AN
ACT Relating to the uniform regulation of business and professions pertaining
to programs administered by the department of licensing; amending RCW
18.08.340, 18.08.380, 18.08.420, 18.08.440, 18.11.085, 18.11.095, 18.11.100,
18.11.160, 18.11.180, 18.11.200, 18.16.030, 18.16.060, 18.16.150, 18.16.175,
18.16.200, 18.39.300, 18.39.350, 18.39.410, 18.39.530, 18.43.035, 18.43.105,
18.43.110, 18.43.130, 18.85.040, 18.85.230, 18.85.261, 18.85.271, 18.96.060,
18.96.120, 18.96.140, 18.140.030, 18.140.160, 18.140.170, 18.165.160,
18.165.170, 18.170.170, 18.170.180, 18.185.110, 18.185.120, 18.185.140,
18.185.170, 18.210.020, 18.210.030, 18.210.060, 18.210.160, 18.220.040,
18.220.050, 18.220.130, 18.220.150, 19.16.120, 19.16.351, 19.31.070, 19.31.130,
19.105.350, 19.105.380, 19.105.440, 19.105.470, 19.138.120, 19.138.130,
19.138.170, 19.138.180, 19.138.200, 19.138.240, 19.158.040, 19.158.050,
42.44.030, 42.44.060, 42.44.160, 42.44.170, 42.44.190, 46.72.100, 46.72A.100,
64.36.040, 64.36.090, 64.36.100, 64.36.195, 64.36.200, 64.36.220, 64.36.230,
67.08.010, 67.08.015, 67.08.017, 67.08.090, 67.08.100, 67.08.110, 67.08.130,
67.08.140, 67.08.180, 67.08.300, 68.05.105, 68.05.170, 68.05.235, 68.05.259,
68.05.300, 68.05.310, 68.05.320, 68.05.330, 68.05.340, 68.05.350, 79A.60.480,
and 79A.60.490; reenacting and amending RCW 18.145.050; adding a new section to
chapter 18.08 RCW; adding a new section to chapter 18.11 RCW; adding a new
section to chapter 18.16 RCW; adding a new section to chapter 18.39 RCW; adding
a new section to chapter 18.43 RCW; adding a new section to chapter 18.85 RCW;
adding a new section to chapter 18.96 RCW; adding new sections to chapter
18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to
chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new
section to chapter 18.185 RCW; adding a new section to chapter 18.210 RCW;
adding a new section to chapter 18.220 RCW; adding a new section to chapter
19.16 RCW; adding a new section to chapter 19.31 RCW; adding a new section to
chapter 19.105 RCW; adding a new section to chapter 19.138 RCW; adding a new
section to chapter 19.158 RCW; adding a new section to chapter 42.44 RCW;
adding a new section to chapter 46.72 RCW; adding a new section to chapter
46.72A RCW; adding a new section to chapter 64.36 RCW; adding a new section to
chapter 67.08 RCW; adding a new section to chapter 68.05 RCW; adding a new
section to chapter 79A.60 RCW; adding a new chapter to Title 18 RCW; creating a
new section; repealing RCW 18.08.450, 18.39.400, 18.39.430, 18.39.440,
18.39.460, 18.39.470, 18.39.480, 18.39.490, 18.39.500, 18.39.510, 18.39.520,
18.39.540, 18.39.550, 18.43.140, 18.85.251, 18.85.360, 18.96.130, 18.140.180,
18.165.190, 18.165.200, 18.165.240, 18.165.250, 18.165.260, 18.170.190, 18.170.200,
18.170.240, 18.170.250, 18.170.260, 18.170.270, 18.185.150, 18.185.160,
18.185.180, 18.185.190, 19.16.360, 19.16.380, 19.16.400, 19.105.460,
19.138.190, 19.138.210, 19.138.220, 19.138.230, 19.138.300, 19.158.060,
64.36.180, 64.36.190, 64.36.280, 64.36.300, 67.08.120, 67.08.210, 67.08.230,
67.08.250, and 67.08.260; prescribing penalties; and providing effective dates.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART
1
NEW
SECTION. Sec. 1. It is
the intent of the legislature to consolidate disciplinary procedures for the
licensed businesses and professions under the business and professions division
of the department of licensing by providing a uniform disciplinary act for
businesses and professions with standardized procedures for the regulation of
businesses and professions and the enforcement of laws, the purpose of which is
to assure the public of the adequacy of business and professional competence
and conduct.
It
is also the intent of the legislature that all businesses and professions newly
credentialed by the state and regulated by the business and professions
division of the department of licensing come under this chapter.
NEW
SECTION. Sec. 2. The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"Board" means those boards specified in section 103(2)(b) of this
act.
(2)
"Department" means the department of licensing.
(3)
"Director" means the director of the department or director's
designee.
(4)
"Disciplinary action" means sanctions identified in section 112 of
this act.
(5)
"Disciplinary authority" means the director, board, or commission
having the authority to take disciplinary action against a holder of, or
applicant for, a professional or business license upon a finding of a violation
of this chapter or a chapter specified under section 103 of this act.
(6)
"License," "licensing," and "licensure" are
deemed equivalent to the terms "license," "licensing,"
"licensure," "certificate," "certification," and
"registration" as those terms are defined in RCW 18.118.020. Each of
these terms, and the term "appointment" under chapter 42.44 RCW, are
interchangeable under the provisions of this chapter.
(7)
"Unlicensed practice" means:
(a)
Practicing a profession or operating a business identified in section 103 of
this act without holding a valid, unexpired, unrevoked, and unsuspended license
to do so; or
(b)
Representing to a consumer, through offerings, advertisements, or use of a
professional title or designation, that the individual or business is qualified
to practice a profession or operate a business identified in section 103 of
this act without holding a valid, unexpired, unrevoked, and unsuspended license
to do so.
NEW
SECTION. Sec. 3. (1)
This chapter applies only to the director and the boards and commissions having
jurisdiction in relation to the businesses and professions licensed under the
chapters specified in this section. This chapter does not apply to any
business or profession not licensed under the chapters specified in this section.
(2)(a)
The director has authority under this chapter in relation to the following
businesses and professions:
(i)
Auctioneers under chapter 18.11 RCW;
(ii)
Bail bond agents under chapter 18.185 RCW;
(iii)
Camping resorts' operators and salespersons under chapter 19.105 RCW;
(iv)
Commercial telephone solicitors under chapter 19.158 RCW;
(v)
Cosmetologists, barbers, manicurists, and estheticians under chapter 18.16 RCW;
(vi)
Court reporters under chapter 18.145 RCW;
(vii)
Employment agencies under chapter 19.31 RCW;
(viii)
For hire vehicle operators under chapter 46.72 RCW;
(ix)
Limousines under chapter 46.72A RCW;
(x)
Notaries public under chapter 42.44 RCW;
(xi)
Private investigators under chapter 18.165 RCW;
(xii)
Professional boxing, martial arts, and wrestling under chapter 67.08 RCW;
(xiii)
Real estate appraisers under chapter 18.140 RCW;
(xiv)
Real estate brokers and salespersons under chapters 18.85 and 18.86 RCW;
(xv)
Security guards under chapter 18.170 RCW;
(xvi)
Sellers of travel under chapter 19.138 RCW;
(xvii)
Timeshares and timeshare salespersons under chapter 64.36 RCW; and
(xviii)
Whitewater river outfitters under chapter 79A.60 RCW.
(b)
The boards and commissions having authority under this chapter are as follows:
(i)
The state board of registration for architects established in chapter 18.08
RCW;
(ii)
The cemetery board established in chapter 68.05 RCW;
(iii)
The Washington state collection agency board established in chapter 19.16 RCW;
(iv)
The state board of registration for professional engineers and land surveyors
established in chapter 18.43 RCW governing licenses issued under chapters 18.43
and 18.210 RCW;
(v)
The state board of funeral directors and embalmers established in chapter 18.39
RCW;
(vi)
The state board of registration for landscape architects established in chapter
18.96 RCW; and
(vii)
The state geologist licensing board established in chapter 18.220 RCW.
(3)
In addition to the authority to discipline license holders, the disciplinary
authority may grant or deny licenses based on the conditions and criteria
established in this chapter and the chapters specified in subsection (2) of
this section. This chapter also governs any investigation, hearing, or
proceeding relating to denial of licensure or issuance of a license conditioned
on the applicant's compliance with an order entered under section 112 of this
act by the disciplinary authority.
NEW
SECTION. Sec. 4. The
disciplinary authority has the power to:
(1)
Adopt, amend, and rescind rules as necessary to carry out the purposes of this
chapter, including, but not limited to, rules regarding standards of
professional conduct and practice;
(2)
Investigate complaints or reports of unprofessional conduct and hold hearings
as provided in this chapter;
(3)
Issue subpoenas and administer oaths in connection with any investigation,
hearing, or proceeding held under this chapter;
(4)
Take or cause depositions to be taken and use other discovery procedures as
needed in an investigation, hearing, or proceeding held under this chapter;
(5)
Compel attendance of witnesses at hearings;
(6)
Conduct practice reviews in the course of investigating a complaint or report
of unprofessional conduct, unless the disciplinary authority is authorized to
audit or inspect applicants or licensees under the chapters specified in
section 103 of this act;
(7)
Take emergency action ordering summary suspension of a license, or restriction
or limitation of the licensee's practice or business pending proceedings by the
disciplinary authority;
(8)
Appoint a presiding officer or authorize the office of administrative hearings,
as provided in chapter 34.12 RCW, to conduct hearings. The disciplinary
authority may make the final decision regarding disposition of the license
unless the disciplinary authority elects to delegate, in writing, the final
decision to the presiding officer;
(9)
Use individual members of the boards and commissions to direct investigations.
However, the member of the board or commission may not subsequently participate
in the hearing of the case;
(10)
Enter into contracts for professional services determined to be necessary for
adequate enforcement of this chapter;
(11)
Grant or deny license applications, secure the return of a license obtained
through the mistake or inadvertence of the department or the disciplinary
authority after providing the person so licensed with an opportunity for an
adjudicative proceeding, and, in the event of a finding of unprofessional conduct
by an applicant or license holder, impose any sanction against a license
applicant or license holder provided by this chapter;
(12)
Designate individuals authorized to sign subpoenas and statements of charges;
(13)
Establish panels consisting of three or more members of the board or commission
to perform any duty or authority within the board's or commission's
jurisdiction under this chapter; and
(14)
Contract with licensees, registrants, endorsement or permit holders, or any
other persons or organizations to provide services necessary for the monitoring
or supervision of licensees, registrants, or endorsement or permit holders who
are placed on probation, whose professional or business activities are restricted,
or who are for an authorized purpose subject to monitoring by the disciplinary
authority. If the subject licensee, registrant, or endorsement or permit
holders may only practice or operate a business under the supervision of
another licensee, registrant, or endorsement or permit holder under the terms
of the law regulating that occupation or business, the supervising licensee,
registrant, or endorsement or permit holder must consent to the monitoring or
supervision under this subsection, unless the supervising licensee, registrant,
or endorsement or permit holder is, at the time, the subject of a disciplinary
order.
NEW
SECTION. Sec. 5. In
addition to the authority specified in section 104 of this act, the director
has the following additional authority:
(1)
To employ investigative, administrative, and clerical staff as necessary for
the enforcement of this chapter, except as provided otherwise by statute;
(2)
Upon request of a board or commission, to appoint not more than three pro tem
members as provided in this subsection. Individuals appointed as pro tem
members of a board or commission must meet the same minimum qualifications as
regular members of the board or commission. While serving as a pro tem board
or commission member, a person so appointed has all the powers, duties, and
immunities, and is entitled to the entitlements, including travel expenses in
accordance with RCW 43.03.050 and 43.03.060, of a regular member of the board
or commission; and
(3)
To establish fees to be paid for witnesses, expert witnesses, and consultants
used in any investigation or adjudicative proceedings as authorized by RCW
34.05.446.
NEW
SECTION. Sec. 6. (1)
If the disciplinary authority determines, upon investigation, that there is
reason to believe a violation of section 114 of this act has occurred, a
statement of charge or charges may be prepared and served upon the license
holder or applicant. The statement of charge or charges must be accompanied by
a notice that the license holder or applicant may request a hearing to contest
the charge or charges. The license holder or applicant must file a request for
a hearing with the disciplinary authority within twenty days after being served
the statement of charges. The failure to request a hearing constitutes a
default, whereupon the disciplinary authority may enter a decision on the facts
available to it.
(2)
If a hearing is requested, the time of the hearing must be fixed by the
disciplinary authority as soon as convenient, but the hearing may not be held
earlier than thirty days after service of charges upon the license holder or
applicant, unless the disciplinary authority has issued a summary suspension or
summary restriction, for which a hearing may be held sooner than thirty days
after service of charges.
NEW
SECTION. Sec. 7. The
procedures governing adjudicative proceedings before agencies under chapter
34.05 RCW, the administrative procedure act, govern all hearings before the
disciplinary authority. The disciplinary authority has, in addition to the
powers and duties set forth in this chapter, all of the powers and duties under
chapter 34.05 RCW, which include, without limitation, all powers relating to
the administration of oaths, the receipt of evidence, the issuance and
enforcing of subpoenas, and the taking of depositions.
NEW
SECTION. Sec. 8. The
department shall not issue a license to any person whose license has been
previously denied, revoked, or suspended by the disciplinary authority for that
profession or business, except in conformity with the terms and conditions of
the certificate or order of denial, revocation, or suspension, or in conformity
with any order of reinstatement issued by the disciplinary authority, or in
accordance with the final judgment in any proceeding for review instituted
under this chapter.
NEW
SECTION. Sec. 9. 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 disciplinary authority or court to which the
appeal is taken enters an order staying the order of the disciplinary
authority, which stay shall provide for terms necessary to protect the public.
NEW
SECTION. Sec. 10. An
individual who has been disciplined or whose license has been denied by a
disciplinary authority may appeal the decision as provided in chapter 34.05
RCW.
NEW
SECTION. Sec. 11. A
person whose license has been suspended or revoked under this chapter may
petition the disciplinary authority for reinstatement after an interval of time
and upon conditions determined by the disciplinary authority in the order. The
disciplinary authority shall act on the petition in accordance with the
adjudicative proceedings provided under chapter 34.05 RCW and may impose such
conditions as authorized by section 112 of this act. The disciplinary
authority may require successful completion of an examination as condition of
reinstatement.
NEW
SECTION. Sec. 12. (1)
Upon finding unprofessional conduct, the disciplinary authority 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;
(c)
Restriction or limitation of the practice;
(d)
Satisfactory completion of a specific program of remedial education or
treatment;
(e)
Monitoring of the practice in a manner directed by the disciplinary authority;
(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 disciplinary authority, not
to exceed five thousand dollars per violation. The disciplinary authority must
consider aggravating or mitigating circumstances in assessing any fine. Funds
received must be deposited in the related program account;
(i)
Denial of an initial or renewal license application; or
(j)
Other corrective action.
(2)
The disciplinary authority may require reimbursement to the disciplinary
authority 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
disciplinary authority. In determining what action is appropriate, the
disciplinary authority must first consider what sanctions are necessary to
protect the public health, safety, or welfare. Only after these provisions
have been made may the disciplinary authority 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. Where
payment of a fine is required as a result of a disciplinary action under
section 107 or 116 of this act and timely payment is not made as directed in
the final order, the disciplinary authority may enforce the order for payment
in the superior court in the county in which the hearing was held. This right
of enforcement is in addition to any other rights the disciplinary authority
may have as to any licensee ordered to pay a fine but may not be construed to
limit a licensee's ability to seek judicial review under section 110 of this
act. In any action for enforcement of an order of payment of a fine, the disciplinary
authority's order is conclusive proof of the validity of the order of a fine
and the terms of payment.
NEW
SECTION. Sec. 14. 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, however, 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 disciplinary authority in the course of an
investigation, audit, or inspection authorized by law by:
(a)
Not furnishing any papers or documents requested by the disciplinary authority;
(b)
Not furnishing in writing an explanation covering the matter contained in a
complaint when requested by the disciplinary authority;
(c)
Not responding to a subpoena issued by the disciplinary authority, 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 disciplinary authority 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 disciplinary authority;
(8)
Violating any lawful rule made by the disciplinary authority;
(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 disciplinary authority or its 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. 15. If a
person or business regulated by this chapter violates or fails to comply with a
final order issued under section 114 of this act, the attorney general, any
prosecuting attorney, the director, the board or commission, or any other
person may maintain an action in the name of the state of Washington to enjoin
the person from violating the order or failing to comply with the order. The
injunction does not relieve the offender from criminal prosecution, but the
remedy by injunction is in addition to the liability of the offender to
criminal prosecution and disciplinary action.
NEW
SECTION. Sec. 16. (1)
The disciplinary authority may investigate complaints concerning practice by
unlicensed persons of a profession or business for which a license is required
by the chapters specified in section 103 of this act. In the investigation of
the complaints, the director has the same authority as provided the
disciplinary authority under section 104 of this act.
(2)
The disciplinary authority may issue a notice of intent to issue a cease and
desist order to any person whom the disciplinary authority has reason to
believe is engaged in the unlicensed practice of a profession or operation of a
business for which a license is required by the chapters specified in section
103 of this act. 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 disciplinary authority 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 disciplinary authority 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 of a profession or
operation of a business for which a license is required by one or more of the
chapters specified in section 103 of this act. The proceeds of such a fine
shall be deposited in the related program account.
(4)
If the disciplinary authority makes a written finding of fact that the public
interest will be irreparably harmed by delay in issuing an order, the
disciplinary authority 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 shall
remain in effect until further order of the disciplinary authority. The
failure to request a prompt or regularly scheduled hearing constitutes a
default, whereupon the disciplinary authority 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, a board or
commission, 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 a profession or business without a
license for which a license is required by the chapters specified in section
103 of this act. All fees, fines, forfeitures, and penalties collected or
assessed by a court because of a violation of this section shall be deposited
in the related program account.
(7)
The civil remedies in this section do not limit the ability to pursue criminal
prosecution as authorized in any of the acts specified in section 103 of this
act nor do the civil remedies limit any criminal sanctions.
NEW
SECTION. Sec. 17. A
person or business that violates an injunction issued under this chapter may be
found in contempt of court under RCW 7.21.010. Upon a finding by a court of
competent jurisdiction that the person or business is in contempt, the court
may order any remedial sanction as authorized by RCW 7.21.030. Further, the
court may, in addition to the remedial sanctions available under RCW 7.21.030,
order the person or business to pay a civil penalty to the state in an amount
not to exceed twenty-five thousand dollars, which shall be deposited in the
related program account. For the purposes of this section, the superior court
issuing any injunction retains jurisdiction and the cause shall be continued,
and in such cases the attorney general acting in the name of the state may
petition for the recovery of civil penalties.
NEW
SECTION. Sec. 18. 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. 19. If
the disciplinary authority has reason to believe that a license holder has
committed a crime, or violated the laws of another regulatory body, the
disciplinary authority may notify the attorney general or the county
prosecuting attorney in the county in which the act took place, or other
responsible official of the facts known to the disciplinary authority.
NEW
SECTION. Sec. 20. The
director, members of the boards or commissions, or individuals acting on their
behalf are immune from suit in any action, civil or criminal, based on any
disciplinary actions or other official acts performed in the course of their
duties.
NEW
SECTION. Sec. 21. This
chapter does not affect the use of records, obtained from the director or the
disciplinary authorities, in any existing investigation or action by any public
agency. Nor does this chapter limit any existing exchange of information
between the director or the disciplinary authorities and other public agencies.
NEW
SECTION. Sec. 22. (1)
This chapter applies to any conduct, acts, or conditions occurring on or after
the effective date of this section.
(2)
This chapter does not apply to or govern the construction of and disciplinary
action for any conduct, acts, or conditions occurring prior to the effective
date of this section. The conduct, acts, or conditions must be construed and
disciplinary action taken according to the provisions of law existing at the
time of the occurrence in the same manner as if this chapter had not been
enacted.
NEW
SECTION. Sec. 23. This
chapter may be known and cited as the uniform regulation of business and
professions act.
NEW
SECTION. Sec. 24.
Sections 101 through 123 of this act take effect January 1, 2003.
NEW
SECTION. Sec. 25.
Sections 101 through 124 of this act constitute a new chapter in Title 18 RCW.
PART
2
Sec.
201. RCW
18.08.340 and 1985 c 37 s 5 are each amended to read as follows:
(1)
The board may adopt such rules under chapter 34.05 RCW as are necessary for the
proper performance of its duties under this chapter.
(2)
The director shall employ an executive secretary subject to approval by the
board. ((The director shall provide such secretarial and administrative
support as may be required to carry out the purposes of this chapter.
