AN ACT Relating to certification of process servers; adding a new chapter to Title 18 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Affidavit" means an affidavit of service, return of service, or any document or notation upon a document evidencing service of specified documents and containing at a minimum the name, presumed name, or other identity of the person served or, if not served upon a natural person, the means by which service was effected, the date, time, and address of service, and subscribed by the process server upon oath before a notary public or verified upon penalty of perjury.

(2) "Certified process server" means any person certified as a process server under the provisions of this chapter.

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

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

(5) "Process server" means any person who intentionally endeavors to accomplish process service.

(6) "Process service" means to deliver, in a legally significant manner, any document required or allowed to be served upon persons or property, of any sort, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States.

(7) "Serious crime" means any felony or any lesser crime, a necessary element of which, as determined by the statutory or common law definition of such crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, the unauthorized practice of law, deceit, bribery, extortion, misappropriation, theft, or an attempt, a conspiracy, or the solicitation of another to commit a serious crime.

NEW SECTION. Sec. 2. Upon application to the department, the director may certify a process server under this chapter. The applicant must:

(1) Pay an application fee determined by the director;

(2) Complete an application form provided by the department containing the applicant's legal name and any alternate or assumed names, physical residence address, telephone number, date of birth, and the name and address of the firm, agency, or company with which the applicant is affiliated, if any. The application shall state, signed and notarized under penalty of perjury, that the applicant: (a) Is a United States citizen or is legally resident therein, (b) has not been convicted of a serious crime within the past ten years or, if convicted, has provided a true and complete list of all such convictions with case name, court, action number, date, and crime committed, (c) resides in or is employed in or regularly carries on business in Washington state, and (d) will conform to statutes and rules regarding the service of civil process in Washington state; and

(3) Post a bond in the amount of twenty-five hundred dollars with the state of Washington named as obligee, executed by a corporate surety authorized to do business in this state as security solely against damage to property caused by the applicant upon entering private property as authorized under section 9 of this act.

NEW SECTION. Sec. 3. The director shall not certify a process server who has committed a serious crime within the preceding ten years unless that crime is not directly related to the objectives of veracity and protection of persons and property sought by the certification process, in which case the director may deny certification under the department's standards. A certified process server convicted of a serious crime shall have his or her certification revoked. A certified process server who is convicted of a lesser crime or who is found civilly liable with judgment entered for any act or neglect related to an affidavit or to process service may be suspended for a period up to three months if the director determines thereby that the certified process server has exhibited gross negligence, a course of negligent conduct, or reckless disregard of his or her responsibility as a certified process server. Nothing in this section shall counter the remedial policies expressed in chapter 9.96A RCW.

NEW SECTION. Sec. 4. Any decision by the director to deny, revoke, or suspend certification under this chapter shall be final unless the aggrieved process server demands a hearing within twenty days of the effective date of such denial, revocation, or suspension. Such hearings shall be conducted under the provisions of chapter 34.04 RCW.

NEW SECTION. Sec. 5. The director shall have the necessary authority to implement this chapter, to conduct hearings and engage in rulemaking under chapter 34.04 RCW; to determine fees for certification under RCW 43.24.086, and to otherwise fulfill administrative duties under chapter 43.24 RCW; and to retain administrative, clerical, investigative, and other personnel as needed to administer this chapter. Such authority shall be in addition to any other authority the director has as provided by law.

NEW SECTION. Sec. 6. A process server shall be certified or shall be notified that certification has been denied within thirty days from the date application is completed. A certified process server shall be issued a certificate and an identification card upon certification. The identification card shall bear the photograph and signature of the certified process server and shall show his or her name, date of birth, and either physical residence address or the address and name of an affiliated firm, agency, or company, if any, together with the certified process server's identification number.

NEW SECTION. Sec. 7. It shall be the duty of a certified process server to:

(1) Report lost identification cards to the department within five days of the discovery of loss. New cards shall be issued according to rule.

(2) Report changes in name, address, and affiliated firm, agency, or company to the department within twenty days of such change.

(3) Return expired identification cards to the department within fifteen days of expiration.

(4) Include the notation "Washington State Certified Process Server" with identification number on all affidavits of process service. Failure to comply with subsections (1) through (4) of this section shall be a misdemeanor.

(5) Report convictions of any crime other than a misdemeanor traffic infraction, or if any civil judgment is entered for which a certified process server is wholly, partially, or severally liable due to an affidavit or process service while the certification is still in force within ten days from the date thereof, such conviction or entered judgment to the department, including at the minimum the case name, court, action number, and date of the conviction or entry of judgment and grounds therefor.

(6) Return revoked or suspended identification cards to the department within fifteen days from the date notice was issued by the department. Failure to comply with subsection (5) of this section and this subsection shall be a gross misdemeanor.

NEW SECTION. Sec. 8. Certification shall expire at the end of one year from the date of issue. A certificate may be renewed by reapplying under the initial procedure.

NEW SECTION. Sec. 9. Certified process servers have the authority to enter private property for the purpose of process serving only, except that no privilege shall exist to use any type of force to effect such entry, to enter any part of a business premise which is restricted to members of the general public, or to enter a private dwelling unit.

NEW SECTION. Sec. 10. Certified process servers have the authority to make valid process services on court holidays, including Sundays.

NEW SECTION. Sec. 11. Certified process servers are court officers and are executing lawful process when process serving documents, for the application of RCW 9A.36.030.

NEW SECTION. Sec. 12. 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. 13. Sections 1 through 11 of this act shall constitute a new chapter in Title 18 RCW.