[atlas:bill]

AN ACT Relating to foreign social referral service agencies; adding a new chapter to Title 18 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that businesses that match foreign women for marriage to men in the United States promote and advertise women as commodities and perpetuate sexist and racist stereotypes of foreign women. The legislature further finds that foreign women entering the United States and the state of Washington as brides through businesses that match foreign women to men in the United States often suffer emotional and physical abuse at the hands of their husbands. These women are less likely than citizens of the United States to report this abuse because of a number of factors, including lack of knowledge of their rights under the laws of the state of Washington and laws of the United States, fear of deportation, and isolation from society because of a lack of English language skills and unfamiliarity with the culture.

It is therefore the intent of the legislature to provide protection to these women by regulating businesses that match foreign women to men in the United States by requiring these businesses to provide: To foreign women, information about their rights under the laws, including the right to be free from emotional and physical abuse and the resources available to them to combat such abuse; and to men in the United States who are seeking social referral services with foreign women, information on the culture and customs of the foreign women.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Client" means a person seeking foreign social referral services through a foreign social referral service agency.

(2) "Department" means the department of licensing.

(3) "Director" means the director of licensing or the director's designee.

(4) "Foreign social referral service agency" means a person or business entity that provides domestic clients with social referral service matches to foreign clients for compensation, such as computer dating agencies, video dating agencies, and mail dating agencies, but does not include newspapers offering personal advertisement services.

(5) "Foreign social referral services" means those services primarily intended to introduce or match domestic persons with foreign persons for social, recreational, or romantic encounters.

(6) "Person" means an individual, firm, association, corporation, partnership, limited liability company, or other business entity.

NEW SECTION. Sec. 3. The director has the following authority in administering this chapter:

(1) To adopt, amend, and rescind rules as deemed necessary to carry out this chapter;

(2) To issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under this chapter;

(3) To take or cause depositions to be taken and use other discovery procedures as needed in an investigation, hearing, or proceeding held under this chapter;

(4) To compel attendance of witnesses at hearings;

(5) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;

(6) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the director;

(7) To use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the director or the director's designee shall make the final decision in the hearing;

(8) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

(9) To adopt standards of professional conduct or practice;

(10) In the event of a finding of unprofessional conduct by an applicant or license holder, to impose sanctions against a license applicant or license holder as provided by this chapter;

(11) To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant or license holder shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action;

(12) To designate individuals authorized to sign subpoenas and statements of charges;

(13) To employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter; and

(14) To compel the attendance of witnesses at hearings.

NEW SECTION. Sec. 4. A person or business may not offer foreign social referral services in the state of Washington without having first obtained a foreign social referral service license issued by the department.

NEW SECTION. Sec. 5. (1) The director may investigate complaints concerning practice by unlicensed persons or business for which a license is required by this chapter. In the investigation of the complaints, the director has the same authority as provided under section 3 of this act.

(2) The director may issue a notice of intent to issue a cease and desist order to any person whom the director has reason to believe is engaged in the unlicensed practice for which a license is required by this chapter. The person to whom such a notice is issued may request an adjudicative proceeding to contest the allegations. The notice shall include a brief, plain statement of the alleged unlicensed activities. The request for hearing must be filed within twenty days after service of the notice of intent to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the director may enter a permanent cease and desist order, which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW.

(3) If the director makes a final determination that a person has engaged or is engaging in unlicensed practice, the director may issue a permanent cease and desist order. In addition, the director may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person engaged in the unlicensed practice or operation of a business for which a license is required by this chapter. The proceeds of such a fine shall be deposited in the social referral service account.

(4) If the director makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the director may issue a temporary cease and desist order. The person receiving a temporary cease and desist order shall be provided an opportunity for a prompt hearing. A temporary cease and desist order remains in effect until further order of the director. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the director may enter a permanent cease and desist order, which may include a civil fine.

(5) The cease and desist order is conclusive proof of unlicensed practice and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set out in chapter 34.05 RCW.

(6) The attorney general, a county prosecuting attorney, the director, or any person may, in accordance with the laws of this state governing injunctions, maintain an action in the name of the state of Washington to enjoin any person practicing without a license for which a license is required by this chapter. All fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section shall be deposited in the social referral service account.

(7) The civil remedies in this section do not limit the ability to pursue criminal prosecution as authorized in this chapter.

NEW SECTION. Sec. 6. A person who attempts to obtain, obtains, or attempts to maintain a license by willful misrepresentation or fraudulent representation is guilty of a gross misdemeanor.

NEW SECTION. Sec. 7. An application for license must be made to the department on forms provided by the department and must contain that information as the department reasonably requires. An application for license must be accompanied by a license fee established by the department under RCW 43.24.086.

NEW SECTION. Sec. 8. Upon receipt of an application for a license and the license fee, the department must issue a license if the applicant meets the requirements established under this chapter. A license issued under this chapter must expire one year from the date of issuance. A licensee may renew a license by filing a renewal application with the department on forms provided by the department thirty days before the license expiration date and paying a license renewal fee in an amount determined by the department under RCW 43.24.086.

NEW SECTION. Sec. 9. An applicant must meet the following minimum requirements to obtain a foreign social referral service license:

(1) Be at least eighteen years of age;

(2) Be a citizen or lawful permanent resident of the United States;

(3) Be of good moral character;

(4) Pay the required application fee; and

(5) Comply with this chapter.