(3)
The board or the director may conduct investigations concerning alleged
violations of this chapter. In making such investigations and in all
proceedings of the board under this chapter, the chairman or any member of the
board acting in place of the chairman may administer oaths or affirmations to
witnesses appearing before the board, subpoena witnesses and compel their
attendance, and require the production of books, records, papers, and
documents. If any person refuses to obey a subpoena so issued, or refuses to
testify or produce any books, records, papers, or documents so required to be
produced, the board may present its petition in the superior court of Thurston
county or the county in which the person resides, setting forth the facts, and
thereupon the court shall, in a proper case, enter a suitable order compelling
compliance with this chapter and imposing such other terms and conditions as
the court finds equitable.))
Sec.
202. RCW
18.08.380 and 1985 c 37 s 9 are each amended to read as follows:
(((1)
The director may reinstate a certificate of registration to any person or a
certificate of authorization to any corporation or joint stock association
whose certificate has been revoked, if a majority of the board vote in favor of
such reissuance, if the board finds that the circumstances or conditions that
brought about the revocation are not likely to recur and that the person,
corporation, or joint stockholders' association is then sufficiently
trustworthy and reliable at the time reinstatement is sought, and that the best
interests of the public will be served by reinstatement of the registration.
(2))) A
new certificate of registration or certificate of authorization to replace any
certificate lost, destroyed, or mutilated may be issued by the director. A
charge, determined as provided in RCW 43.24.086, shall be made for such
issuance.
Sec.
203. RCW
18.08.420 and 1991 c 72 s 2 are each amended to read as follows:
(1)
An architect or architects may organize a corporation formed either as a
business corporation under the provisions of Title 23B RCW or as a professional
corporation under the provisions of chapter 18.100 RCW. For an architect or
architects to practice architecture through a corporation or joint stock association
organized by any person under Title 23B RCW, the corporation or joint stock
association shall file with the board:
(a)
The application for certificate of authorization upon a form to be prescribed
by the board and containing information required to enable the board to
determine whether the corporation is qualified under this chapter to practice
architecture in this state;
(b)
Its notices of incorporation and bylaws and a certified copy of a resolution of
the board of directors of the corporation that designates individuals
registered under this chapter as responsible for the practice of architecture
by the corporation in this state and that provides that full authority to make
all final architectural decisions on behalf of the corporation with respect to
work performed by the corporation in this state shall be granted and delegated
by the board of directors to the individuals designated in the resolution. The
filing of the resolution shall not relieve the corporation of any
responsibility or liability imposed upon it by law or by contract; and
(c)
A designation in writing setting forth the name or names of the person or
persons registered under this chapter who are responsible for the architecture
of the firm. If there is a change in the person or persons responsible for the
architecture of the firm, the changes shall be designated in writing and filed
with the board within thirty days after the effective date of the changes.
(2)
Upon the filing with the board of the application for certificate of
authorization, the certified copy of the resolution, and the information
specified in subsection (1) of this section, the board shall authorize the
director to issue to the corporation a certificate of authorization to practice
architecture in this state upon a determination by the board that:
(a)
The bylaws of the corporation contain provisions that all architectural
decisions pertaining to any project or architectural activities in this state
shall be made by the specified architects responsible for the project or
architectural activities, or other responsible architects under the direction
or supervision of the architects responsible for the project or architectural
activities;
(b)
The applicant corporation has the ability to provide, through qualified
personnel, professional services or creative work requiring architectural
experience, and with respect to the architectural services that the corporation
undertakes or offers to undertake, the personnel have the ability to apply
special knowledge to the professional services or creative work such as
consultation, investigation, evaluation, planning, design, and administration
of the construction contract in connection with any public or private
structures, buildings, equipment, processes, works, or projects;
(c)
The application for certificate of authorization contains the professional
records of the designated person or persons who are responsible;
(d)
The application for certificate of authorization states the experience of the
corporation, if any, in furnishing architectural services during the preceding
five-year period;
(e)
The applicant corporation meets such other requirements related to professional
competence in the furnishing of architectural services as may be established
and promulgated by the board in furtherance of the purposes of this chapter;
and
(f)
The applicant corporation is possessed of the ability and competence to furnish
architectural services in the public interest.
(3)
Upon recommendation of the board to impose action as authorized in section
112 of this act, the director ((shall refuse to issue or)) may ((suspend
or revoke)) impose the recommended action upon a certificate of
authorization to a corporation if the board finds that any of the officers,
directors, incorporators, or the stockholders holding a majority of stock of
the corporation have committed an act prohibited under RCW 18.08.440 or
section 114 of this act or have been found personally responsible for
misconduct under subsection (6) or (7) of this section.
(4)
In the event a corporation, organized solely by a group of architects each
registered under this chapter, applies for a certificate of authorization, the
board may, in its discretion, grant a certificate of authorization to that
corporation based on a review of the professional records of such
incorporators, in lieu of the required qualifications set forth in subsections
(1) and (2) of this section. In the event the ownership of such corporation is
altered, the corporation shall apply for a revised certificate of
authorization, based upon the professional records of the owners if exclusively
architects, under the qualifications required by subsections (1) and (2) of
this section.
(5)
Any corporation authorized to practice architecture under this chapter, together
with its directors and officers for their own individual acts, are responsible
to the same degree as an individual registered architect and shall conduct
their business without misconduct or malpractice in the practice of
architecture as defined in this chapter.
(6)
Any corporation that has been certified under this chapter and has engaged in
the practice of architecture ((shall)) may have its certificate
of authorization either suspended or revoked by the board if, after a proper
hearing, the board finds that the corporation has committed misconduct or
malpractice under RCW 18.08.440 or section 114 of this act. In such a
case, any individual architect registered under this chapter who is involved in
such misconduct is also subject to disciplinary measures provided in this
chapter and section 112 of this act.
(7)
All plans, specifications, designs, and reports when issued in connection with
work performed by a corporation under its certificate of authorization shall be
prepared by or under the direction of the designated architects and shall be
signed by and stamped with the official seal of the designated architects in
the corporation authorized under this chapter.
(8)
For each certificate of authorization issued under this section there shall be
paid a certification fee and an annual certification renewal fee as prescribed
by the director under RCW 43.24.086.
(9)
This chapter shall not affect the practice of architecture as a professional
service corporation under chapter 18.100 RCW.
Sec.
204. RCW
18.08.440 and 1985 c 37 s 15 are each amended to read as follows:
The
board shall have the power to impose ((fines on any person practicing
architecture in an amount not to exceed one thousand dollars for each offense
and may reprimand a registrant and may suspend, revoke, or refuse to issue or
renew a certificate of registration or authorization to practice architecture
in this state)) any action listed under section 112 of this act upon
the following grounds:
(1)
Offering to pay, paying, or accepting, either directly or indirectly, any
substantial gift, bribe, or other consideration to influence the award of
professional work;
(2)
Being willfully untruthful or deceptive in any professional report,
statement, or testimony;
(3)
((Having conviction in any court of any offense involving moral turpitude or
fraud;
(4)))
Having a financial interest in the bidding for or the performance of a contract
to supply labor or materials for or to construct a project for which employed
or retained as an architect except with the consent of the client or employer
after disclosure of such facts; or allowing an interest in any business to
affect a decision regarding architectural work for which retained, employed, or
called upon to perform;
(((5)))
(4) Signing or permitting a seal to be affixed to any drawings or
specifications that were not prepared or reviewed by the architect or under the
architect's personal supervision by persons subject to the architect's direction
and control; or
(((6)
Aiding or abetting any person not authorized to practice architecture under
this chapter;
(7))) (5)
Willfully evading or trying to evade any law, ordinance, code, or
regulation governing construction of buildings((; or
(8)
Violating any provision of this chapter or any regulation adopted under it)).
NEW
SECTION. Sec. 205. A
new section is added to chapter 18.08 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
206. RCW
18.11.085 and 1987 c 336 s 1 are each amended to read as follows:
Every
individual, before acting as an auctioneer, shall obtain an auctioneer
certificate of registration. To be licensed as an auctioneer, an individual
shall meet all of the following requirements:
(1)
Be at least eighteen years of age or sponsored by a licensed auctioneer.
(2)
File with the department a completed application on a form prescribed by the
director.
(3)
Show that the proper tax registration certificate required by RCW 82.32.030 has
been obtained from the department of revenue.
(4)
Pay the auctioneer registration fee required under the agency rules adopted
pursuant to this chapter.
(5)
Except as otherwise provided under RCW 18.11.121, file with the department an
auctioneer surety bond in the amount and form required by RCW 18.11.121 and the
agency rules adopted pursuant to this chapter.
(6)
Have no disqualifications under RCW 18.11.160 or section 114 of this act.
Sec.
207. RCW
18.11.095 and 1987 c 336 s 5 are each amended to read as follows:
Every
person, before operating an auction company as defined in RCW 18.11.050, shall
obtain an auction company certificate of registration.
(1)
Except as provided in subsection (2) of this section, to be licensed as an
auction company, a person shall meet all of the following requirements:
(a)
File with the department a completed application on a form prescribed by the
director.
(b)
Sign a notarized statement included on the application form that all
auctioneers hired by the auction company to do business in the state shall be
properly registered under this chapter.
(c)
Show that the proper tax registration certificate required by RCW 82.32.030 has
been obtained from the department of revenue.
(d)
Pay the auction company registration fee required under the agency rules
adopted pursuant to this chapter.
(e)
File with the department an auction company surety bond in the amount and form
required by RCW 18.11.121 and the agency rules adopted pursuant to this
chapter.
(f)
Have no disqualifications under RCW 18.11.160 or section 114 of this act.
(2)
An auction company shall not be charged a license fee if it is a sole
proprietorship or a partnership owned by an auctioneer or auctioneers, each of
whom is licensed under this chapter, and if it has in effect a surety bond or
bonds or other security approved by the director in the amount that would
otherwise be required for an auction company to be granted or to retain a
license under RCW 18.11.121.
Sec.
208. RCW
18.11.100 and 1986 c 324 s 7 are each amended to read as follows:
(1)
Nonresident auctioneers and auction companies are required to comply with the provisions
of this chapter, chapter 18.--- RCW (sections 101 through 124 of this act),
and the rules of the department as a condition of conducting business in the
state.
(2)
The application of a nonresident under this chapter shall constitute the
appointment of the secretary of state as the applicant's agent upon whom
process may be served in any action or proceeding against the applicant arising
out of a transaction or operation connected with or incidental to the business
of an auctioneer or an auction company.
Sec.
209. RCW
18.11.160 and 1997 c 58 s 814 are each amended to read as follows:
(1)
No license shall be issued by the department to any person who has been
convicted of forgery, embezzlement, obtaining money under false pretenses,
extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful
issuance of checks or drafts, or other similar offense, or to any partnership
of which the person is a member, or to any association or corporation of which
the person is an officer or in which as a stockholder the person has or
exercises a controlling interest either directly or indirectly.
(2)
((The following shall be grounds for denial, suspension, or revocation of a
license, or imposition of an administrative fine by the department:
(a)
Misrepresentation or concealment of material facts in obtaining a license;
(b))) In
addition to the unprofessional conduct described in section 114 of this act,
the director has the authority to take disciplinary action for any of the
following conduct, acts, or conditions:
(a)
Underreporting to the department of sales figures so that the auctioneer or
auction company surety bond is in a lower amount than required by law;
(((c)
Revocation of a license by another state;
(d)
Misleading or false advertising;
(e)
A pattern of substantial misrepresentations related to auctioneering or auction
company business;
(f)
Failure to cooperate with the department in any investigation or disciplinary
action;
(g))) (b)
Nonpayment of an administrative fine prior to renewal of a license((;
(h)
Aiding an unlicensed person to practice as an auctioneer or as an auction
company)); and
(((i)))
(c) Any other violations of this chapter.
(3)
The department shall immediately suspend the license of a person who has been
certified pursuant to RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support order ((or a
residential or visitation order)). If the person has continued to meet all
other requirements for reinstatement during the suspension, reissuance of the
license shall be automatic upon the department's receipt of a release issued by
the department of social and health services stating that the licensee is in
compliance with the order.
Sec.
210. RCW
18.11.180 and 1986 c 324 s 14 are each amended to read as follows:
It
shall be unlawful for a licensed auctioneer or licensed auction company to pay
compensation in money or otherwise to anyone not licensed under this chapter to
render any service or to do any act forbidden under this chapter to be rendered
or performed except by licensees. The department ((shall)) may
fine any person who violates this section five hundred dollars for the first
offense and one thousand dollars for the second or subsequent offense.
Furthermore, the violation of this section by any licensee shall be, in the
discretion of the department, sufficient cause for ((license suspension or
revocation)) taking any actions listed under section 112 of this act.
Sec.
211. RCW
18.11.200 and 1986 c 324 s 16 are each amended to read as follows:
The
director shall adopt rules for the purpose of carrying out and developing this
chapter, including rules governing the conduct of ((investigations and))
inspections ((and the imposition of administrative penalties)).
NEW
SECTION. Sec. 212. A
new section is added to chapter 18.11 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the issuance
and denial of licenses, and the discipline of licensees under this chapter.
Sec.
213. RCW
18.16.030 and 1991 c 324 s 2 are each amended to read as follows:
In
addition to any other duties imposed by law, including sections 104 and 105
of this act, the director shall have the following powers and duties:
(1)
To set all license, examination, and renewal fees in accordance with RCW
43.24.086;
(2)
To adopt rules necessary to implement this chapter;
(3)
((To investigate alleged violations of this chapter and consumer complaints
involving the practice of cosmetology, barbering, esthetics, or manicuring,
schools offering training in these areas, and salons/shops and booth renters
offering these services;
(4)
To issue subpoenas, statements of charges, statements of intent, final orders,
stipulated agreements, and any other legal remedies necessary to enforce this
chapter;
(5)
To issue cease and desist letters and letters of warning for infractions of
this chapter;
(6)
To conduct all disciplinary proceedings, impose sanctions, and assess fines for
violations of this chapter or any rules adopted under it;
(7))) To
prepare and administer or approve the preparation and administration of
licensing examinations;
(((8)))
(4) To establish minimum safety and sanitation standards for schools,
cosmetologists, barbers, manicurists, estheticians, and salons/shops;
(((9)))
(5) To establish minimum instruction guidelines for the training of
students;
(((10)))
(6) To maintain the official department record of applicants and
licensees;
(((11)
To delegate in writing to a designee the authority to issue subpoenas,
statements of charges, and any other documents necessary to enforce this
chapter;
(12))) (7)
To establish by rule the procedures for an appeal of an examination failure;
(((13)
To employ such administrative, investigative, and clerical staff as needed to
implement this chapter;
(14))) (8)
To set license expiration dates and renewal periods for all licenses consistent
with this chapter; and
(((15)))
(9) To make information available to the department of revenue to assist
in collecting taxes from persons required to be licensed under this chapter.
Sec.
214. RCW
18.16.060 and 1991 c 324 s 4 are each amended to read as follows:
(1)
The director ((shall impose a fine of one thousand dollars on)) may
take action under sections 116 and 117 of this act against any person who
does any of the following without first obtaining the license required by this
chapter:
(a)
Except as provided in subsection (2) of this section, commercial practice of
cosmetology, barbering, esthetics, manicuring, or instructing;
(b)
Instructs in a school;
(c)
Operates a school; or
(d)
Operates a salon/shop. Each booth renter shall be considered to be operating
an independent salon/shop and shall obtain a separate salon/shop license.
(2)
A person licensed as a cosmetology instructor-operator may engage in the
commercial practice of cosmetology without maintaining a cosmetologist
license. A person licensed as a barbering instructor-operator may engage in
the commercial practice of barbering without maintaining a barber license. A
person licensed as a manicuring instructor-operator may engage in the
commercial practice of manicuring without maintaining a manicurist license. A
person licensed as an esthetician instructor-operator may engage in the
commercial practice of esthetics without maintaining an esthetician license.
Sec.
215. RCW
18.16.150 and 1997 c 178 s 1 are each amended to read as follows:
Schools
shall be audited and inspected by the director or the director's designee for
compliance with this chapter at least once a year. If the director determines
that a licensed school is not maintaining the standards required according to
this chapter, written notice thereof shall be given to the school. A school
which fails to correct these conditions to the satisfaction of the director
within a reasonable time ((shall)) may be subject to penalties
imposed under ((RCW 18.16.210)) section 112 of this act.
Sec.
216. RCW
18.16.175 and 1997 c 178 s 2 are each amended to read as follows:
(1)
A salon/shop shall meet the following minimum requirements:
(a)
Maintain an outside entrance separate from any rooms used for sleeping or
residential purposes;
(b)
Provide and maintain for the use of its customers adequate toilet facilities
located within or adjacent to the salon/shop;
(c)
Be operated under the direct supervision of a licensed cosmetologist except
that a salon/shop that is limited to barbering may be directly supervised by a
barber, a salon/shop that is limited to manicuring may be directly supervised
by a manicurist, and a salon/shop that is limited to esthetics may be directly
supervised by an esthetician;
(d)
Any room used wholly or in part as a salon/shop shall not be used for
residential purposes, except that toilet facilities may be used jointly for
residential and business purposes;
(e)
Meet the zoning requirements of the county, city, or town, as appropriate;
(f)
Provide for safe storage and labeling of chemicals used in the practice of
cosmetology;
(g)
Meet all applicable local and state fire codes;
(h)
Provide proof that the salon/shop is covered by a public liability insurance
policy in an amount not less than one hundred thousand dollars for combined
bodily injury and property damage liability; and
(i)
Other requirements which the director determines are necessary for safety and
sanitation of salons/shops. The director may consult with the state board of
health and the department of labor and industries in establishing minimum
salon/shop safety requirements.
(2)
A salon/shop shall post the notice to customers described in RCW 18.16.180.
(3)
Upon receipt of a written complaint that a salon/shop has violated any
provisions of this chapter, chapter 18.--- RCW (sections 101 through 124 of
this act), or the rules adopted under ((this)) either chapter,
or at least once every two years, the director or the director's designee shall
inspect each salon/shop. If the director determines that any salon/shop is not
in compliance with this chapter, the director shall send written notice to the
salon/shop. A salon/shop which fails to correct the conditions to the
satisfaction of the director within a reasonable time shall, upon due notice,
be subject to the penalties imposed by the director under ((RCW 18.16.210))
section 112 of this act. The director may enter any salon/shop during
business hours for the purpose of inspection. The director may contract with
health authorities of local governments to conduct the inspections under this
subsection.
(4)
A salon/shop, including a salon/shop operated by a booth renter, shall obtain a
certificate of registration from the department of revenue.
(5)
This section does not prohibit the use of motor homes as mobile salon/shops if
the motor home meets the health and safety standards of this section.
Sec.
217. RCW
18.16.200 and 1991 c 324 s 14 are each amended to read as follows:
Any
applicant or licensee under this chapter may be subject to disciplinary action
by the director if the licensee or applicant:
(1)
((Has been found guilty of a crime related to the practice of cosmetology,
barbering, esthetics, manicuring, or instructing;
(2)
Has made a material misstatement or omission in connection with an original
application or renewal;
(3)
Has engaged in false or misleading advertising;
(4)
Has performed services in an unsafe or unsanitary manner;
(5)
Has aided and abetted unlicensed activity;
(6))) Has
engaged in the commercial practice of cosmetology, barbering, manicuring,
esthetics, or instructed in or operated a school without first obtaining the
license required by this chapter;
(((7)))
(2) Has engaged in the commercial practice of cosmetology in a school;
(((8)))
(3) Has not provided a safe, sanitary, and good moral environment for
students and the public((;
(9)
Has not provided records as required by this chapter;
(10)
Has not cooperated with the department in supplying records or assisting in an
investigation or disciplinary procedure)); or
(((11)))
(4) Has violated any provision of this chapter or any rule adopted under
it.
NEW
SECTION. Sec. 218. A
new section is added to chapter 18.16 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
219. RCW
18.39.300 and 1989 c 390 s 7 are each amended to read as follows:
In
addition to the grounds for action set forth in ((RCW 18.130.170 and
18.130.180)) section 114 of this act, the board may take the
disciplinary action set forth in ((RCW 18.130.160)) section 112 of
this act against the funeral establishment's license, the license of any
funeral director and/or the funeral establishment's certificate of
registration, if the licensee or registrant:
(1)
Fails to comply with any provisions of this chapter((, chapter 18.130 RCW,))
or any proper order or regulation of the board;
(2)
Is found by the board to be in such condition that further execution of
prearrangement contracts could be hazardous to purchasers or beneficiaries and
the people of this state;
(3)
Refuses to be examined, or refuses to submit to examination by the board when
required;
(4)
Fails to pay the expense of an examination; or
(5)
Is found by the board after investigation or receipt of reliable information to
be managed by persons who are incompetent or untrustworthy or so lacking in
managerial experience as to make the proposed or continued execution or
servicing of prearrangement funeral service contracts hazardous to purchasers,
beneficiaries, or to the public.
Sec.
220. RCW
18.39.350 and 1989 c 390 s 11 are each amended to read as follows:
Any
person who violates or fails to comply with, or aids or abets any person in the
violation of, or failure to comply with any of the provisions of this chapter
is guilty of a class C felony pursuant to chapter 9A.20 RCW. Any such violation
constitutes an unfair practice under chapter 19.86 RCW and this chapter and
conviction thereunder is grounds for license revocation under this chapter and
section 112 of this act. Retail installment contracts under this chapter
shall be governed by chapter 63.14 RCW.
Sec.
221. RCW
18.39.410 and 1994 c 17 s 3 are each amended to read as follows:
((The
following shall constitute unprofessional conduct)) In addition to the
unprofessional conduct described in section 114 of this act, the board may take
disciplinary action and may impose any of the sanctions specified in section
112 of this act for the following conduct, acts, or conditions:
(1)
Solicitation of dead human bodies by a licensee, registrant, endorsement, or
permit holder, or agent, assistant, or employee of the licensee, registrant,
endorsement, or permit holder whether the solicitation occurs after death or
while death is impending. This chapter does not prohibit general advertising
or the sale of prearrangement funeral service contracts;
(2)
Solicitation may include employment of solicitors, payment of commission,
bonus, rebate, or any form of gratuity or payment of a finders fee, referral
fee, or other consideration given for the purpose of obtaining or providing the
services for a dead human body or where death is impending;
(3)
Acceptance by a licensee, registrant, endorsement, or permit holder or other
employee of a funeral establishment of a commission, bonus, rebate, or gratuity
in consideration of directing business to a cemetery, crematory, mausoleum,
columbarium, florist, or other person providing goods and services to the
disposition of dead human bodies;
(4)
Using a casket or part of a casket that has previously been used as a
receptacle for, or in connection with, the burial or other disposition of a
dead human body without the written consent of the person lawfully entitled to
control the disposition of remains of the deceased person in accordance with
RCW 68.50.160. This subsection does not prohibit the use of rental caskets,
such as caskets of which the outer shell portion is rented and the inner insert
that contains the dead human body is purchased and used for the disposition,
that are disclosed as such in the statement of funeral goods and services;
(5)
Violation of a state law, municipal law, or county ordinance or regulation
affecting the handling, custody, care, transportation, or disposition of dead
human bodies;
(6)
Refusing to promptly surrender the custody of a dead human body upon the expressed
order of the person lawfully entitled to its custody under RCW 68.50.160;
(7)
Selling, or offering for sale, a share, certificate, or an interest in the
business of a funeral establishment, or in a corporation, firm, or association
owning or operating a funeral establishment that promises or purports to give
to purchasers a right to the services of a licensee, registrant, endorsement,
or permit holder at a charge or cost less than offered or given to the public;
(8)
((The commission of an act involving moral turpitude, dishonesty, or
corruption relating to the practice of the funeral profession whether or not
the act constitutes a crime. If the act constitutes a crime, conviction in a
criminal proceeding is not a condition precedent to disciplinary action. Upon
such a conviction, however, the judgment and sentence is conclusive evidence at
the ensuing disciplinary hearing of the guilt of the license, registration,
endorsement, or permit 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 purpose of this section, conviction includes all
instances in which a plea of guilty or nolo contendere is the basis for the
conviction in all proceedings in which the sentence has been deferred or
suspended. This section does not abrogate rights guaranteed under chapter
9.96A RCW;
(9)
Misrepresentation or concealment of a material fact in obtaining a license,
registration, endorsement, or permit or in reinstatement thereof;
(10)
All advertising that is false, fraudulent, or misleading;
(11)
Suspension or revocation or restriction of the individual's license,
registration, endorsement, or permit to practice the profession by competent
authority in any state, federal, or foreign jurisdiction, a certified copy of
the order, stipulation, or agreement being conclusive evidence of the
revocation, suspension, or restriction;
(12)))
Violation of any state or federal statute or administrative ruling relating to
funeral practice;
(((13)
Failure to cooperate with the board by:
(a)
Not furnishing any papers or documents;
(b)
Not furnishing in writing a full and complete explanation covering the matters
contained in a complaint filed with the board; or
(c)
Not responding to subpoenas issued by the board whether or not the recipient of
the subpoena is the accused in the proceeding;
(14)
Failure to comply with an order issued by the board or an assurance of
discontinuance entered into with the board;
(15)
Aiding or abetting an unlicensed or unregistered person to practice where a
license, registration, endorsement, or permit is required;
(16)
Misrepresentation or fraud in any aspect of the conduct of funeral practice;
(17)
Conviction of a gross misdemeanor or felony relating to this title. For the
purpose 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. This section does not
abrogate rights guaranteed under chapter 9.96A RCW;
(18)
Interference with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the board or its authorized representative or
the inspector, or by the use of threats or harassment against a witness to
prevent that witness from providing evidence in a disciplinary hearing or other
legal action;
(19)
Diminished capacity or habitual intemperance in the use of alcohol, controlled
substances, or prescribed drugs that impairs, interferes, or otherwise prevents
the proper performance of licensed, registered, endorsed, or permitted duties
or functions;
(20))) (9)
Knowingly concealing information concerning a violation of this title((;
(21)
Incompetence or negligence as a licensee, registrant, endorsement, or permit
holder in carrying out the duties of the profession)).
Sec.
222. RCW
18.39.530 and 1994 c 17 s 15 are each amended to read as follows:
(((1)
The director shall investigate a complaint concerning practice by an unlicensed
person for which a license, registration, endorsement, or permit is required
under this chapter. The director shall issue a cease and desist order to a
person after notice and hearing and upon a determination that the person has
violated this subsection. 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 cease and
desist order does not relieve the person practicing or operating a business
without a license, registration, permit, or registration from criminal
prosecution for the unauthorized practice or operation, but the remedy of a
cease and desist order is in addition to criminal liability. The cease and
desist order is conclusive proof of unlicensed practice and may be enforced by
civil contempt. This method of enforcement of the cease and desist order may
be used in addition to, or as an alternative to, provisions for enforcement or
agency orders under chapter 34.05 RCW.
(2)
The attorney general, a county prosecuting attorney, the director, the board,
or a person may, in accordance with the laws of this state governing
injunctions, maintain an action in the name of this state to enjoin a person
practicing a profession or business for which a license, registration,
endorsement, or permit is required under this chapter without a license,
registration, endorsement, or permit from engaging in the practice or operation
of the business until the required license, registration, endorsement, or
permit is secured. However, the injunction does not relieve the person so
practicing or operating a business without a license, registration,
endorsement, or permit from criminal prosecution for the unauthorized practice
or operation, but the remedy by injunction is in addition to criminal
liability.
(3)))
Unlicensed practice of a profession or operation of a business for which a
license, registration, endorsement, or permit is required under this chapter,
unless otherwise exempted by law, is a gross misdemeanor. Fees, fines,
forfeitures, and penalties collected or assessed by a court because of a
violation of this section must be remitted to the board.
NEW
SECTION. Sec. 223. A
new section is added to chapter 18.39 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
224. RCW
18.43.035 and 1997 c 247 s 2 are each amended to read as follows:
The
board may adopt and amend bylaws establishing its organization and method of
operation, including but not limited to meetings, maintenance of books and
records, publication of reports, code of ethics, and rosters, and adoption and
use of a seal. Four members of the board shall constitute a quorum for the
conduct of any business of the board. The board may employ such persons as are
necessary to carry out its duties under this chapter. It may adopt rules
reasonably necessary to administer the provisions of this chapter. ((It may
conduct investigations concerning alleged violations of this chapter or the
rules adopted by the board. In making such investigations and in all
proceedings under RCW 18.43.110, the chairman of the board or any member of the
board acting in his place may administer oaths or affirmations to witnesses
appearing before the board, subpoena witnesses and compel their attendance, and
require the production of books, records, papers and documents. If any person
shall refuse to obey any subpoena so issued, or shall refuse to testify or
produce any books, records, papers or documents so required to be produced, the
board may present its petition to the superior court of the county in which
such person resides, setting forth the facts, and thereupon the court shall, in
any proper case, enter a suitable order compelling compliance with this chapter
and imposing such other terms and conditions as the court may deem equitable.))
The board shall submit to the governor such periodic reports as may be
required. A roster, showing the names and places of business of all registered
professional engineers and land surveyors may be published for distribution,
upon request, to professional engineers and land surveyors registered under
this chapter and to the public.
Sec.
225. RCW
18.43.105 and 1961 c 142 s 4 are each amended to read as follows:
((As
used in this chapter "misconduct or malpractice in the practice of
engineering" shall include but not be limited to the following)) In
addition to the unprofessional conduct described in section 114 of this act,
the board may take disciplinary action for the following conduct, acts, or
conditions:
(1)
Offering to pay, paying or accepting, either directly or indirectly, any
substantial gift, bribe, or other consideration to influence the award of
professional work;
(2)
Being willfully untruthful or deceptive in any professional report,
statement or testimony;
(3)
Attempting to injure falsely or maliciously, directly or indirectly, the
professional reputation, prospects or business of anyone;
(4)
Failure to state separately or to charge separately for professional
engineering services or land surveying where other services or work are also
being performed in connection with the engineering services;
(5)
((Conviction in any court of any offense involving moral turpitude;
(6)))
Violation of any provisions of this chapter;
(((7)))
(6) Conflict of interest‑-Having a financial interest in bidding
for or performance of a contract to supply labor or materials for or to
construct a project for which employed or retained as an engineer except with
the consent of the client or employer after disclosure of such facts; or
allowing an interest in any business to affect a decision regarding engineering
work for which retained, employed, or called upon to perform;
(((8)))
(7) Nondisclosure‑-Failure to promptly disclose to a client or
employer any interest in a business which may compete with or affect the
business of the client or employer;
(((9)))
(8) Unfair competition‑-Reducing a fee quoted for prospective
employment or retainer as an engineer after being informed of the fee quoted by
another engineer for the same employment or retainer;
(((10)))
(9) Improper advertising‑-Soliciting retainer or employment by
advertisement which is undignified, self-laudatory, false or misleading, or
which makes or invites comparison between the advertiser and other engineers;
(((11)))
(10) Committing any other act, or failing to act, which act or failure
are customarily regarded as being contrary to the accepted professional conduct
or standard generally expected of those practicing professional engineering or
land surveying.
Sec.
226. RCW
18.43.110 and 1997 c 247 s 3 are each amended to read as follows:
The
board shall have the exclusive power to ((fine and reprimand)) discipline
the registrant and ((suspend or revoke)) sanction the certificate
of registration of any registrant ((who is found guilty of:
The
practice of any fraud or deceit in obtaining a certificate of registration; or
Any
gross negligence, incompetency, or misconduct in the practice of engineering or
land surveying as a registered engineer or land surveyor)).
Any
person may ((prefer)) file a complaint alleging ((fraud,
deceit, gross negligence, incompetency, or misconduct)) unprofessional
conduct, as set out in section 114 of this act and RCW 18.43.105, against
any registrant ((and)). The complaint shall be in writing and
shall be sworn to in writing by the person making the allegation. A registrant
against whom a complaint was made must be immediately informed of such
complaint by the board.
((All
procedures related to hearings on such charges shall be in accordance with
provisions relating to adjudicative proceedings in chapter 34.05 RCW, the
Administrative Procedure Act.
If,
after such hearing, a majority of the board vote in favor of finding the
violations had occurred, the board shall revoke or suspend the certificate of
registration of such registered professional engineer or land surveyor.))
The
board, for reasons it deems sufficient, may reissue a certificate of
registration to any person whose certificate has been revoked or suspended,
providing a majority of the board vote in favor of such issuance. A new
certificate of registration to replace any certificate revoked, lost,
destroyed, or mutilated may be issued, subject to the rules of the board, and a
charge determined by the director as provided in RCW 43.24.086 shall be made
for such issuance.
((Any
person who shall feel aggrieved by any action of the board in denying or
revoking his certificate of registration may appeal therefrom to the superior
court of the county in which such person resides, and after full hearing, said
court shall make such decree sustaining or revoking the action of the board as
it may deem just and proper.
Fines
imposed by the board shall not exceed one thousand dollars for each offense.))
In addition to the imposition of ((civil penalties under this
section)) disciplinary action under section 112 of this act, the
board may refer violations of this chapter to the appropriate prosecuting
attorney for charges under RCW 18.43.120.
Sec.
227. RCW
18.43.130 and 1997 c 247 s 4 are each amended to read as follows:
This
chapter shall not be construed to prevent or affect:
(1)
The practice of any other legally recognized profession or trade; or
(2)
The practice of a person not a resident and having no established place of
business in this state, practicing or offering to practice herein the
profession of engineering or land surveying, when such practice does not exceed
in the aggregate more than thirty days in any calendar year: PROVIDED, Such
person has been determined by the board to be legally qualified by registration
to practice the said profession in his or her own state or country in which the
requirements and qualifications for obtaining a certificate of registration are
not lower than those specified in this chapter. The person shall request such
a determination by completing an application prescribed by the board and
accompanied by a fee determined by the director. Upon approval of the
application, the board shall issue a permit authorizing temporary practice; or
(3)
The practice of a person not a resident and having no established place of
business in this state, or who has recently become a resident thereof,
practicing or offering to practice herein for more than thirty days in any
calendar year the profession of engineering or land surveying, if he or she
shall have filed with the board an application for a certificate of
registration and shall have paid the fee required by this chapter: PROVIDED,
That such person is legally qualified by registration to practice engineering
or land surveying in his or her own state or country in which the requirements
and qualifications of obtaining a certificate of registration are not lower
than those specified in this chapter. Such practice shall continue only for
such time as the board requires for the consideration of the application for
registration; or
(4)
The work of an employee or a subordinate of a person holding a certificate of
registration under this chapter, or an employee of a person practicing lawfully
under provisions of this section: PROVIDED, That such work does not include
final design or decisions and is done under the direct responsibility,
checking, and supervision of a person holding a certificate of registration
under this chapter or a person practicing lawfully under the provisions of this
section; or
(5)
The work of a person rendering engineering or land surveying services to a
corporation, as an employee of such corporation, when such services are
rendered in carrying on the general business of the corporation and such
general business does not consist, either wholly or in part, of the rendering
of engineering services to the general public: PROVIDED, That such corporation
employs at least one person holding a certificate of registration under this
chapter or practicing lawfully under the provisions of this chapter; or
(6)
The practice of officers or employees of the government of the United States
while engaged within the state in the practice of the profession of engineering
or land surveying for the government of the United States; or
(7)
Nonresident engineers employed for the purpose of making engineering
examinations; or
(8)
The practice of engineering or land surveying, or both, in this state by a
corporation or joint stock association: PROVIDED, That
(a)
The corporation has filed with the board an application for certificate of
authorization upon a form to be prescribed by the board and containing
information required to enable the board to determine whether such corporation
is qualified in accordance with this chapter to practice engineering or land
surveying, or both, in this state;
(b)
For engineering, the corporation has filed with the board a certified copy of a
resolution of the board of directors of the corporation that shall designate a
person holding a certificate of registration under this chapter as responsible
for the practice of engineering by the corporation in this state and shall
provide that full authority to make all final engineering decisions on behalf
of the corporation with respect to work performed by the corporation in this
state shall be granted and delegated by the board of directors to the person so
designated in the resolution. For land surveying, the corporation has filed
with the board a certified copy of a resolution of the board of directors of
the corporation which shall designate a person holding a certificate of
registration under this chapter as responsible for the practice of land
surveying by the corporation in this state and shall provide full authority to
make all final land surveying decisions on behalf of the corporation with
respect to work performed by the corporation in this state be granted and
delegated by the board of directors to the person so designated in the
resolution. If a corporation offers both engineering and land surveying services,
the board of directors shall designate both a licensed engineer and a licensed
land surveyor. If a person is licensed in both engineering and land surveying,
the person may be designated for both professions. The resolution shall
further state that the bylaws of the corporation shall be amended to include
the following provision: "The designated engineer or land surveyor,
respectively, named in the resolution as being in responsible charge, or an
engineer or land surveyor under the designated engineer or land surveyor's
direct supervision, shall make all engineering or land surveying decisions
pertaining to engineering or land surveying activities in the state of
Washington." However, the filing of the resolution shall not relieve the
corporation of any responsibility or liability imposed upon it by law or by
contract;
(c)
If there is a change in the designated engineer or designated land surveyor,
the corporation shall notify the board in writing within thirty days after the
effective date of the change. If the corporation changes its name, the
corporation shall submit a copy of its amended certificate of authority or
amended certificate of incorporation as filed with the secretary of state
within thirty days of the filing;
(d)
Upon the filing with the board the application for certificate for
authorization, certified copy of resolution and an affidavit, the designation
of a designated engineer or designated land surveyor, or both, specified in (b)
of this subsection, a certificate of incorporation or certificate of
authorization as filed with the secretary of state, and a copy of the
corporation's current Washington business license, the board shall issue to the
corporation a certificate of authorization to practice engineering or land
surveying, or both, in this state upon a determination by the board that:
(i)
The designated engineer or designated land surveyor, or both, hold a
certificate of registration in this state in accordance with this chapter and
the certificate is in force;
(ii)
The designated engineer or designated land surveyor, or both, are not
designated in responsible charge for another corporation or a limited liability
company; and
(iii)
The corporation is licensed with the secretary of state and holds a current
unified business identification number and the board determines, based on
evaluating the findings and information in this section, that the applicant
corporation possesses the ability and competence to furnish engineering or land
surveying services, or both, in the public interest.
The
board may exercise its discretion to ((refuse to issue or it may suspend or
revoke)) take any of the actions under section 112 of this act with
respect to a certificate of authorization issued to a corporation if the
board finds that any of the officers, directors, incorporators, or the
stockholders holding a majority of stock of such corporation has ((committed
misconduct or malpractice)) engaged in unprofessional conduct as
defined in RCW 18.43.105 or section 114 of this act or has been found
personally responsible for ((misconduct or malpractice)) unprofessional
conduct under (f) and (g) of this subsection.
(e)
Engineers or land surveyors organized as a professional service corporation
under chapter 18.100 RCW are exempt from applying for a certificate of
authorization under this chapter.
(f)
Any corporation authorized to practice engineering under this chapter, together
with its directors and officers for their own individual acts, are responsible
to the same degree as an individual registered engineer, and must conduct its
business without ((misconduct or malpractice)) unprofessional conduct
in the practice of engineering as defined in this chapter and section 114 of
this act.
(g)
Any corporation that is certified under this chapter is subject to the
authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, ((and))
18.43.120, and chapter 18.--- RCW (sections 101 through 124 of this act).
(h)
All plans, specifications, designs, and reports when issued in connection with
work performed by a corporation under its certificate of authorization shall be
prepared by or under the direct supervision of and shall be signed by and shall
be stamped with the official seal of a person holding a certificate of
registration under this chapter.
(i)
For each certificate of authorization issued under this subsection (8) there
shall be paid an initial fee determined by the director as provided in RCW
43.24.086 and an annual renewal fee determined by the director as provided in
RCW 43.24.086.
(9)
The practice of engineering and/or land surveying in this state by a
partnership if the partnership employs at least one person holding a valid
certificate of registration under this chapter to practice engineering or land
surveying, or both. The board shall not issue certificates of authorization to
partnerships after July 1, 1998. Partnerships currently registered with the
board are not required to pay an annual renewal fee after July 1, 1998.
(10)
The practice of engineering or land surveying, or both, in this state by
limited liability companies: Provided, That
(a)
The limited liability company has filed with the board an application for
certificate of authorization upon a form to be prescribed by the board and
containing information required to enable the board to determine whether the
limited liability company is qualified under this chapter to practice either or
both engineering or land surveying in this state.
(b)
The limited liability company has filed with the board a certified copy of a
resolution by the company manager or managers that shall designate a person
holding a certificate of registration under this chapter as being responsible
for the practice of engineering or land surveying, or both, by the limited
liability company in this state and that the designated person has full
authority to make all final engineering or land surveying decisions on behalf
of the limited liability company with respect to work performed by the limited
liability company in this state. The resolution shall further state that the
limited liability company agreement shall be amended to include the following
provision: "The designated engineer or land surveyor, respectively, named
in the resolution as being in responsible charge, or an engineer or land
surveyor under the designated engineer or land surveyor's direct supervision,
shall make all engineering or land surveying decisions pertaining to
engineering or land surveying activities in the state of Washington."