NEW SECTION. Sec. 10. A foreign social referral service agency shall:

(1) Require a client to provide information on the client's employment, age, health status, and marital history;

(2) Require a client to provide information on a conviction or deferred prosecution for a domestic violence offense, as defined in RCW 10.99.020, and information on a restraining order or no-contact order issued in connection with a domestic violence charge;

(3) Provide to a client, upon the client's request, the employment, age, health status, and marital history of another client with whom the client has been matched or selected;

(4) Provide to a client, upon the client's request, information on another client with whom the client is matched or selected regarding a conviction or deferred prosecution for a domestic violence offense, as defined in RCW 10.99.020, and information regarding a restraining order or no-contact order issued in connection with a domestic violence charge;

(5) Inform a client that the client may request the information listed in subsections (1) through (4) of this section; and

(6) Require that a United States citizen or lawful permanent resident who is matched to a resident of a foreign country complete a cultural diversity education and training course in the culture and customs of the foreign client.

NEW SECTION. Sec. 11. The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:

(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession or operation of the person's business, whether the act constitutes a crime or not. Upon a conviction, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this section abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;

(2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

(3) Advertising that is false, deceptive, or misleading;

(4) Incompetence, negligence, or malpractice that results in harm or damage to a consumer or that creates an unreasonable risk that a consumer may be harmed or damaged;

(5) The suspension, revocation, or restriction of a license to engage in any business or profession by competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or agreement is conclusive evidence of the revocation, suspension, or restriction;

(6) Failure to cooperate with the director by:

(a) Not furnishing any papers or documents requested by the director;

(b) Not furnishing in writing an explanation covering the matter contained in a complaint when requested by the director;

(c) Not responding to a subpoena issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding; or

(d) Not providing authorized access, during regular business hours, to representatives of the director conducting an investigation, inspection, or audit at facilities utilized by the license holder or applicant;

(7) Failure to comply with an order issued by the director;

(8) Violating any lawful rule made by the director;

(9) Aiding or abetting an unlicensed person to practice or operate a business or profession when a license is required;

(10) Practice or operation of a business or profession beyond the scope of practice or operation as defined by law or rule;

(11) Misrepresentation in any aspect of the conduct of the business or profession;

(12) Failure to adequately supervise or oversee auxiliary staff, whether employees or contractors, to the extent that consumers may be harmed or damaged;

(13) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession or operation of the person's business. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this section abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130; and

(14) Interference with an investigation or disciplinary action by willful misrepresentation of facts before the director or the director's authorized representatives, or by the use of threats or harassment against any consumer or witness to discourage them from providing evidence in a disciplinary action or any other legal action, or by the use of financial inducements to any consumer or witness to prevent or attempt to prevent him or her from providing evidence in a disciplinary action.

NEW SECTION. Sec. 12. (1) Upon finding unprofessional conduct, the director may issue an order providing for one or any combination of the following:

(a) Revocation of the license;

(b) Suspension of the license for a fixed or indefinite term;

(d) Satisfactory completion of a specific program of remedial education or treatment;

(e) Monitoring of the practice in a manner directed by the director;

(f) Censure or reprimand;

(g) Compliance with conditions of probation for a designated period of time;

(h) Payment of a fine for each violation found by the director, not to exceed five thousand dollars per violation. The director must consider aggravating or mitigating circumstances in assessing any fine. Funds received must be deposited in the social referral service account;

(i) Denial of an initial or renewal license application; or

(j) Other corrective action.

(2) The director may require reimbursement for the investigative costs incurred in investigating the matter that resulted in issuance of an order under this section, but only if any of the sanctions in subsection (1)(a) through (j) of this section is ordered.

(3) Any of the actions under this section may be totally or partly stayed by the director. In determining what action is appropriate, the director must first consider what sanctions are necessary to protect the public health, safety, or welfare. Only after these provisions have been made may the director consider and include in the order requirements designed to rehabilitate the license holder or applicant. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.

(4) The licensee or applicant may enter into a stipulated disposition of charges that includes one or more of the sanctions of this section, but only after a statement of charges has been issued and the licensee has been afforded the opportunity for a hearing and has elected on the record to forego such a hearing. The stipulation shall either contain one or more specific findings of unprofessional conduct or a statement by the licensee acknowledging that evidence is sufficient to justify one or more specified findings of unprofessional conduct. The stipulations entered into under this subsection are considered formal disciplinary action for all purposes.

NEW SECTION. Sec. 13. An order pursuant to proceedings authorized by this chapter, after due notice and findings in accordance with this chapter and chapter 34.05 RCW, or an order of summary suspension entered under this chapter, takes effect immediately upon its being served. The order, if appealed to the court, may not be stayed pending the appeal unless the director or court to which the appeal is taken enters an order staying the order of the director, which stay shall provide for terms necessary to protect the public.

NEW SECTION. Sec. 14. An individual who has been disciplined or whose license has been denied by a director may appeal the decision as provided in chapter 34.05 RCW.

NEW SECTION. Sec. 15. A foreign social referral service agency may not condition payment, compensation, or other benefit to a client on marriage between its clients.

NEW SECTION. Sec. 16. The social referral service account is created in the state treasury. All fees received by the department for licenses, registrations, renewals, examinations, and audits must be forwarded to the state treasurer who must credit the money to the account. All fines and civil penalties ordered pursuant to this chapter against holders of licenses, certificates, or registrations issued under the provisions of this chapter must be paid to the account. All expenses incurred in carrying out the licensing and registration activities of the department under this chapter must be paid from the account as authorized by legislative appropriation. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium. All earnings of investments of balances in the account shall be credited to the general fund.

NEW SECTION. Sec. 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 18. This act takes effect July 1, 2003.

NEW SECTION. Sec. 19. Sections 1 through 18 of this act constitute a new chapter in Title 18 RCW.