However, the filing of the resolution shall not relieve the limited liability
company of responsibility or liability imposed upon it by law or by contract.
(c)
The designated engineer for the limited liability company must hold a current
professional engineer license issued by this state.
The
designated land surveyor for the limited liability company must hold a current
professional land surveyor license issued by this state.
If
a person is licensed as both a professional engineer and as a professional land
surveyor in this state, then the limited liability company may designate the
person as being in responsible charge for both professions.
If
there is a change in the designated engineer or designated land surveyor, the
limited liability company shall notify the board in writing within thirty days
after the effective date of the change. If the limited liability company
changes its name, the company shall submit to the board a copy of the
certificate of amendment filed with the secretary of state's office.
(d)
Upon the filing with the board the application for certificate of
authorization, a certified copy of the resolution, an affidavit from the
designated engineer or the designated land surveyor, or both, specified in (b)
and (c) of this subsection, a copy of the certificate of formation as filed
with the secretary of state, and a copy of the company's current business
license, the board shall issue to the limited liability company a certificate
of authorization to practice engineering or land surveying, or both, in this
state upon determination by the board that:
(i)
The designated engineer or designated land surveyor, or both, hold a
certificate of registration in this state under this chapter and the
certificate is in force;
(ii)
The designated engineer or designated land surveyor, or both, are not
designated in responsible charge for another limited liability company or a
corporation;
(iii)
The limited liability company is licensed with the secretary of state and has a
current unified business identification number and that the board determines,
based on evaluating the findings and information under this subsection, that
the applicant limited liability company possesses the ability and competence to
furnish either or both engineering or land surveying services in the public interest.
The
board may exercise its discretion to ((refuse to issue, or it may suspend or
revoke)) take any of the actions under section 112 of this act with
respect to a certificate of authorization issued to a limited liability
company if the board finds that any of the managers or members holding a
majority interest in the limited liability company has ((committed
misconduct or malpractice)) engaged in unprofessional conduct as
defined in RCW 18.43.105 or section 114 of this act or has been found
personally responsible for ((misconduct or malpractice)) unprofessional
conduct under the provisions of (f) and (g) of this subsection.
(e)
Engineers or land surveyors organized as a professional limited liability
company are exempt from applying for a certificate of authorization under this
chapter.
(f)
Any limited liability company authorized to practice engineering or land
surveying, or both, under this chapter, together with its manager or managers
and members for their own individual acts, are responsible to the same degree
as an individual registered engineer or registered land surveyor, and must
conduct their business without ((misconduct or malpractice)) unprofessional
conduct in the practice of engineering or land surveying, or both.
(g)
A limited liability company that is certified under this chapter is subject to
the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110,
((and)) 18.43.120, and chapter 18.--- RCW (sections 101 through 124
of this act).
(h)
All plans, specifications, designs, and reports when issued in connection with
work performed by a limited liability company under its certificate of
authorization shall be prepared by or under the direct supervision of and shall
be signed by and shall be stamped with the official seal of a person holding a
certificate of registration under this chapter.
(i)
For each certificate of authorization issued under this subsection (10) there
shall be paid an initial fee determined by the director as provided in RCW
43.24.086 and an annual renewal fee determined by the director as provided in
RCW 43.24.086.
NEW
SECTION. Sec. 228. A
new section is added to chapter 18.43 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
229. RCW
18.85.040 and 1992 c 92 s 1 are each amended to read as follows:
(1)
The director, with the advice and approval of the commission, may issue rules
and regulations to govern the activities of real estate brokers, associate real
estate brokers and salespersons, consistent with this chapter and chapter
18.--- RCW (sections 101 through 124 of this act), fix the times and places
for holding examinations of applicants for licenses and prescribe the method of
conducting them.
(2)
The director shall enforce all laws, rules, and regulations relating to
the licensing of real estate brokers, associate real estate brokers, and
salespersons, grant or deny licenses to real estate brokers, associate real
estate brokers, and salespersons, and hold hearings. ((The director may
impose any one or more of the following sanctions: Suspend or revoke licenses,
deny applications for licenses, fine violators, or require the completion of a
course in a selected aspect of real estate practice relevant to the provision
of this chapter or rule violated. The director may deny, suspend or revoke the
authority of a broker to act as the designated broker of persons who commit
violations of the real estate license law or of the rules and regulations.))
(3)
The director shall establish by rule standards for licensure of applicants
licensed in other jurisdictions.
(4)
The director shall institute a program of real estate education including, but
not limited to, instituting a program of education at institutions of higher
education in Washington. The overall program shall include establishing
minimum levels of ongoing education for licensees relating to the practice of
real estate by real estate brokers and salespersons under this chapter. The
program may also include the development or implementation of curricula
courses, educational materials, or approaches to education relating to real
estate when required, approved, or certified for continuing education credit.
The director may enter into contracts with other persons or entities, whether
publicly or privately owned or operated, to assist in developing or
implementing the real estate education program.
(5)
The director shall charge a fee, as prescribed by the director by rule, for the
certification of courses of instruction, instructors, and schools.
Sec.
230. RCW
18.85.230 and 1999 c 46 s 1 are each amended to read as follows:
((The
director may, upon his or her own motion, and shall upon verified complaint in
writing by any person, investigate the actions of)) In addition to the
unprofessional conduct described in section 114 of this act, the director may
take disciplinary action against any person engaged in the business or
acting in the capacity of a real estate broker, associate real estate broker,
or real estate salesperson, regardless of whether the transaction was for his
or her own account or in his or her capacity as broker, associate real estate
broker, or real estate salesperson, and may impose any ((one or more of the
following sanctions: Suspend or revoke, levy a fine not to exceed one thousand
dollars for each offense, require the completion of a course in a selected area
of real estate practice relevant to the section of this chapter or rule
violated, or deny the license)) of the sanctions specified in section
112 of this act for any holder or applicant who is guilty of:
(1)
((Obtaining a license by means of fraud, misrepresentation, concealment, or
through the mistake or inadvertence of the director;
(2)))
Violating any of the provisions of this chapter or any lawful rules or
regulations made by the director pursuant thereto or violating a provision of
chapter 64.36, 19.105, or 58.19 RCW or RCW 18.86.030 or the rules adopted under
those chapters or section;
(((3)
Being convicted in a court of competent jurisdiction of this or any other
state, or federal court, of forgery, embezzlement, obtaining money under false
pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar
offense or offenses: PROVIDED, That for the purposes of this section being
convicted shall include 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;
(4))) (2)
Making, printing, publishing, distributing, or causing, authorizing, or
knowingly permitting the making, printing, publication or distribution of false
statements, descriptions or promises of such character as to reasonably induce
any person to act thereon, if the statements, descriptions, or promises
purport to be made or to be performed by either the licensee or his or her
principal and the licensee then knew or, by the exercise of reasonable care and
inquiry, could have known, of the falsity of the statements, descriptions or
promises;
(((5)))
(3) Knowingly committing, or being a party to, any material fraud,
misrepresentation, concealment, conspiracy, collusion, trick, scheme, or
device whereby any other person lawfully relies upon the word, representation
or conduct of the licensee;
(((6)))
(4) Accepting the services of, or continuing in a representative
capacity, any associate broker or salesperson who has not been granted a
license, or after his or her license has been revoked or during a suspension
thereof;
(((7)))
(5) Conversion of any money, contract, deed, note, mortgage, or abstract
or other evidence of title, to his or her own use or to the use of his or her
principal or of any other person, when delivered to him or her in trust or on
condition, in violation of the trust or before the happening of the condition;
and failure to return any money or contract, deed, note, mortgage, abstract,
or other evidence of title within thirty days after the owner thereof is
entitled thereto, and makes demand therefor, shall be prima facie evidence of
such conversion;
(((8)))
(6) Failing, upon demand, to disclose any information within his or her
knowledge to, or to produce any document, book or record in his or her
possession for inspection of the director or his or her authorized
representatives acting by authority of law;
(((9)))
(7) Continuing to sell any real estate, or operating according to a plan
of selling, whereby the interests of the public are endangered, after the
director has, by order in writing, stated objections thereto;
(((10)
Committing any act of fraudulent or dishonest dealing or a crime involving
moral turpitude, and a certified copy of the final holding of any court of
competent jurisdiction in such matter shall be conclusive evidence in any
hearing under this chapter. 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;
(11))) (8)
Advertising in any manner without affixing the broker's name as licensed, and
in the case of a salesperson or associate broker, without affixing the name of
the broker as licensed for whom or under whom the salesperson or associate
broker operates, to the advertisement; except, that a real estate broker,
associate real estate broker, or real estate salesperson advertising their
personally owned real property must only disclose that they hold a real estate
license;
(((12)))
(9) Accepting other than cash or its equivalent as earnest money unless
that fact is communicated to the owner prior to his or her acceptance of the
offer to purchase, and such fact is shown in the earnest money receipt;
(((13)))
(10) Charging or accepting compensation from more than one party in any
one transaction without first making full disclosure in writing of all the
facts to all the parties interested in the transaction;
(((14)))
(11) Accepting, taking, or charging any undisclosed commission, rebate,
or direct profit on expenditures made for the principal;
(((15)))
(12) Accepting employment or compensation for appraisal of real property
contingent upon reporting a predetermined value;
(((16)))
(13) Issuing an appraisal report on any real property in which the
broker, associate broker, or salesperson has an interest unless his or her
interest is clearly stated in the appraisal report;
(((17)))
(14) Misrepresentation of his or her membership in any state or national
real estate association;
(((18)))
(15) Discrimination against any person in hiring or in sales activity,
on the basis of any of the provisions of any state or federal
antidiscrimination law;
(((19)))
(16) Failing to keep an escrow or trustee account of funds deposited
with him or her relating to a real estate transaction, for a period of three
years, showing to whom paid, and such other pertinent information as the
director may require, such records to be available to the director, or his or
her representatives, on demand, or upon written notice given to the bank;
(((20)))
(17) Failing to preserve for three years following its consummation
records relating to any real estate transaction;
(((21)))
(18) Failing to furnish a copy of any listing, sale, lease or other
contract relevant to a real estate transaction to all signatories thereof at
the time of execution;
(((22)))
(19) Acceptance by a branch manager, associate broker, or salesperson of
a commission or any valuable consideration for the performance of any acts
specified in this chapter, from any person, except the licensed real estate
broker with whom he or she is licensed;
(((23)))
(20) To direct any transaction involving his or her principal, to any
lending institution for financing or to any escrow company, in expectation of
receiving a kickback or rebate therefrom, without first disclosing such
expectation to his or her principal;
(((24)))
(21) Buying, selling, or leasing directly, or through a third party, any
interest in real property without disclosing in writing that he or she holds a
real estate license;
(((25)))
(22) In the case of a broker licensee, failing to exercise adequate
supervision over the activities of his or her licensed associate brokers and
salespersons within the scope of this chapter;
(((26)))
(23) Any conduct in a real estate transaction which demonstrates bad
faith, dishonesty, untrustworthiness, or incompetency;
(((27)))
(24) Acting as a vehicle dealer, as defined in RCW 46.70.011, without
having a license to do so; or
(((28)))
(25) Failing to ((assure)) ensure that the title is
transferred under chapter 46.12 RCW when engaging in a transaction involving a
mobile home as a broker, associate broker, or salesperson((; or
(29) Violation of an order to cease and desist which is issued by
the director under this chapter)).
Sec.
231. RCW
18.85.261 and 1987 c 332 s 12 are each amended to read as follows:
((If
the licensed person or applicant accused does not appear at the time and place
appointed for the hearing in person or by counsel, the hearing officer may
proceed and determine the facts of the accusation in his or her absence. The
proceedings may be conducted at places within the state convenient to all
persons concerned as determined by the director, and may be adjourned from day
to day or for longer periods.)) The hearing officer shall cause a
transcript of all such proceedings to be kept by a reporter and shall upon
request after completion thereof, furnish a copy of such transcript to the
licensed person or applicant accused in such proceedings at the expense of the
licensee or applicant. The hearing officer shall certify the transcript of
proceedings to be true and correct. If the director finds that the statement
or accusation is not proved by a fair preponderance of evidence, the director
shall notify the licensee or applicant and the person making the accusation and
shall dismiss the case.
Sec.
232. RCW
18.85.271 and 1989 c 175 s 66 are each amended to read as follows:
If
the director ((shall)) decides, after such hearing, that the
evidence supports the accusation by a preponderance of evidence, the director
may impose sanctions authorized under RCW 18.85.040. In such event the
director shall enter an order to that effect and shall file the same in his or
her office and immediately mail a copy ((thereof)) to the affected party
at the address of record with the department. ((Such order shall not be
operative for a period of ten days from the date thereof. Any licensee or
applicant aggrieved by a final decision by the director in an adjudicative
proceeding, whether such decision is affirmative or negative in form, is
entitled to a judicial review in the superior court under the provisions of the
Administrative Procedure Act, chapter 34.05 RCW.)) Upon instituting appeal
in the superior court, the appellant shall give a cash bond to the state of
Washington, which bond shall be filed with the clerk of the court, in the sum
of five hundred dollars to be approved by the judge of said court, conditioned
to pay all costs that may be awarded against such appellant in the event of an
adverse decision, such bond and notice to be filed within thirty days from the
date of the director's decision.
NEW
SECTION. Sec. 233. A
new section is added to chapter 18.85 RCW to read as follows:
The uniform regulation of business and professions act, chapter
18.--- RCW (sections 101 through 124 of this act), governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
234. RCW
18.96.060 and 1969 ex.s. c 158 s 6 are each amended to read as follows:
The
board shall adopt rules for its own organization and procedure and such other
rules as it may deem necessary to the proper performance of its duties. Three
members of the board shall constitute a quorum for the conduct of any business
of the board.
The
board may conduct hearings concerning alleged violations of the provisions of
this chapter. ((In conducting such hearings the chairman of the board, or
any member of the board acting in his place, may administer oaths or
affirmations to witnesses appearing before the board, subpoena witnesses and
compel their attendance, and require the production of books, records, papers
and documents. If any person shall refuse to obey any subpoena so issued, or
shall refuse to testify or to produce any books, records, papers or documents so
required to be produced, the board may present its petition to the superior
court of the county in which such person resides, setting forth the facts, and
thereupon the court shall, in any proper case, enter a suitable order
compelling compliance with the provisions of this chapter and imposing such
other terms and conditions as the court may deem equitable.))
Sec.
235. RCW
18.96.120 and 1997 c 58 s 827 are each amended to read as follows:
(1)
((The director may refuse to renew, or may suspend or revoke, a certificate
of registration to use the titles landscape architect, landscape architecture,
or landscape architectural in this state upon the following grounds)) In
addition to the conduct, acts, or conditions set out in section 114 of this
act, the following constitute unprofessional conduct for which the director may
impose discipline upon any license holder or applicant under the jurisdiction
of this chapter:
(a)
The holder of the certificate of registration is impersonating a practitioner
or former practitioner.
(b)
((The holder of the certificate of registration is guilty of fraud, deceit,
gross negligence, gross incompetency or gross misconduct in the practice of
landscape architecture.
(c))) The
holder of the certificate of registration permits his or her seal to be
affixed to any plans, specifications, or drawings that were not prepared
by him or her or under his or her personal supervision by
employees subject to his or her direction and control.
(((d)
The holder of the certificate has committed fraud in applying for or obtaining
a certificate.))
(2)
The director shall immediately suspend the certificate of registration of a
landscape architect who has been certified pursuant to RCW 74.20A.320 by the
department of social and health services as a person who is not in compliance
with a support order ((or a residential or visitation order)). If the
person has continued to meet all other requirements for certification during
the suspension, reissuance of the certificate of registration shall be
automatic upon the director's receipt of a release issued by the department of
social and health services stating that the person is in compliance with the
order.
Sec.
236. RCW
18.96.140 and 1985 c 7 s 77 are each amended to read as follows:
((Upon
the recommendations of the board, the director may restore a license to any
person whose license has been suspended or revoked. Application for the
reissuance of a license shall be made in such a manner as indicated by the
board.))
A
new certificate of registration to replace any certificate lost or destroyed,
or mutilated may be issued by the director, and a charge determined by the
director as provided in RCW 43.24.086 shall be made for such issuance.
NEW
SECTION. Sec. 237. A
new section is added to chapter 18.96 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
238. RCW
18.140.030 and 2000 c 249 s 2 are each amended to read as follows:
The
director shall have the following powers and duties:
(1)
To adopt rules in accordance with chapter 34.05 RCW necessary to implement this
chapter and chapter 18.--- RCW (sections 101 through 124 of this act),
with the advice and approval of the commission;
(2)
To receive and approve or deny applications for certification or licensure as a
state-certified or state-licensed real estate appraiser under this chapter; to
establish appropriate administrative procedures for the processing of such
applications; to issue certificates or licenses to qualified applicants
pursuant to the provisions of this chapter; and to maintain a register of the
names and addresses of individuals who are currently certified or licensed
under this chapter;
(3)
To provide administrative assistance to the members of and to keep records for
the real estate appraiser commission;
(4)
To solicit bids and enter into contracts with educational testing services or
organizations for the preparation of questions and answers for certification or
licensure examinations;
(5)
To administer or contract for administration of certification or licensure
examinations at locations and times as may be required to carry out the
responsibilities under this chapter;
(6)
To enter into contracts for professional services determined to be necessary
for adequate enforcement of this chapter;
(7)
To consider recommendations by the real estate appraiser commission relating to
the experience, education, and examination requirements for each classification
of state-certified appraiser and for licensure;
(8)
To consider recommendations by the real estate appraiser commission relating to
continuing education requirements as a prerequisite to renewal of certification
or licensure;
(9)
To consider recommendations by the real estate appraiser commission relating to
standards of professional appraisal conduct or practice in the enforcement of
this chapter;
(10)
((To investigate all complaints or reports of unprofessional conduct as
defined in this chapter and to hold hearings as provided in this chapter;
(11)
To establish appropriate administrative procedures for disciplinary proceedings
conducted pursuant to the provisions of this chapter;
(12)
To compel the attendance of witnesses and production of books, documents, records,
and other papers; to administer oaths; and to take testimony and receive
evidence concerning all matters within their jurisdiction. These powers may be
exercised directly by the director or the director's authorized representatives
acting by authority of law;
(13)
To take emergency action ordering summary suspension of a license or
certification pending proceedings by the director;
(14))) To
employ such professional, clerical, and technical assistance as may be
necessary to properly administer the work of the director;
(((15)))
(11) To establish forms necessary to administer this chapter;
(((16)))
(12) To establish an expert review appraiser roster comprised of
state-certified or licensed real estate appraisers whose purpose is to assist
the director by applying their individual expertise by reviewing real estate
appraisals for compliance with this chapter. Qualifications to act as an expert
review appraiser shall be established by the director with the advice of the
commission. An application to serve as an expert review appraiser shall be
submitted to the real estate appraiser program, and the roster of accepted
expert review appraisers shall be maintained by the department. An expert
review appraiser may be added to or deleted from that roster by the director.
The expert review appraiser shall be reimbursed for expenses in the same manner
as the department reimburses the commission; and
(((17))) (13) To do all other things necessary to
carry out the provisions of this chapter and minimally meet the requirements of
federal guidelines regarding state certification or licensure of appraisers
that the director determines are appropriate for state-certified and
state-licensed appraisers in this state.
Sec.
239. RCW
18.140.160 and 2000 c 35 s 1 are each amended to read as follows:
((The
director may deny an application for licensure or certification and may impose
any one or more of the following sanctions against a state-licensed or
state-certified appraiser: Suspend, revoke, or levy a fine not to exceed one
thousand dollars for each offense and/or otherwise discipline in accordance
with the provisions of this chapter, for any of the following acts or omissions))
In addition to the unprofessional conduct described in section 114 of this
act, the director may take disciplinary action for the following conduct, acts,
or conditions:
(1)
Failing to meet the minimum qualifications for state licensure or certification
established by or pursuant to this chapter;
(2)
((Procuring or attempting to procure state licensure or certification under
this chapter by knowingly making a false statement, knowingly submitting false
information, or knowingly making a material misrepresentation on any
application filed with the director;
(3)))
Paying money other than the fees provided for by this chapter to any employee
of the director or the ((committee)) commission to procure state
licensure or certification under this chapter;
(((4)
Obtaining a license or certification through the mistake or inadvertence of the
director;
(5)
Conviction of any gross misdemeanor or felony or the commission of any act
involving moral turpitude, dishonesty, or corruption whether or not the act
constitutes a crime. If the act constitutes a crime, conviction in a criminal
proceeding is not a condition precedent to disciplinary action. Upon such a
conviction, however, the judgment and sentence is conclusive evidence at the
ensuing disciplinary hearing of the guilt of the license or certificate 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. Nothing in this section abrogates
rights guaranteed under 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;
(6)
Failure or refusal without good cause to exercise reasonable diligence in
developing an appraisal, preparing an appraisal report, or communicating an
appraisal;
(7)
Negligence or incompetence in developing an appraisal, preparing an appraisal
report, or communicating an appraisal;
(8))) (3)
Continuing to act as a state-licensed or state-certified real estate appraiser
when his or her license or certificate is on an expired status;
(((9)
Failing, upon demand, to disclose any information within his or her knowledge
to, or to produce any document, book, or record in his or her possession for
inspection of the director or the director's authorized representatives acting
by authority of law;
(10))) (4)
Violating any provision of this chapter or any lawful rule made by the director
pursuant thereto;
(((11)
Advertising in a false, fraudulent, or misleading manner;
(12)
Suspension, revocation, or restriction of the individual's license or certification
to practice the profession by competent authority in any state, federal, or
foreign jurisdiction, with a certified copy of the order, stipulation, or
agreement being conclusive evidence of the revocation, suspension, or
restriction;
(13)
Failing to comply with an order issued by the director;
(14)
Committing any act of fraudulent or dishonest dealing or a crime involving
moral turpitude, with a certified copy of the final holding of any court of
competent jurisdiction in such matter being conclusive evidence in any hearing
under this chapter; and
(15))) (5)
Issuing an appraisal report on any real property in which the appraiser has an
interest unless his or her interest is clearly stated in the appraisal report;
and
(6)
Being affiliated as an employee or independent contractor with a state-licensed
or state-certified real estate appraiser when the appraiser's license or
certificate has been revoked due to disciplinary action.
Sec.
240. RCW
18.140.170 and 1996 c 182 s 10 are each amended to read as follows:
The
director may investigate the actions of a state-licensed or state-certified
real estate appraiser or an applicant for licensure or certification or
relicensure or recertification. Upon receipt of information indicating that a
state-licensed or state-certified real estate appraiser under this chapter may
have violated this chapter, the director ((shall)) may cause one
or more of the staff investigators to make an investigation of the facts to
determine whether or not there is admissible evidence of any such violation.
If technical assistance is required, a staff investigator may consult with one
or more of the members of the ((committee)) commission.
((In
any investigation made by the director's investigative staff, the director
shall have the power to compel the attendance of witnesses and the production
of books, documents, records, and other papers, to administer oaths, and to
take testimony and receive evidence concerning all matters within the director's
jurisdiction.
If
the director determines, upon investigation, that a state-licensed or
state-certified real estate appraiser under this chapter has violated this
chapter, a statement of charges shall be prepared and served upon the
state-licensed or state-certified real estate appraiser. The statement of
charges shall be served as follows: The statement of charges shall be sent by
certified or registered mail, and if no receipt of service is received, two
attempts to personally serve the statement of charges shall be made. This
statement of charges shall require the accused party to file an answer to the
statement of charges within twenty days of the date of service.
In
responding to a statement of charges, the accused party may admit to the
allegations, deny the allegations, or otherwise plead. Failure to make a
timely response shall be deemed an admission of the allegations contained in
the statement of charges and will result in a default whereupon the director
may enter an order under RCW 34.05.440. If a hearing is requested, the time of
the hearing shall be scheduled but the hearing shall not be held earlier than
thirty days after service of the charges upon the accused. A notice of hearing
shall be issued at least twenty days prior to the hearing, specifying the time,
date, and place of hearing.))
NEW
SECTION. Sec. 241. A
new section is added to chapter 18.140 RCW to read as follows:
The
real estate appraiser commission 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 RCW 18.140.020, 18.140.160, or section 112 of this act 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.
Any fund balance remaining in the general fund attributable to the real estate
appraiser commission account as of July 1, 2003, must be transferred to the
real estate appraiser commission account.
NEW
SECTION. Sec. 242. A
new section is added to chapter 18.140 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
243. RCW
18.145.050 and 1995 c 269 s 502 and 1995 c 27 s 6 are each reenacted and
amended to read as follows:
In
addition to any other authority provided by law, the director may:
(1)
Adopt rules in accordance with chapter 34.05 RCW that are necessary to
implement this chapter;
(2)
Set all renewal, late renewal, duplicate, and verification fees in accordance
with RCW 43.24.086;
(3)
Establish the forms and procedures necessary to administer this chapter;
(4)
Issue a certificate to any applicant who has met the requirements for
certification;
(5)
Hire clerical((,)) and administrative((, and investigative))
staff as needed to implement and administer this chapter;
(6)
((Investigate complaints or reports of unprofessional conduct as defined in
this chapter and hold hearings under chapter 34.05 RCW;
(7)
Issue subpoenas for records and attendance of witnesses, statements of charges,
statements of intent to deny certificates, and orders; administer oaths; take
or cause depositions to be taken; and use other discovery procedures as needed
in any investigation, hearing, or proceeding held under this chapter;
(8)))
Maintain the official departmental record of all applicants and certificate
holders;
(((9)
Delegate, in writing to a designee, the authority to issue subpoenas,
statements of charges, and statements of intent to deny certification;
(10))) (7)
Approve the preparation and administration of examinations for certification;
(((11)))
(8) Establish by rule the procedures for an appeal of a failure of an
examination;
(((12)
Conduct a hearing under chapter 34.05 RCW on an appeal of a denial of a
certificate based on the applicant's failure to meet minimum qualifications for
certification;
(13))) (9)
Set the criteria for meeting the standard required for certification;
(((14)))
(10) Establish advisory committees whose membership shall include
representatives of professional court reporting and stenomasking associations
and representatives from accredited schools offering degrees in court reporting
or stenomasking to advise the director on testing procedures, professional
standards, disciplinary activities, or any other matters deemed necessary;
(((15)))
(11) Establish ad hoc advisory committees whose membership shall include
representatives of professional court reporting and stenomasking associations
and representatives from accredited schools offering degrees in court reporting
or stenomasking to advise the director on testing procedures, professional
standards, ((disciplinary activities,)) or any other matters deemed
necessary.
NEW
SECTION. Sec. 244. A
new section is added to chapter 18.145 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the issuance
and denial of licenses, and the discipline of licensees under this chapter.
Sec.
245. RCW
18.165.160 and 1997 c 58 s 835 are each amended to read as follows:
In
addition to the unprofessional conduct described in section 114 of this act,
the director may take disciplinary action for the following conduct,
acts ((are prohibited and constitute grounds for disciplinary action,
assessing administrative penalties, or denial, suspension, or revocation of any
license under this chapter, as deemed appropriate by the director)), or
conditions:
(1)
((Knowingly)) Violating any of the provisions of this chapter or
the rules adopted under this chapter;
(2)
((Knowingly)) Making a material misstatement or omission in the
application for or renewal of a ((license or)) firearms certificate,
including falsifying requested identification information;
(3)
Not meeting the qualifications set forth in RCW 18.165.030, 18.165.040, or
18.165.050;
(4)
Failing to return immediately on demand a firearm issued by an employer;
(5)
Carrying a firearm in the performance of his or her duties if not the holder of
a valid armed private investigator license, or carrying a firearm not meeting
the provisions of this chapter while in the performance of his or her duties;
(6)
Failing to return immediately on demand company identification, badges, or other
items issued to the private investigator by an employer;
(7)
Making any statement that would reasonably cause another person to believe that
the private investigator is a sworn peace officer;
(8)
Divulging confidential information obtained in the course of any investigation
to which he or she was assigned;
(9)
Acceptance of employment that is adverse to a client or former client and
relates to a matter about which a licensee has obtained confidential
information by reason of or in the course of the licensee's employment by the
client;
(10)
((Conviction of a gross misdemeanor or felony or the commission of any act
involving moral turpitude, dishonesty, or corruption whether the act
constitutes a crime or not. If the act constitutes a crime, conviction in a
criminal proceeding is not a condition precedent to disciplinary action. Upon
such a conviction, however, 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;
(11)
Advertising that is false, fraudulent, or misleading;
(12)
Incompetence or negligence that results in injury to a person or that creates
an unreasonable risk that a person may be harmed;
(13)
Suspension, revocation, or restriction of the individual's license to practice
the profession by competent authority in any state, federal, or foreign
jurisdiction, a certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or restriction;
(14)
Failure to cooperate with the director by:
(a)
Not furnishing any necessary papers or documents requested by the director for
purposes of conducting an investigation for disciplinary action, denial,
suspension, or revocation of a license under this chapter;
(b)
Not furnishing in writing a full and complete explanation covering the matter
contained in a complaint filed with the department; or
(c)
Not responding to subpoenas issued by the director, whether or not the
recipient of the subpoena is the accused in the proceeding;
(15)
Failure to comply with an order issued by the director or an assurance of
discontinuance entered into with the director;
(16)
Aiding or abetting an unlicensed person to practice if a license is required;
(17)
Misrepresentation or fraud in any aspect of the conduct of the business or
profession;
(18)
Failure to adequately supervise employees to the extent that the public health
or safety is at risk;
(19)
Interference with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the director or the director's authorized
representative, or by the use of threats or harassment against any client or
witness to prevent them from providing evidence in a disciplinary proceeding or
any other legal action;
(20)))
Assigning or transferring any license issued pursuant to the provisions of this
chapter, except as provided in RCW 18.165.050;
(((21)))
(11) Assisting a client to locate, trace, or contact a person when the
investigator knows that the client is prohibited by any court order from
harassing or contacting the person whom the investigator is being asked to
locate, trace, or contact, as it pertains to domestic violence, stalking, or
minor children;
(((22)))
(12) Failure to maintain bond or insurance;
(((23)))
(13) Failure to have a qualifying principal in place; or
(((24)))
(14) Being certified as not in compliance with a support order ((or a
residential or visitation order)) as provided in RCW 74.20A.320.
Sec.
246. RCW
18.165.170 and 1995 c 277 s 35 are each amended to read as follows:
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)))
(3) 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))) (4)
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; and
(((12)
To designate individuals authorized to sign subpoenas and statements of
charges;
(13))) (5)
To employ such ((investigative,)) administrative((,)) and
clerical staff as necessary for the enforcement of this chapter((;
(14)
To compel attendance of witnesses at hearings; and
(15)
To assess administrative penalties for violations of law, rules, or regulations)).
NEW
SECTION. Sec. 247. A
new section is added to chapter 18.165 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
248. RCW
18.170.170 and 1997 c 58 s 837 are each amended to read as follows:
In
addition to the ((provisions of RCW 18.170.164, the following acts are
prohibited and constitute grounds for disciplinary action, assessing
administrative penalties, or denial, suspension, or revocation of any license
under this chapter, as deemed appropriate by the director:
(1)
Knowingly violating any of the provisions of this chapter or the rules adopted
under this chapter;
(2))) unprofessional
conduct described in section 114 of this act, the following conduct, acts, or
conditions constitute unprofessional conduct:
(1)
Knowingly violating any of the provisions of this chapter or the rules adopted
under this chapter;
(2)
Practicing fraud, deceit, or misrepresentation in any of the private security
activities covered by this chapter;
(3)
Knowingly making a material misstatement or omission in the application for a
((license or)) firearms certificate;
(4)
Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or
18.170.060;
(5)
Failing to return immediately on demand a firearm issued by an employer;
(6)
Carrying a firearm in the performance of his or her duties if not the holder of
a valid armed private security guard license, or carrying a firearm not meeting
the provisions of this chapter while in the performance of his or her duties;
(7)
Failing to return immediately on demand any uniform, badge, or other item of
equipment issued to the private security guard by an employer;
(8)
Making any statement that would reasonably cause another person to believe that
the private security guard is a sworn peace officer;
(9)
Divulging confidential information that may compromise the security of any
premises, or valuables shipment, or any activity of a client to which he or she
was assigned;
(10)
((Conviction of a gross misdemeanor or felony or the commission of any act
involving moral turpitude, dishonesty, or corruption whether the act
constitutes a crime or not. If the act constitutes a crime, conviction in a
criminal proceeding is not a condition precedent to disciplinary action. Upon
such a conviction, however, 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;
(11)
Misrepresentation or concealment of a material fact in obtaining a license or
in reinstatement thereof;
(12)
Advertising that is false, fraudulent, or misleading;
(13)
Incompetence or negligence that results in injury to a person or that creates
an unreasonable risk that a person may be harmed;
(14)
Suspension, revocation, or restriction of the individual's license to practice
the profession by competent authority in any state, federal, or foreign
jurisdiction, a certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or restriction;
(15)
Failure to cooperate with the director by:
(a)
Not furnishing any necessary papers or documents requested by the director for
purposes of conducting an investigation for disciplinary action, denial,
suspension, or revocation of a license under this chapter;
(b)
Not furnishing in writing a full and complete explanation covering the matter
contained in a complaint filed with the department; or
(c)
Not responding to subpoenas issued by the director, whether or not the
recipient of the subpoena is the accused in the proceeding;
(16)
Failure to comply with an order issued by the director or an assurance of
discontinuance entered into with the disciplining authority;
(17)
Aiding or abetting an unlicensed person to practice if a license is required;
(18)
Misrepresentation or fraud in any aspect of the conduct of the business or
profession;
(19)
Failure to adequately supervise employees to the extent that the public health
or safety is at risk;
(20)
Interference with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the director or the director's authorized
representative, or by the use of threats or harassment against a client or
witness to prevent them from providing evidence in a disciplinary proceeding or
any other legal action;
(21)))
Assigning or transferring any license issued pursuant to the provisions of this
chapter, except as provided in RCW 18.170.060;
(((22)))
(11) Failure to maintain insurance; and
(((23)))
(12) Failure to have a qualifying principal in place.
Sec.
249. RCW
18.170.180 and 1991 c 334 s 18 are each amended to read as follows:
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))) (3)
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; and
(((12)
To designate individuals authorized to sign subpoenas and statements of
charges;
(13))) (4)
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. 250. A
new section is added to chapter 18.170 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
251. RCW
18.185.110 and 1993 c 260 s 12 are each amended to read as follows:
((The
following acts are prohibited and constitute grounds for disciplinary action or
denial, suspension, or revocation of any license under this chapter, as deemed
appropriate by the director:
(1)
Knowingly violating any of the provisions of this chapter or the rules adopted
under this chapter;
(2)
Knowingly making a material misstatement or omission in the application for or
renewal of a license;
(3))) In
addition to the unprofessional conduct described in section 114 of this act,
the following conduct, acts, or conditions constitute unprofessional conduct:
(1)
Violating any of the provisions of this chapter or the rules adopted under this
chapter;
(2)
Failing to meet the qualifications set forth in RCW 18.185.020 and 18.185.030;
(((4)
Conviction of a gross misdemeanor or felony or the commission of any act
involving moral turpitude, dishonesty, or corruption whether the act
constitutes a crime or not. If the act constitutes a crime, conviction in a
criminal proceeding is not a condition precedent to disciplinary action. Upon
such a conviction, however, 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. Nothing in this section abrogates
rights guaranteed under chapter 9.96A RCW;
(5)
Advertising that is false, fraudulent, or misleading;
(6)
Incompetence or negligence that results in injury to a person or that creates
an unreasonable risk that a person may be harmed;
(7)
Suspension, revocation, or restriction of the individual's license to practice
the profession by competent authority in any state, federal, or foreign
jurisdiction, a certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or restriction;
(8)
Failure to cooperate with the director by not:
(a)
Furnishing any necessary papers or documents requested by the director for
purposes of conducting an investigation for disciplinary action, denial,
suspension, or revocation of a license under this chapter;
(b)
Furnishing in writing a full and complete explanation covering the matter
contained in a complaint filed with the department; or
(c)
Responding to subpoenas issued by the director, whether or not the recipient of
the subpoena is the accused in the proceeding;
(9)
Failure to comply with an order issued by the director or an assurance of
discontinuance entered into with the director;
(10)
Aiding or abetting an unlicensed person to practice if a license is required;
(11))) (3)
Knowingly committing, or being a party to, any material fraud,
misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device
whereby any other person lawfully relies upon the word, representation, or
conduct of the licensee;
(((12)
Failure to adequately supervise employees to the extent that the client funds
are at risk;
(13)
Interference with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the director or the director's authorized
representative, or by the use of threats or harassment against any client or
witness to prevent them from providing evidence in a disciplinary proceeding or
any other legal action;
(14))) (4)
Assigning or transferring any license issued pursuant to the provisions of this
chapter, except as provided in RCW 18.185.030;
(((15)))
(5) Conversion of any money or contract, deed, note, mortgage, or other
evidence of title, to his or her own use or to the use of his or her principal
or of any other person, when delivered to him or her in trust or on condition,
in violation of the trust or before the happening of the condition; and failure
to return any money or contract, deed, note, mortgage, or other evidence of
title within thirty days after the owner is entitled to possession, and makes
demand for possession, shall be prima facie evidence of conversion;
(((16)))
(6) Failing to keep records, maintain a trust account, or return
collateral or security, as required by RCW 18.185.100;
(((17)))
(7) Any conduct in a bail bond transaction which demonstrates bad faith,
dishonesty, or untrustworthiness; or
(((18)))
(8) Violation of an order to cease and desist that is issued by the
director under this chapter.
Sec.
252. RCW
18.185.120 and 1993 c 260 s 13 are each amended to read as follows:
In
addition to those powers set forth in section 104 of this act, 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 an order providing for one or any combination of the following upon
violation or violations of this chapter: Denying, suspending, or revoking a license;
assessing monetary penalties; restricting or limiting practice; complying with
conditions of probation for a designated period of time; making restitution to
the person harmed by the licensee; or other corrective action;
(3)
To issue subpoenas and administer oaths in connection with an investigation,
hearing, or proceeding held under this chapter;
(4)
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;
(5)
To compel attendance of witnesses at hearings;
(6)
To establish fees by rule under RCW 43.24.086 and chapter 34.05 RCW;
(7)
To take emergency action ordering summary suspension of a license, or
restriction or limitation of the licensee's practice pending proceedings by the
director;
(8)
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;
(9)
To enter into contracts for professional services determined to be necessary
for adequate enforcement of this chapter;
(10)
To adopt standards of professional conduct or practice;
(11)
In the event of a finding of unprofessional conduct by an applicant or license
holder, to impose sanctions against an applicant or license holder as provided
by this chapter;
(12))) To order
restitution to the person harmed by the licensee; or
(2)
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((;
(13)
To designate individuals authorized to sign subpoenas and statements of
charges; and
(14)
To employ such investigative, administrative, and clerical staff as necessary
for the enforcement of this chapter)).
Sec.
253. RCW
18.185.140 and 1993 c 260 s 15 are each amended to read as follows:
(((1)
If the director determines, upon investigation, that there is reason to believe
a violation of this chapter has occurred, a statement of charges shall be
prepared and served upon the license holder or applicant and)) When a
statement of charges is issued against a license holder or applicant under
section 106 of this act, notice of this action must be given to the
owner or qualified agent of the employing bail bond agency. ((The statement
of charges shall be accompanied by a notice that the license holder or
applicant may request a hearing to contest the charges. The license holder or
applicant must file a request for hearing with the department within twenty
days after being served the statement of charges. The failure to request a hearing
constitutes a default, whereupon the director may enter an order under RCW
34.05.440.
(2)
If a hearing is requested, the time of the hearing shall be scheduled but the
hearing shall not be held earlier than thirty days after service of the charges
upon the license holder or applicant. A notice of hearing shall be issued at
least twenty days prior to the hearing, specifying the time, date, and place of
the hearing.))
Sec.
254. RCW
18.185.170 and 1993 c 260 s 18 are each amended to read as follows:
(1)
((The director shall investigate complaints concerning practice by
unlicensed persons of a profession 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 the director under RCW 18.185.140. The director
shall issue a cease and desist order to a person after notice and hearing and
upon a determination that the person has violated this subsection. 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 cease and desist order shall not relieve
the person practicing or operating a business without a license from criminal
prosecution therefor, but the remedy of a cease and desist order shall be in
addition to any criminal liability. 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 may be used in addition to, or as
an alternative to, any provisions for enforcement of agency orders.
(2)
The attorney general, a county prosecuting attorney, the director, or any
person may, in accordance with the law of this state governing injunctions,
maintain an action in the name of this state to enjoin any person practicing a
profession or business for which a license is required by this chapter without
a license from engaging in such practice or operating such business until the
required license is secured. However, the injunction shall not relieve the
person practicing or operating a business without a license from criminal
prosecution therefor, but the remedy by injunction shall be in addition to any
criminal liability.
(3)))
After June 30, 1994, any person who performs the functions and duties of a bail
bond agent in this state without being licensed in accordance with the
provisions of this chapter, or any person presenting or attempting to use as
his or her own the license of another, or any person who gives false or forged
evidence of any kind to the director in obtaining a license, or any person who
falsely impersonates any other licensee, or any person who attempts to use an
expired or revoked license, or any person who violates any of the provisions of
this chapter is guilty of a gross misdemeanor.
(((4)))
(2) After January 1, 1994, a person is guilty of a gross misdemeanor if
he or she owns or operates a bail bond agency in this state without first
obtaining a bail bond agency license.
(((5)))
(3) After June 30, 1994, the owner or qualified agent of a bail bond
agency is guilty of a gross misdemeanor if he or she employs any person to
perform the duties of a bail bond agent without the employee having in his or
her possession a permanent bail bond agent license issued by the department.
(((6)
All fees, fines, forfeitures, and penalties collected or assessed by a court
because of a violation of this section shall be remitted to the department.))
NEW
SECTION. Sec. 255. A
new section is added to chapter 18.185 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
256. RCW
18.210.020 and 1999 c 263 s 3 are each amended to read as follows:
(((1)))
In addition to the unprofessional conduct described in section 114 of this
act, the following conduct, acts, and conditions constitute unprofessional
conduct ((for any person issued, or applying for, a practice permit or
license under this chapter)):
(((a)
Any act involving moral turpitude, dishonesty, or corruption relating to the
practice of on-site wastewater treatment designs or inspections, whether or not
the act constitutes a crime;
(b)
Misrepresentation or concealment of a material fact in applying for, obtaining,
or reinstating a practice permit or license;
(c)
Any advertising which is false, fraudulent, or misleading;
(d)
Incompetence, gross negligence, or malpractice that results in injury to an
individual, damage to property, or adverse impact on the environment;
(e)
As determined by the board, failure to provide to the board in a timely manner
any lawfully requested information or documentation regarding a pending
application, license renewal application, or administrative proceeding;
(f)
Failure to comply with an order issued or approved by the board;
(g)
Aiding or abetting a person in engaging in practice without a required practice
permit or license;
(h)
Practicing beyond the scope of practice as defined by law or rule;
(i)
Misrepresentation or fraud in any aspect of the conduct of the business or
profession of designing on-site wastewater treatment systems;
(j)
Failure to adequately supervise auxiliary staff to the extent that the
consumer's health or safety is at risk;
(k)
Interference with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the board or its authorized representative,
or by the use of threats or harassment against any person who may serve as a
witness in any adjudicative proceeding before the board;
(l))) (1)
Practicing with a practice permit or license issued under this chapter that is
expired, suspended, or revoked;
(((m)))
(2) Being willfully untruthful or deceptive in any document, report,
statement, testimony, or plan that pertains to the design or construction of an
on-site wastewater treatment system; and
(((n)))
(3) Submission of a design or as-built record to a local health jurisdiction,
to the department of health, or to the department of ecology, that is knowingly
based upon false, incorrect, misleading, or fabricated information((; and
(o)
Any act or omission that is contrary to the standard of practice for
individuals authorized to practice under this chapter.
(2)
If an act constitutes a crime, conviction in a criminal proceeding is not a
condition precedent to disciplinary action. Upon conviction, however, the
judgment and sentence is conclusive evidence, at the ensuing disciplinary
hearing, of guilt of the crime described in the complaint, indictment, or
information, and of 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 in all
proceedings in which the sentence has been deferred or suspended)).
Sec.
257. RCW
18.210.030 and 1999 c 263 s 4 are each amended to read as follows:
(((1)
The board, upon finding a violation of this chapter, has the exclusive power
to:
(a)
Reprimand an applicant, licensee, or practice permit holder;
(b)
Suspend, revoke, or refuse to renew a license or practice permit;
(c)
Deny an application for a practice permit or license; and
(d)
Impose any monetary penalty not exceeding one thousand dollars for each
violation upon an applicant, licensee, or permit holder.
(2)
Any person may file with the board a complaint alleging violation of this
chapter. All complaints alleging violation of this chapter must be in writing
and sworn to by the person making the allegation.
(3)
All procedures related to hearings on any complaint alleging violations of this
chapter must comply with provisions governing adjudicative proceedings as set
forth in chapter 34.05 RCW, the administrative procedure act.
(4))) The
board shall immediately suspend the license or practice permit of a person who
has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a support order. If
the person has continued to meet all other requirements for a license under
this chapter during the suspension, reissuance of the license or certificate
shall be automatic upon the department's receipt of a release issued by the
department of social and health services stating that the licensee is in
compliance with the child support order. The procedure in RCW 74.20A.320 is
the exclusive administrative remedy for contesting the establishment of
noncompliance with a child support order, and suspension of a license under
this subsection, and satisfies the requirements of RCW 34.05.422.
Sec.
258. RCW
18.210.060 and 1999 c 263 s 7 are each amended to read as follows:
(1)
The board may:
(a)
Adopt rules to implement this chapter including, but not limited to, evaluation
of experience, examinations, and scope and standards of practice;
(b)
Administer licensing examinations; and
(c)
Review and approve or deny initial and renewal license applications((;
(d)
Conduct investigations of complaints alleging violations of this chapter;
(e)
Conduct adjudicative proceedings in accordance with the administrative
procedure act, chapter 34.05 RCW;
(f)
Issue investigative subpoenas to compel the production of records, maps, and
other documents, as may be related to the investigation of violations of this
chapter; and
(g)
Take disciplinary action as provided for in RCW 18.43.110 and 18.43.120)).
(2)
The board shall consider recommendations of the advisory committee made in
accordance with this chapter.
Sec.
259. RCW
18.210.160 and 1999 c 263 s 17 are each amended to read as follows:
(((1)))
On or after July 1, 2003, it is a gross misdemeanor for any person, not
otherwise exempt from the requirements of this chapter, to: (((a))) (1)
Perform on-site wastewater treatment systems design services without a license;
(((b))) (2) purport to be qualified to perform those services
without having been issued a standard license under this chapter; (((c)))
(3) attempt to use the license or seal of another; (((d))) (4)
attempt to use a revoked or suspended license; or (((e))) (5)
attempt to use false or fraudulent credentials. In addition, action may be
taken under section 116 of this act.
(((2)
The board may exercise its authority under RCW 18.43.120 in dealing with
persons described in subsection (1) of this section.))
NEW
SECTION. Sec. 260. A
new section is added to chapter 18.210 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
261. RCW
18.220.040 and 2000 c 253 s 5 are each amended to read as follows:
The
director has the following authority in administering this chapter:
(1)
To adopt, amend, and rescind rules approved by the board as deemed necessary to
carry out this chapter;
(2)
To adopt fees as provided in RCW 43.24.086;
(3)
To administer licensing examinations approved by the board and to adopt or
recognize examinations prepared by other organizations as approved by the
board;
(4)
((To issue subpoenas and administer oaths in connection with an
investigation, hearing, or proceeding held under this chapter;
(5)
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;
(6)
To compel attendance of witnesses at hearings;
(7)
In the course of investigating a complaint or report of unprofessional conduct,
to direct the board to conduct practice reviews and disciplinary hearings;
(8)
To take emergency action ordering summary suspension of a license, or restrict
or limit a licensee's practice pending further proceedings by the director;
(9)
To use the board or, at the request of the board, 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 as to
disposition of the charges;
(10)
To enter into contracts for professional services determined to be necessary
for adequate enforcement of this chapter;
(11))) To
adopt standards of professional conduct and practice as approved by the board; and
(((12)
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;
(13))) (5)
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.
Violation of an assurance under this subsection is grounds for disciplinary
action((;
(14)
To designate individuals authorized to sign subpoenas and statement of charges;
and
(15)
To employ investigative, administrative, and clerical staff as necessary for
the enforcement of this chapter)).
Sec.
262. RCW
18.220.050 and 2000 c 253 s 6 are each amended to read as follows:
The
board has the following authority in administering this chapter:
(1)
To establish rules, including board organization and assignment of terms, and
meeting frequency and timing, for adoption by the director;
(2)
To establish the minimum qualifications for applicants for licensure as
provided by this chapter;
(3)
To approve the method of administration for examinations required by this
chapter or by rule as established by the director. To approve the adoption or
recognition of examinations prepared by other organizations for adoption by the
director. To set the time and place of examinations with the approval of the
director;
(4)
To establish and review standards of professional conduct and practice for
adoption by the director. Rules of professional conduct will be consistent
with those outlined for engineers and land surveyors; and
(5)
To designate specialties of geology to be licensed under this chapter((;
(6)
To conduct disciplinary hearings; and
(7)
To conduct practice reviews)).
Sec.
263. RCW
18.220.130 and 2000 c 253 s 14 are each amended to read as follows:
In
addition to the unprofessional conduct described in section 114 of this act, the
following conduct, acts ((are prohibited and)), and conditions
constitute ((grounds for disciplinary action or denial, suspension, or
revocation of any license under this chapter)) unprofessional conduct:
(1)
((Knowingly)) Violating any of the provisions of this chapter or
the rules adopted under this chapter;
(2)
((Knowingly making a material misstatement or omission in the application
for or renewal of a license;
(3))) Not
meeting the qualifications for licensing set forth by this chapter;
(((4)
Incompetency, misconduct, fraud, gross negligence, or repeated incidents of
negligence in or related to the practice of geology;
(5)
Conviction of a gross misdemeanor or felony or the commission of any act
involving moral turpitude, dishonesty, or corruption whether or not the act
constitutes a crime. If the act constitutes a crime, conviction in a criminal
proceeding is not a condition precedent to disciplinary action. Upon such
conviction, however, 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 was 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. Nothing in this section abrogates
rights guaranteed under chapter 9.96A RCW;
(6)
Advertising that is false, fraudulent, or misleading;
(7)
Suspension, revocation, or restriction of the individual's license to practice
the profession by competent authority in any state, federal, or foreign
jurisdiction, a certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or restriction;
(8)
Aiding or abetting an unlicensed person to practice if a license is required;
(9)
Failure to adequately supervise subordinates to the extent that the public
health or safety is at risk;
(10)
Failure to cooperate with the director by:
(a)
Not furnishing any necessary papers or documents requested by the director for
purposes of conducting an investigation for disciplinary action, denial,
suspension, or revocation of a license under this chapter;
(b)
Not furnishing in writing a full and complete explanation covering the matter
contained in a complaint filed with the department; or
(c)
Not responding to subpoenas issued by the director, whether or not the
recipient of the subpoena is the accused in the proceeding;
(11))) (3)
Failure to comply with an ((order issued by the director or an))
assurance of discontinuance entered into with the director;
(((12)
Interference with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the director or the director's authorized
representative, or by use of threats or harassment against any client or
witness to prevent them from providing evidence in a disciplinary proceeding or
any other legal action;)) or
(((13)))
(4) Committing any other act, or failing to act, which act or failure
are customarily regarded as being contrary to the accepted professional conduct
or standard generally expected of those practicing geology.
Sec.
264. RCW
18.220.150 and 2000 c 253 s 16 are each amended to read as follows:
A
person, including but not limited to consumers, licensees, corporations,
organizations, and state and local governments or agencies, may submit a
written complaint to the department charging a license holder or applicant with
unprofessional conduct and specifying the grounds for the charge. If the
director determines that the complaint merits investigation, or if the director
has reason to believe, without a formal complaint, that a license holder or
applicant may have engaged in unprofessional conduct, the director ((shall))
may investigate to determine if there has been unprofessional conduct.
A person who files a complaint under this section in good faith is immune from
suit in any civil action related to the filing or contents of the complaint.
((The director, individuals acting on the director's behalf, and members of
the board are immune from suit in any action, civil or criminal, based on
disciplinary proceedings or other official acts performed in the course of
their duties in the administration and enforcement of this chapter.))
NEW
SECTION. Sec. 265. A
new section is added to chapter 18.220 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
266. RCW
19.16.120 and 1997 c 58 s 847 are each amended to read as follows:
In
addition to other provisions of this chapter, ((any license issued pursuant
to this chapter or any application therefor may be denied, not renewed,
revoked, or suspended, or in lieu of or in addition to suspension a licensee
may be assessed a civil, monetary penalty in an amount not to exceed one
thousand dollars)) and the unprofessional conduct described in section
114 of this act, the following conduct, acts, or conditions constitute
unprofessional conduct:
(1)
If an individual applicant or licensee is less than eighteen years of age or is
not a resident of this state.
(2)
If an applicant or licensee is not authorized to do business in this state.
(3)
If the application or renewal forms required by this chapter are incomplete,
fees required under RCW 19.16.140 and 19.16.150, if applicable, have not been
paid, and the surety bond or cash deposit or other negotiable security
acceptable to the director required by RCW 19.16.190, if applicable, has not
been filed or renewed or is canceled.
(4)
If any individual applicant, owner, officer, director, or managing employee of
a nonindividual applicant or licensee:
(a)
((Shall have knowingly made a false statement of a material fact in any
application for a collection agency license or an out-of-state collection
agency license or renewal thereof, or in any data attached thereto and two
years have not elapsed since the date of such statement;
(b)
Shall have had a license to engage in the business of a collection agency or
out-of-state collection agency denied, not renewed, suspended, or revoked by
this state, any other state, or foreign country, for any reason other than the
nonpayment of licensing fees or failure to meet bonding requirements:
PROVIDED, That the terms of this subsection shall not apply if:
(i)
Two years have elapsed since the time of any such denial, nonrenewal, or
revocation; or
(ii)
The terms of any such suspension have been fulfilled;
(c)
Has been convicted in any court of any felony involving forgery, embezzlement,
obtaining money under false pretenses, larceny, extortion, or conspiracy to
defraud and is incarcerated for that offense or five years have not elapsed
since the date of such conviction;
(d))) Has
had any judgment entered against him or her in any civil action
involving forgery, embezzlement, obtaining money under false pretenses,
larceny, extortion, or conspiracy to defraud and five years have not elapsed
since the date of the entry of the final judgment in said action: PROVIDED,
That in no event shall a license be issued unless the judgment debt has been
discharged;
(((e)))
(b) Has had his or her license to practice law suspended or
revoked and two years have not elapsed since the date of such suspension or
revocation, unless he or she has been relicensed to practice law in this
state;
(((f)))
(c) Has had any judgment entered against ((him or it)) such a
person under the provisions of RCW 19.86.080 or 19.86.090 involving a violation
or violations of RCW 19.86.020 and two years have not elapsed since the entry
of the final judgment: PROVIDED, That in no event shall a license be issued
unless the terms of such judgment, if any, have been fully complied with:
PROVIDED FURTHER, That said judgment shall not be grounds for denial,
suspension, nonrenewal, or revocation of a license unless the judgment arises
out of and is based on acts of the applicant, owner, officer, director,
managing employee, or licensee while acting for or as a collection agency or an
out-of-state collection agency;
(((g)))
(d) Has petitioned for bankruptcy, and two years have not elapsed since
the filing of ((said)) the petition;
(((h)
Shall be)) (e) Is insolvent in the sense that ((his or its)) the
person's liabilities exceed ((his or its)) the person's
assets or in the sense that ((he or it)) the person cannot meet
((his or its)) obligations as they mature;
(((i)))
(f) Has failed to pay any civil, monetary penalty assessed in accordance
with RCW 19.16.351 ((or 19.16.360)) within ten days after the assessment
becomes final;
(((j)))
(g) Has ((knowingly)) failed to comply with, or violated any
provisions of this chapter or any rule or regulation issued pursuant to this
chapter, and two years have not elapsed since the occurrence of said
noncompliance or violation; or
(((k)))
(h) Has been found by a court of competent jurisdiction to have violated
the federal fair debt collection practices act, 15 U.S.C. Sec. 1692 et seq., or
the Washington state consumer protection act, chapter 19.86 RCW, and two years
have not elapsed since that finding.
Except
as otherwise provided in this section, any person who is engaged in the
collection agency business as of January 1, 1972, shall, upon filing the
application, paying the fees, and filing the surety bond or cash deposit or
other negotiable security in lieu of bond required by this chapter, be issued a
license under this chapter.
The
director shall immediately suspend the license or certificate of a person who
has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a support order ((or
a residential or visitation order)). If the person has continued to meet
all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the director's receipt of a
release issued by the department of social and health services stating that the
licensee is in compliance with the order.
Sec.
267. RCW
19.16.351 and 1977 ex.s. c 194 s 2 are each amended to read as follows:
The
board, in addition to any other powers and duties granted under this chapter and
section 104 of this act:
(1)
May adopt, amend, and rescind ((such)) rules ((and regulations))
for its own organization and procedure and ((such)) other rules ((and
regulations)) as it may deem necessary in order to perform its duties ((hereunder))
under this chapter.
(2)
((When an applicant or licensee has requested a hearing as provided in RCW
19.16.360 the board shall meet and after notice and hearing may deny any
application for a license hereunder, and may fail to renew, suspend, or revoke
any license issued hereunder, if the applicant or licensee has failed to comply
with or violated any provision of this chapter or any rule or regulation issued
pursuant to this chapter. In its discretion, the board may assess a civil,
monetary penalty against a licensee in an amount not to exceed one thousand
dollars in lieu of or in addition to suspension. It shall be the duty of the
board within thirty days after the last day of hearing to notify the appellant
of its decision.
(3))) May
inquire into the needs of the collection agency business, the needs of the
director, and the matter of the policy of the director in administering this
chapter, and make such recommendations with respect thereto as, after
consideration, may be deemed important and necessary for the welfare of the state,
the welfare of the public, and the welfare and progress of the collection
agency business.
(((4)))
(3) Upon request of the director, confer and advise in matters relating
to the administering of this chapter.
(((5)))
(4) May consider and make appropriate recommendations to the director in
all matters referred to the board.
(((6)))
(5) Upon ((his)) request of the director, confer with and
advise the director in the preparation of any rules ((and regulations))
to be adopted, amended, or repealed.
(((7)))
(6) May assist the director in the collection of such information and
data as the director may deem necessary to the proper administration of this
chapter.
NEW
SECTION. Sec. 268. A
new section is added to chapter 19.16 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
269. RCW
19.31.070 and 1969 ex.s. c 228 s 7 are each amended to read as follows:
(1)
The director shall administer the provisions of this chapter and shall issue
from time to time reasonable rules and regulations for enforcing and carrying
out the provisions and purposes of this chapter.
(2)
((The director shall have power to compel the attendance of witnesses by the
issuance of subpoenas, to administer oaths, and to take testimony and proofs
concerning all matters pertaining to the administration of this chapter.
(3))) The
director shall have supervisory and investigative authority over all employment
agencies. Upon receiving a complaint against any employment agency, the
director shall have the right to examine all books, documents, or records in
its possession. In addition, the director may examine the office or offices
where business is or shall be conducted by such agency.
Sec.
270. RCW
19.31.130 and 1997 c 58 s 848 are each amended to read as follows:
(1)
In accordance with the provisions of chapter 34.05 RCW ((as now or as
hereafter amended)), the director may by order ((deny, suspend or revoke))
sanction the license of any employment agency under section 112 of
this act, if ((he)) the director finds that the applicant or
licensee((:
(a)
Was previously the holder of a license issued under this chapter, which was
revoked for cause and never reissued by the director, or which license was
suspended for cause and the terms of the suspension have not been fulfilled;
(b)
Has been found guilty of any felony within the past five years involving moral
turpitude, or for any misdemeanor concerning fraud or conversion, or suffering
any judgment in any civil action involving wilful fraud, misrepresentation or
conversion;
(c)
Has made a false statement of a material fact in his application or in any data
attached thereto;
(d))) has
violated any provisions of this chapter, or failed to comply with any rule or
regulation issued by the director pursuant to this chapter.
(2)
The director shall immediately suspend the license or certificate of a person
who has been certified pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance with a support order
((or a residential or visitation order)). If the person has continued
to meet all other requirements for reinstatement during the suspension,
reissuance of the license or certificate shall be automatic upon the director's
receipt of a release issued by the department of social and health services
stating that the licensee is in compliance with the order.
NEW
SECTION. Sec. 271. A
new section is added to chapter 19.31 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
272. RCW
19.105.350 and 1988 c 159 s 10 are each amended to read as follows:
(1)
If the purchaser will own or acquire title to specified real property or
improvements to be acquired by the camping resort, the director may by order
require to the extent necessary to protect the interests of the purchasers or
owners of camping resort contracts, that an appropriate portion of the proceeds
paid under those camping resort contracts be placed in a separate reserve fund
to be set aside and applied toward the purchase price of the real property,
improvements, or facilities.
(2)
The director may ((deny or suspend)) take any of the actions
authorized in section 112 of this act against a registration in which the
registrant is advertising or offering annual or periodic dues or assessments by
members that the director finds would result in the registrant's future
inability to fund operating costs.
Sec.
273. RCW
19.105.380 and 1997 c 58 s 850 are each amended to read as follows:
(1)
((A registration or an application for registration of camping resort
contracts or renewals thereof may by order be denied, suspended, or revoked if
the director finds that)) In addition to the unprofessional conduct in
section 114 of this act, the director may take disciplinary action for the
following conduct, acts, or conditions:
(a)
((The advertising, sales techniques, or trade practices of the applicant,
registrant, or its affiliate or agent have been or are deceptive, false, or
misleading;
(b))) The
applicant ((or)), registrant, or affiliate has failed to
file copies of the camping resort contract form under RCW 19.105.360;
(((c)))
(b) The applicant, registrant, or affiliate has failed to comply with
any provision of this chapter((, the rules adopted or the conditions of a
permit granted under this chapter, or a stipulation or final order previously
entered into by the operator or issued by the department under this chapter));
(((d)))
(c) The applicant's, registrant's, or affiliate's offering of camping
resort contracts has worked or would work a fraud upon purchasers or owners of
camping resort contracts;
(((e)))
(d) The camping resort operator or any officer, director, or affiliate
of the camping resort operator has been ((within the last five years
convicted of or pleaded nolo contendre to any misdemeanor or felony involving
conversion, embezzlement, theft, fraud, or dishonesty, has been)) enjoined
from or had any civil penalty assessed for a finding of dishonest dealing or
fraud in a civil suit, or been found to have engaged in any violation of any
act designed to protect consumers, or has been engaged in dishonest practices
in any industry involving sales to consumers;
(((f)))
(e) The applicant or registrant has represented or is representing to
purchasers in connection with the offer or sale of a camping resort contract
that a camping resort property, facility, amenity camp site, or other
development is planned, promised, or required, and the applicant or registrant
has not provided the director with a security or assurance of performance as
required by this chapter;
(((g)))
(f) The applicant or registrant has not provided or is no longer
providing the director with the necessary security arrangements to ((assure))
ensure future availability of titles or properties as required by this
chapter or agreed to in the permit to market;
(((h)))
(g) The applicant or registrant is or has been employing unregistered
salespersons or offering or proposing a membership referral program not in
compliance with this chapter;
(((i)))
(h) The applicant or registrant has breached any escrow, impound,
reserve account, or trust arrangement or the conditions of an order or permit
to market required by this chapter;
(((j)
The applicant or registrant has breached any stipulation or order entered into
in settlement of the department's filing of a previous administrative action;
(k))) (i)
The applicant or registrant has filed or caused to be filed with the director
any document or affidavit, or made any statement during the course of a
registration or exemption procedure with the director, that is materially
untrue or misleading;
(((l)))
(j) The applicant or registrant has engaged in a practice of failing to
provide the written disclosures to purchasers or prospective purchasers as
required under this chapter;
(((m)))
(k) The applicant, registrant, or any of its officers, directors, or
employees, if the operator is other than a natural person, have willfully
done, or permitted any of their salespersons or agents to do, any of the
following:
(i)
Engage in a pattern or practice of making untrue or misleading statements of a
material fact, or omitting to state a material fact;
(ii)
Employ any device, scheme, or artifice to defraud purchasers or members;
(iii)
Engage in a pattern or practice of failing to provide the written disclosures
to purchasers or prospective purchasers as required under this chapter;
(((n)))
(l) The applicant or registrant has failed to provide a bond, letter of
credit, or other arrangement to ((assure)) ensure delivery of
promised gifts, prizes, awards, or other items of consideration, as required
under this chapter, breached such a security arrangement, or failed to maintain
such a security arrangement in effect because of a resignation or loss of a
trustee, impound, or escrow agent;
(((o)))
(m) The applicant or registrant has engaged in a practice of selling
contracts using material amendments or codicils that have not been filed or are
the consequences of breaches or alterations in previously filed contracts;
(((p)))
(n) The applicant or registrant has engaged in a practice of selling or
proposing to sell contracts in a ratio of contracts to sites available in
excess of that filed in the affidavit required by this chapter;
(((q)))
(o) The camping resort operator has withdrawn, has the right to
withdraw, or is proposing to withdraw from use all or any portion of any
camping resort property devoted to the camping resort program, unless:
(i)
Adequate provision has been made to provide within a reasonable time thereafter
a substitute property in the same general area that is at least as desirable
for the purpose of camping and outdoor recreation;
(ii)
The property is withdrawn because, despite good faith efforts by the camping
resort operator, a nonaffiliate of the camping resort has exercised a right of
withdrawal from use by the camping resort (such as withdrawal following
expiration of a lease of the property to the camping resort) and the terms of
the withdrawal right have been disclosed in writing to all purchasers at or
prior to the time of any sales of camping resort contracts after the camping
resort has represented to purchasers that the property is or will be available
for camping or recreation purposes;
(iii)
The specific date upon which the withdrawal becomes effective has been
disclosed in writing to all purchasers and members prior to the time of any
sales of camping resort contracts after the camping resort has represented to
purchasers that the property is or will be available for camping or recreation
purposes;
(iv)
The rights of members and owners of the camping resort contracts under the
express terms of the camping resort contract have expired, or have been
specifically limited, upon the lapse of a stated or determinable period of
time, and the director by order has found that the withdrawal is not otherwise
inconsistent with the protection of purchasers or the desire of the majority of
the owners of camping resort contracts, as expressed in their previously
obtained vote of approval;
(((r)))
(p) The format, form, or content of the written disclosures provided
therein is not complete, full, or materially accurate, or statements made
therein are materially false, misleading, or deceptive;
(((s)
The applicant or registrant has failed or declined to respond to any subpoena
lawfully issued and served by the department under this chapter;
(t))) (q)
The applicant or registrant has failed to file an amendment for a material
change in the manner or at the time required under this chapter or its
implementing rules;
(((u)))
(r) The applicant or registrant has filed voluntarily or been placed
involuntarily into a federal bankruptcy or is proposing to do so; or
(((v)))
(s) A camping resort operator's rights or interest in a campground has
been terminated by foreclosure or the operations in a camping resort have been
terminated in a manner contrary to contract provisions.
(2)
((Any applicant or registrant who has violated subsection (1)(a), (b), (c),
(f), (h), (i), (j), (l), (m), or (n) of this section may be fined by the
director in an amount not to exceed one thousand dollars for each such
violation. Proceedings seeking such fines shall be held in accordance with
chapter 34.05 RCW and may be filed either separately or in conjunction with
other administrative proceedings to deny, suspend, or revoke registrations
authorized under this chapter. Fines collected from such proceedings shall be
deposited in the state general fund.
(3))) An
operator, registrant, or applicant against whom administrative or legal
proceedings have been filed shall be responsible for and shall reimburse the
state, by payment into the general fund, for all administrative and legal costs
actually incurred by the department in issuing, processing, and conducting any
such administrative or legal proceeding authorized under this chapter that
results in a final legal or administrative determination of any type or degree in
favor of the department.
(((4)
No order may be entered under this section without appropriate prior notice to
the applicant or registrant of opportunity for a hearing and written findings
of fact and conclusions of law, except that the director may by order summarily
deny an application for registration or renewal under any of the above
subsections and may summarily suspend or revoke a registration under subsection
(1)(d), (f), (g), (h), (i), (k), (l), (m), and (n) of this section. No fine
may be imposed by summary order.
(5)
The proceedings to deny an application or renewal, suspend or revoke a
registration or permit, whether summarily or otherwise, or impose a fine shall
be held in accordance with chapter 34.05 RCW.
(6))) (3)
The director may enter into assurances of discontinuance in lieu of issuing a
statement of charges or a cease and desist order or conducting a hearing under
this chapter. The assurances shall consist of a statement of the law in
question and an agreement not to violate the stated provision. The applicant
or registrant shall not be required to admit to any violation of the law, nor
shall the assurance be construed as such an admission. Violating or breaching
an assurance under this subsection is grounds for suspension or revocation of
registration or imposition of a fine.
(((7)))
(4) The director shall immediately suspend the license or certificate of
a person who has been certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support
order ((or a residential or visitation order)). If the person has
continued to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be automatic upon
the director's receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with the order.
Sec.
274. RCW
19.105.440 and 1997 c 58 s 851 are each amended to read as follows:
(1)
A salesperson may apply for registration by filing in a complete and readable
form with the director an application form provided by the director ((which))
that includes the following:
(a)
A statement whether or not the applicant ((within the past five years has
been convicted of, pleaded nolo contendre to, or been ordered to serve
probation for a period of a year or more for any misdemeanor or felony
involving conversion, embezzlement, theft, fraud, or dishonesty or the
applicant has been enjoined from, had any civil penalty assessed for, or)) has
been found to have engaged in any violation of any act designed to protect
consumers and whether the applicant is qualified for licensure under section
114 of this act;
(b)
A statement fully describing the applicant's employment history for the past
five years and whether or not any termination of employment ((during the
last five years)) was the result of any theft, fraud, or act of dishonesty;
(c)
A consent to service comparable to that required of operators under this
chapter; and
(d)
Required filing fees.
(2)
((The director may by order deny, suspend, or revoke a camping resort
salesperson's registration or application for registration under this chapter
or the person's license or application under chapter 18.85 RCW, or impose a
fine on such persons not exceeding two hundred dollars per violation, if the
director finds that the order is necessary for the protection of purchasers or
owners of camping resort contracts and the applicant or registrant is guilty of))
In addition to the unprofessional conduct specified in section 114 of this
act, the director may take disciplinary action against a camping resort
salesperson's registration or application for registration under this chapter
or the person's license or application under chapter 18.85 RCW for any of the
following conduct, acts, or conditions:
(a)
((Obtaining registration by means of fraud, misrepresentation, or
concealment, or through the mistake or inadvertence of the director;
(b)))
Violating any of the provisions of this chapter or any lawful rules adopted by
the director pursuant thereto;
(((c)
Being convicted in a court of competent jurisdiction of this or any other
state, or federal court, of forgery, embezzlement, obtaining money under false
pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar
offense or offenses. For the purposes of this section, "being
convicted" 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;
(d))) (b)
Making, printing, publishing, distributing, or causing, authorizing, or
knowingly permitting the making, printing, publication, or distribution of
false statements, descriptions, or promises of such character as to reasonably
induce any person to act thereon, if the statements, descriptions, or promises
purport to be made or to be performed by either the applicant or registrant and
the applicant or registrant then knew or, by the exercise of reasonable care
and inquiry, could have known, of the falsity of the statements, descriptions,
or promises;
(((e)))
(c) Knowingly committing, or being a party to, any material fraud,
misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device
whereby any other person lawfully relies upon the work, representation, or
conduct of the applicant or registrant;
(((f)
Failing, upon demand, to disclose to the director or the director's authorized
representatives acting by authority of law any information within his or her
knowledge or to produce for inspection any document, book or record in his or
her possession, which is material to the salesperson's registration or
application for registration;
(g))) (d)
Continuing to sell camping resort contracts in a manner whereby the interests
of the public are endangered, if the director has, by order in writing, stated
objections thereto;
(((h)
Committing any act of fraudulent or dishonest dealing or a crime involving
moral turpitude, and a certified copy of the final holding of any court of
competent jurisdiction in such matter shall be conclusive evidence in any
hearing under this chapter;
(i))) (e)
Misrepresentation of membership in any state or national association; or
(((j)))
(f) Discrimination against any person in hiring or in sales activity on
the basis of race, color, creed, or national origin, or violating any state or
federal antidiscrimination law.
(3)
((No order may be entered under this section without appropriate prior
notice to the applicant or registrant of opportunity for a hearing and written
findings of fact and conclusions of law, except that the director may by order
summarily deny an application for registration under this section.
(4)
The proceedings to deny an application or renewal, suspend or revoke a
registration or permit, whether summarily or otherwise, or impose a fine shall
be held in accordance with chapter 34.05 RCW.
(5))) The
director, subsequent to any complaint filed against a salesperson or pursuant
to an investigation to determine violations, may enter into stipulated
assurances of discontinuances in lieu of issuing a statement of charges or a
cease and desist order or conducting a hearing. The assurance shall consist of
a statement of the law in question and an agreement not to violate the stated
provision. The salesperson shall not be required to admit to any violation of
the law, nor shall the assurance be construed as such an admission. Violation
of an assurance under this subsection is grounds for ((a)) disciplinary
action((, a suspension of registration, or a fine not to exceed one thousand
dollars)).
(((6)))
(4) The director may by rule require such further information or conditions
for registration as a camping resort salesperson, including qualifying
examinations and fingerprint cards prepared by authorized law enforcement
agencies, as the director deems necessary to protect the interests of
purchasers.
(((7)))
(5) Registration as a camping resort salesperson shall be effective for
a period of one year unless the director specifies otherwise or the salesperson
transfers employment to a different registrant. Registration as a camping
resort salesperson shall be renewed annually, or at the time of transferring
employment, whichever occurs first, by the filing of a form prescribed by the
director for that purpose.
(((8)))
(6) It is unlawful for a registrant of camping resort contracts to
employ or a person to act as a camping resort salesperson covered under this
section unless the salesperson has in effect with the department and displays a
valid registration in a conspicuous location at each of the sales offices at
which the salesperson is employed. It is the responsibility of both the
operator and the salesperson to notify the department when and where a
salesperson is employed, his or her responsibilities and duties, and when the
salesperson's employment or reported duties are changed or terminated.
(((9)))
(7) The director shall immediately suspend the license or certificate of
a person who has been certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support
order ((or a residential or visitation order)). If the person has
continued to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be automatic upon
the director's receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with the order.
Sec.
275. RCW
19.105.470 and 2000 c 171 s 69 are each amended to read as follows:
(1)
Whenever it appears to the director that any person has engaged or is about to
engage in any act or practice constituting a violation of any provision of this
chapter, any withdrawal of a camping resort property in violation of RCW
19.105.380(1)(((q))) (o), or any rule, order, or permit issued
under this chapter, the director may in his or her discretion issue an order
directing the person to cease and desist from continuing the act or practice.
((Reasonable notice of and opportunity for a hearing shall be given.)) The
procedures in section 116 of this act apply to these cease and desist orders.
However, the director may issue a temporary order pending the hearing which
shall be effective immediately upon delivery to the person affected and which
shall remain in effect until ten days after the hearing is held and which shall
become final if the person to whom notice is addressed does not request a
hearing ((within fifteen days after receipt of notice)).
(2)
If it appears necessary in order to protect the interests of members and
purchasers, whether or not the director has issued a cease and desist order,
the attorney general in the name of the state, the director, the proper
prosecuting attorney, an affiliated members' common-interest association, or a
group of members as a class, may bring an action in any court of competent
jurisdiction to enjoin any such acts or practices and to enforce compliance
with this chapter or any rule, order, or permit under this chapter. Upon a
proper showing, a permanent or temporary injunction, restraining order, or writ
of mandamus shall be granted and a receiver or conservator may be appointed for
the defendant, for the defendant's assets, or to protect the interests or
assets of a members' common-interest association or the members of a camping
resort as a class. The state, the director, a members' common-interest
association, or members as a class shall not be required to post a bond in such
proceedings.
NEW
SECTION. Sec. 276. A
new section is added to chapter 19.105 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
277. RCW
19.138.120 and 1999 c 238 s 4 are each amended to read as follows:
(1)
Each seller of travel shall renew its registration on or before July 1st
of every year or as otherwise determined by the director.
(2)
Renewal of a registration is subject to the same provisions covering ((issuance,
suspension, and revocation of)) disciplinary action as a
registration originally issued.
(3) The director may refuse to renew a registration for any of the
grounds set out under RCW 19.138.130 and section 114 of this act, and
where the past conduct of the applicant affords reasonable grounds for belief
that the applicant will not carry out the applicant's duties in accordance with
law and with integrity and honesty. The director shall promptly notify the
applicant in writing by certified mail of its intent to refuse to renew the
registration. The registrant may((, within twenty-one days after receipt of
that notice or intent,)) request a hearing on the refusal as provided in
section 106 of this act. The director may permit the registrant to honor
commitments already made to its customers, but no new commitments may be
incurred, unless the director is satisfied that all new commitments are
completely bonded or secured to ((insure)) ensure that the
general public is protected from loss of money paid to the registrant. ((It
is the responsibility of the registrant to contest the decision regarding
conditions imposed or registration denied through the process established by
the administrative procedure act, chapter 34.05 RCW.))
Sec.
278. RCW
19.138.130 and 1999 c 238 s 5 are each amended to read as follows:
(1)
((The director may deny, suspend, or revoke the registration of a seller of
travel if the director finds that the applicant)) In addition to the
unprofessional conduct described in section 114 of this act, the director may
take disciplinary action based on the following conduct, acts, or conditions if
the applicant or registrant:
(a)
Was previously the holder of a registration issued under this chapter, and the
registration was revoked for cause and never reissued by the director, or the
registration was suspended for cause and the terms of the suspension have not
been fulfilled;
(b)
((Has been found guilty of a felony within the past ten years involving
moral turpitude, or of a misdemeanor concerning fraud or conversion, or)) Suffers
a judgment in a civil action involving willful fraud, misrepresentation, or
conversion;
(c)
((Has made a false statement of a material fact in an application under this
chapter or in data attached to it;
(d))) Has
violated this chapter or failed to comply with a rule adopted by the director
under this chapter; or
(((e)))
(d) Has failed to display the registration as provided in this chapter((;
(f)
Has published or circulated a statement with the intent to deceive,
misrepresent, or mislead the public; or
(g)
Has committed a fraud or fraudulent practice in the operation and conduct of a
travel agency business, including, but not limited to, intentionally misleading
advertising)).
(2)
If the seller of travel is found in violation of this chapter or in violation
of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment
or by settlement of a claim, the director may revoke the registration of the
seller of travel, and the director may reinstate the registration at the
director's discretion.
(3)
The director shall immediately suspend the license or certificate of a person
who has been certified pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance with a support order
((or a residential or visitation order)). If the person has continued
to meet all other requirements for reinstatement during the suspension,
reissuance of the license or certificate shall be automatic upon the director's
receipt of a release issued by the department of social and health services
stating that the licensee is in compliance with the order.
Sec.
279. RCW
19.138.170 and 1999 c 238 s 7 are each amended to read as follows:
The
director has the following powers and duties:
(1)
To adopt, amend, and repeal rules to carry out the purposes of this chapter;
(2)
((To issue and renew registrations under this chapter and to deny or refuse
to renew for failure to comply with this chapter;
(3)
To suspend or revoke a registration for a violation of this chapter;
(4))) To
establish fees;
(((5)))
(3) Upon receipt of a complaint, to inspect and audit the books and
records of a seller of travel. The seller of travel shall immediately make
available to the director those books and records as may be requested at the
seller of travel's place of business or at a location designated by the
director. For that purpose, the director shall have full and free access to
the office and places of business of the seller of travel during regular business
hours. When ten or more complaints have been received by either the department
or the attorney general on a seller of travel within a period of ninety days,
the department shall inspect and audit books and records of the seller of
travel; and
(((6))) (4) To do all things necessary to carry out
the functions, powers, and duties set forth in this chapter.
Sec.
280. RCW
19.138.180 and 1994 c 237 s 15 are each amended to read as follows:
The director, in the director's discretion, may:
(1)
Annually, or more frequently, make public or private investigations within or
without this state as the director deems necessary to determine whether a
registration should be ((granted, denied, revoked, or suspended)) subject
to disciplinary action, or whether a person has violated or is about to
violate this chapter or a rule adopted or order issued under this chapter, or
to aid in the enforcement of this chapter or in the prescribing of rules and
forms of this chapter;
(2)
Publish information concerning a violation of this chapter or a rule adopted or
order issued under this chapter; and
(3)
Investigate complaints concerning practices by sellers of travel for which
registration is required by this chapter.
Sec.
281. RCW
19.138.200 and 1994 c 237 s 20 are each amended to read as follows:
The
director or individuals acting on the director's behalf are immune from suit in
any action, civil or criminal, based on ((disciplinary proceedings or other
official)) acts performed in the course of their duties in the
administration and enforcement of this chapter.
Sec.
282. RCW
19.138.240 and 1994 c 237 s 21 are each amended to read as follows:
(1)
((The director may assess against a person or organization that violates
this chapter, or a rule adopted under this chapter, a civil penalty of not more
than one thousand dollars for each violation.
(2)
The person or organization shall be afforded the opportunity for a hearing, upon
request made to the director within thirty days after the date of issuance of
the notice of assessment. The hearing shall be conducted in accordance with
chapter 34.05 RCW.
(3))) A
civil penalty shall be imposed by the court for each violation of this chapter
in an amount not less than five hundred dollars nor more than two thousand
dollars per violation.
(((4)))
(2) If a person fails to pay an assessment after it has become a final
and unappealable order, or after the court has entered final judgment in favor
of the state, the director may recover the amount assessed by action in the
appropriate superior court. In the action, the validity and appropriateness of
the final order imposing the penalty shall not be subject to review.
NEW
SECTION. Sec. 283. A
new section is added to chapter 19.138 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
284. RCW
19.158.040 and 1989 c 20 s 4 are each amended to read as follows:
In
addition to the unprofessional conduct described in section 114 of this act,
the director of the department of licensing may take disciplinary action for
any of the following conduct, acts, or conditions:
(1)
It shall be unlawful for any person to engage in unfair or deceptive commercial
telephone solicitation.
(2)
A commercial telephone solicitor shall not place calls to any residence which
will be received before 8:00 a.m. or after 9:00 p.m. at the purchaser's local
time.
(3)
A commercial telephone solicitor may not engage in any conduct the natural
consequence of which is to harass, intimidate, or torment any person in
connection with the telephone call.
Sec.
285. RCW
19.158.050 and 1997 c 58 s 853 are each amended to read as follows:
(1)
In order to maintain or defend a lawsuit or do any business in this state, a
commercial telephone solicitor must be registered with the department of
licensing. Prior to doing business in this state, a commercial telephone
solicitor shall register with the department of licensing. Doing business in
this state includes both commercial telephone solicitation from a location in
Washington and solicitation of purchasers located in Washington.
(2)
The department of licensing, in registering commercial telephone solicitors,
shall have the authority to require the submission of information necessary to
assist in identifying and locating a commercial telephone solicitor, including
past business history, prior judgments, and such other information as may be useful
to purchasers.
(3)
The department of licensing shall issue a registration number to the commercial
telephone solicitor.
(4)
((It is a violation of this chapter for a commercial telephone solicitor to:))
In addition to the unprofessional conduct described in section 114 of this
act, the director of the department of licensing may take disciplinary action
for any of the following conduct, acts, or conditions:
(a)
Failing to maintain a valid registration;
(b)
((Advertise)) Advertising that one is registered as a commercial
telephone solicitor or ((to)) representing that such registration
constitutes approval or endorsement by any government or governmental office or
agency;
(c)
((Provide inaccurate or incomplete information to the department of
licensing when making a registration application; or
(d)))
Representing that a person is registered or that such person has a valid
registration number when such person does not.
(5)
An annual registration fee shall be assessed by the department of licensing,
the amount of which shall be determined at the discretion of the director of
the department of licensing, and which shall be reasonably related to the cost
of administering the provisions of this chapter.
(6)
The department shall immediately suspend the license or certificate of a person
who has been certified pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance with a support order
((or a residential or visitation order)). If the person has continued
to meet all other requirements for reinstatement during the suspension,
reissuance of the license or certificate shall be automatic upon the
department's receipt of a release issued by the department of social and health
services stating that the licensee is in compliance with the order.
NEW
SECTION. Sec. 286. A
new section is added to chapter 19.158 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
287. RCW
42.44.030 and 1985 c 156 s 3 are each amended to read as follows:
In
addition to the unprofessional conduct specified in section 114 of this act, the
director may deny appointment as a notary public to any person ((who)) based
on the following conduct, acts, or conditions:
(1)
((Has been convicted of a serious crime;
(2))) Has
had ((a notary appointment or other)) disciplinary action taken
against any professional license ((revoked, suspended, or restricted))
in this or any other state; or
(((3)))
(2) Has engaged in official misconduct as defined in ((section 17(1)
of this act)) RCW 42.44.160(1), whether or not criminal penalties
resulted((; or
(4)
Has performed a notarial act or acts in a manner found by the director to
constitute gross negligence, a course of negligent conduct, or reckless
disregard of his or her responsibility as a notary public)).
The
director shall deliver a certificate evidencing the appointment to each person
appointed as a notary public. The certificate may be signed in facsimile by
the governor, the secretary of state, and the director or the director's
designee. The certificate must bear a printed seal of the state of Washington.
Sec.
288. RCW
42.44.060 and 1985 c 156 s 6 are each amended to read as follows:
A
person appointed as a notary public by the director may perform notarial acts
in this state for a term of four years, unless:
(1)
Disciplinary action has been taken against the notarial appointment ((has
been revoked under RCW 42.44.130 or 42.44.140)), including a shorter
term, suspension, or revocation; or
(2)
The notarial appointment has been resigned.
Sec.
289. RCW
42.44.160 and 1985 c 156 s 16 are each amended to read as follows:
(1)
A notary public commits official misconduct when he or she signs a certificate
evidencing a notarial act, knowing that the contents of the certificate are
false. Official misconduct also constitutes unprofessional conduct for
which disciplinary action may be taken.
(2)
A notary public who commits an act of official misconduct shall be guilty of a
gross misdemeanor.
(3)
Any person not appointed as a notary public who acts as or otherwise
impersonates a notary public shall be guilty of a gross misdemeanor.
Sec.
290. RCW
42.44.170 and 1985 c 156 s 17 are each amended to read as follows:
(1)
((The director may revoke the appointment of any notary public for any
reason for which appointment may be denied under RCW 42.44.030.
(2))) The
director shall revoke the appointment of a notary public upon a judicial
finding of incompetency of the notary public. If a notary public is found to
be incompetent, his or her guardian or conservator shall within thirty days of
such finding mail or deliver to the director a letter of resignation on behalf
of the notary public.
(((3)))
(2) A notary public may voluntarily resign by mailing or delivering to
the director a letter of resignation.
Sec.
291. RCW
42.44.190 and 1985 c 156 s 20 are each amended to read as follows:
((On
or before January 1, 1986,)) The director ((shall)) may
adopt rules ((to carry out)) consistent with this chapter. Such
rules shall include but shall not be limited to rules concerning applications
for appointment, application and renewal fees, fees chargeable for notarial
services, the replacement of lost or stolen seals or stamps, changes of names
or addresses of notaries, resignations of notaries, ((appeals of denials and
revocations of appointments,)) and issuance of evidences of authenticity of
notarial seals and signatures.
NEW
SECTION. Sec. 292. A
new section is added to chapter 42.44 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
293. RCW
46.72.100 and 1983 c 164 s 8 are each amended to read as follows:
In
addition to the unprofessional conduct specified in section 114 of this act, the
director may ((refuse to issue a permit or certificate, or he may suspend or
revoke a permit or certificate)) take disciplinary action if he or
she has good reason to believe that one of the following is true of the
operator or the applicant for a permit or certificate: (1) ((He has been
convicted of an offense of such a nature as to indicate that he is unfit to
hold a certificate or permit; (2))) He or she is guilty of
committing two or more offenses for which mandatory revocation of driver's
license is provided by law; (((3))) (2) he or she has been
convicted of vehicular homicide or vehicular assault; (((4))) (3)
he or she is intemperate or addicted to the use of narcotics.
((Notice
of the director to refuse, suspend, or revoke the permit or certificate shall
be given by certified mail to the holder or applicant for the permit or
certificate and shall designate a time and place for a hearing before the
director, which shall not be less than ten days from the date of the notice.
If the director, after the hearing, decides that a permit shall be canceled or
revoked, he shall notify the holder or applicant to that effect by certified
mail. The applicant or permit holder may within thirty days from the date of
the decision appeal to the superior court of Thurston county for a review of
the decision by filing a copy of the notice with the clerk of the superior
court and a copy of the notice in the office of the director. The court shall
set the matter down for hearing with the least possible delay.))
Any
for hire operator who operates a for hire vehicle without first having filed a
bond or insurance policy and having received a for hire permit and a for hire
certificate as required by this chapter is guilty of a gross misdemeanor, and
upon conviction shall be punished by imprisonment in jail for a period not
exceeding ninety days or a fine of not exceeding five hundred dollars, or both
fine and imprisonment.
NEW
SECTION. Sec. 294. A
new section is added to chapter 46.72 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
295. RCW
46.72A.100 and 1996 c 87 s 13 are each amended to read as follows:
The
((department may suspend, revoke, or refuse to issue a license if it has
good reason to believe that)) director may impose any of the sanctions
specified in section 112 of this act for unprofessional conduct as described in
section 114 of this act or if one of the following is true of a chauffeur
hired to drive a limousine including where such a chauffeur is also the
carrier: (1) The person has been convicted of an offense of such a nature
as to indicate that he or she is unfit to qualify as a chauffeur; (2) the
person is guilty of committing two or more offenses for which mandatory
revocation of a driver's license is provided by law; (3) the person has been
convicted of vehicular homicide or vehicular assault; (4) the person is
intemperate or addicted to narcotics.
NEW
SECTION. Sec. 296. A
new section is added to chapter 46.72A RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
297. RCW
64.36.040 and 1983 1st ex.s. c 22 s 5 are each amended to read as follows:
If
no stop order is in effect and no proceeding is pending under RCW 64.36.100, a complete
registration application becomes effective at 3:00 p.m. Pacific Standard Time
on the afternoon of the thirtieth calendar day after the filing of the
application or the last amendment or at such earlier time as the director
determines.
Sec.
298. RCW
64.36.090 and 1987 c 370 s 9 are each amended to read as follows:
The
director may ((by order deny, suspend, or revoke)) take disciplinary
action against a timeshare salesperson's registration or application for
registration or a salesperson's license under chapter 18.85 RCW who is selling
under this chapter, if the director finds that the ((order is in the public
interest and the)) applicant or registrant has committed unprofessional
conduct as described in section 114 of this act. In addition, the director may
take disciplinary action if the applicant or registrant:
(1)
Has filed an application for registration as a timeshare salesperson or as a
licensee under chapter 18.85 RCW which, as of its effective date, is incomplete
in any material respect ((or contains any statement which is, in the light
of the circumstances under which it was made, false or misleading with respect
to any material fact));
(2)
Has violated or failed to comply with any provision of this chapter or a
predecessor act or any rule or order issued under this chapter or a predecessor
act;
(3)
((Has been convicted within the past five years of any misdemeanor or felony
involving theft, fraud, or any consumer protection statute, or any felony
involving moral turpitude;
(4))) Is
permanently or temporarily enjoined by any court or administrative order from
engaging in or continuing any conduct or practice involving any aspect of the
timeshare business;
(((5)))
(4) Has engaged in dishonest or unethical practices in the timeshare,
real estate, or camp resort business;
(((6)))
(5) Is insolvent either in the sense that the individual's liabilities
exceed his or her assets or in the sense that the individual cannot meet his or
her obligations as they mature; or
(((7)))
(6) Has not complied with any condition imposed by the director or is
not qualified on the basis of such factors as training, experience, or
knowledge of the timeshare business or this chapter.
((The
director may by order summarily postpone or suspend registration of the
salesperson pending final determination of any proceeding under RCW 64.36.180.))
Sec.
299. RCW
64.36.100 and 1987 c 370 s 10 are each amended to read as follows:
(((1)))
The director may ((issue an order denying, suspending, or revoking)) deny
or take disciplinary action against any timeshare application or
registration if the director finds that the ((order is in the public
interest and that)) applicant or registrant has engaged in
unprofessional conduct as described in section 114 of this act. In addition,
the director may deny or take disciplinary action based on the following
conduct, acts, or conditions:
(((a)))
(1) The application, written disclosure, or registration is incomplete
((or contains any statement which is false or misleading with respect to any
material fact));
(((b)
Any provision of this chapter, the permit to market, or any rule or order
lawfully issued under this chapter has been violated by the promoter, its
affiliates, or any natural person whose signature is required under this
chapter;
(c))) (2)
The activities of the promoter include, or would include, activities which are
unlawful or in violation of a law, rule, or ordinance in this state or another
jurisdiction;
(((d)))
(3) The timeshare offering has worked or tended to work a fraud on
purchasers, or would likely be adverse to the interests or the economic or
physical welfare of purchasers;
(((e)))
(4) The protections and security arrangements to ((assure)) ensure
future quiet enjoyment required under RCW 64.36.130 have not been provided as
required by the director for the protection of purchasers((:));
or
(((f)))
(5) The operating budget proposed by the promoter or promoter-controlled
association appears inadequate to meet operating costs or funding of reserve
accounts or fees for a consultant to determine adequacy have not been paid by
the promoter.
(((2)
The director shall promptly notify the applicant or registrant of any order
denying, suspending, or revoking registration and of the applicant's or
registrant's right to request a hearing within fifteen days of notification.
If the applicant or registrant does not request a hearing, the order remains in
effect until the director modifies or vacates it.))
Sec.
300. RCW
64.36.195 and 1987 c 370 s 7 are each amended to read as follows:
The
director or persons to whom the director delegates such powers may enter into
assurances of discontinuance in lieu of issuing a statement of charges or a
cease and desist order or conducting a hearing under this chapter. The
assurances shall consist of a statement of the law in question and an agreement
to not violate the stated provision. The applicant or registrant shall not be
required to admit to any violation of the law, nor shall the assurance be
construed as such an admission. Violation or breaching of an assurance under
this section shall ((be grounds for a suspension, revocation of
registration, or imposition of a fine)) constitute unprofessional
conduct for which disciplinary action may be taken under sections 112 and 114
of this act.
Sec.
301. RCW
64.36.200 and 1983 1st ex.s. c 22 s 19 are each amended to read as follows:
(1)
The director may order any person to cease and desist from an act or practice
if it appears that the person is violating or is about to violate any provision
of this chapter or any rule or order issued under this chapter.
(2)
Upon the entry of the temporary order to cease and desist, the director shall
promptly notify the recipient of the order that it has been entered and the
reasons therefor and that if requested in writing by such person within fifteen
days after ((receipt)) service of the director's notification,
the matter will be scheduled for hearing which shall be held within a
reasonable time and in accordance with chapter 34.05 RCW. The temporary order
shall remain in effect until ten days after the hearing is held.
(3)
If a person does not request a hearing ((within fifteen days after receipt
of notice of opportunity for hearing)), the order shall become final.
(4)
Unlicensed timeshare activity is subject to section 116 of this act.
Sec.
302. RCW
64.36.220 and 1983 1st ex.s. c 22 s 21 are each amended to read as follows:
(1)
The attorney general, in the name of the state or the director, may bring an
action to enjoin any person from violating any provision of this chapter. Upon
a proper showing, the superior court shall grant a permanent or temporary
injunction, restraining order, or writ of mandamus. The court may make any
additional orders or judgments which may be necessary to restore to any person
any interest in any money or property, real or personal, which may have been
acquired by means of any act prohibited or declared to be unlawful under this
chapter. The prevailing party may recover costs of the action, including a
reasonable attorney's fee.
(2)
The superior court issuing an injunction shall retain jurisdiction. Any person
who violates the terms of an injunction shall pay a civil penalty of not more
than twenty-five thousand dollars.
(3)
The attorney general, in the name of the state or the director, may apply to
the superior court to appoint a receiver or conservator for any person, or the
assets of any person, who is subject to a cease and desist order, permanent or
temporary injunction, restraining order, or writ of mandamus.
(4)
((Any person who violates any provision of this chapter is subject to a
civil penalty not to exceed two thousand dollars for each violation. Civil
penalties authorized by this subsection shall be imposed in a civil action
brought by the attorney general and shall be deposited in the general fund of
the state treasury. Any action for recovery of a civil penalty shall be
commenced within five years of the date of the alleged violation)) Proceedings
for injunctions for unlicensed timeshare activity must be conducted under the
provisions of section 116 of this act.
Sec.
303. RCW
64.36.230 and 1983 1st ex.s. c 22 s 22 are each amended to read as follows:
(((1)))
Any person who violates RCW 64.36.020 is guilty of a gross misdemeanor
punishable under chapter 9A.20 RCW. Any person who knowingly violates RCW
64.36.020 or 64.36.210 is guilty of a class C felony punishable under chapter
9A.20 RCW. No indictment or information for a felony may be returned under
this chapter more than five years after the alleged violation.
(((2)
The director may refer evidence concerning violations of this chapter to the
attorney general or the proper prosecuting attorney who may, with or without
this reference, institute appropriate criminal proceedings.))
NEW
SECTION. Sec. 304. A
new section is added to chapter 64.36 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
305. RCW
67.08.010 and 1997 c 205 s 2 are each amended to read as follows:
(((1)))
The department shall have power to issue and ((for cause to revoke, suspend,
or deny)) take disciplinary action as provided in section 114 of this
act against a license to conduct, hold, or promote boxing, martial arts, or
wrestling events or closed circuit telecasts of these events as provided in
this chapter and chapter 18.--- RCW (sections 101 through 124 of this act)
under such terms and conditions and at such times and places as the department
may determine.
(((2)
In case the department revokes, suspends, or denies any license or issues a
fine, such applicant, or license shall be entitled, upon application, to a
hearing to be held under chapter 34.05 RCW, the administrative procedure act.))
Sec.
306. RCW
67.08.015 and 2000 c 151 s 2 are each amended to read as follows:
(1)
In the interest of ensuring the safety and welfare of the participants, the
department shall have power and it shall be its duty to direct, supervise, and
control all boxing, martial arts, and wrestling events conducted within this
state and an event may not be held in this state except in accordance with the
provisions of this chapter. The department may, in its discretion, issue and
for cause, which includes concern for the safety and welfare of the
participants, ((deny, revoke, or suspend)) take any of the actions
specified in section 112 of this act against a license to promote, conduct,
or hold boxing, kickboxing, martial arts, or wrestling events where an
admission fee is charged by any person, club, corporation, organization,
association, or fraternal society.
(2)
All boxing, kickboxing, martial arts, or wrestling events that:
(a)
Are conducted by any common school, college, or university, whether public or
private, or by the official student association thereof, whether on or off the
school, college, or university grounds, where all the participating contestants
are bona fide students enrolled in any common school, college, or university,
within or without this state; or
(b)
Are entirely amateur events promoted on a nonprofit basis or for charitable
purposes;
are not
subject to the licensing provisions of this chapter. A boxing, martial arts,
kickboxing, or wrestling event may not be conducted within the state except
under a license issued in accordance with this chapter and the rules of the department
except as provided in this section.
(3)
The director shall prohibit events unless all of the contestants are either
licensed under this chapter or trained by an amateur or professional
sanctioning body recognized by the department.
Sec.
307. RCW
67.08.017 and 1997 c 205 s 4 are each amended to read as follows:
In
addition to the powers described in sections 104 and 105 of this act, the
director or the director's designee has the following authority in
administering this chapter:
(1)
Adopt, amend, and rescind rules as deemed necessary to carry out this chapter;
(2)
((Issue subpoenas and administer oaths in connection with an investigation,
hearing, or proceeding held under this chapter;
(3)
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)
Compel attendance of witnesses at hearings;
(5)
In the course of investigating a complaint or report of unprofessional conduct,
conduct practice reviews;
(6)
Take emergency action ordering summary suspension of a license, or restriction
or limitation of the licensee's practice pending proceedings by the director;
(7)
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)
Enter into contracts for professional services determined to be necessary for
adequate enforcement of this chapter;
(9)))
Adopt standards of professional conduct or practice;
(((10)
In the event of a finding of unprofessional conduct by an applicant or license
holder, impose sanctions against a license applicant or license holder as
provided by this chapter;
(11))) (3)
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 not to 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; and
(((12)
Designate individuals authorized to sign subpoenas and statements of charges;
(13)
Employ the investigative, administrative, and clerical staff necessary for the
enforcement of this chapter;
(14)
Compel the attendance of witnesses at hearings; and
(15))) (4)
Establish and assess fines for violations of this chapter that may be subject
to payment from a contestant's purse.
Sec.
308. RCW
67.08.090 and 1999 c 282 s 6 are each amended to read as follows:
(1)
Each contestant for boxing, kickboxing, or martial arts events shall be
examined within twenty-four hours before the contest by an event physician
licensed by the department. The event physician shall report in writing and
over his or her signature before the event the physical condition of each and
every contestant to the inspector present at such contest. No contestant whose
physical condition is not approved by the event physician shall be permitted to
participate in any event. Blank forms for event physicians' reports shall be
provided by the department and all questions upon such blanks shall be answered
in full. The event physician shall be paid a fee and travel expenses by the
promoter.
(2)
The department may require that an event physician be present at a wrestling
event. The promoter shall pay the event physician present at a wrestling
event. A boxing, kickboxing, or martial arts event may not be held unless an
event physician licensed by the department is present throughout the event.
(3)
Any physician licensed under RCW 67.08.100 may be selected by the department as
the event physician. The event physician present at any contest shall have
authority to stop any event when in the event physician's opinion it would be
dangerous to a contestant to continue, and in such event it shall be the event
physician's duty to stop the event.
(4)
The department may have a participant in a wrestling event examined by an event
physician licensed by the department prior to the event. A participant in a
wrestling event whose condition is not approved by the event physician shall
not be permitted to participate in the event.
(5)
Each contestant for boxing, kickboxing, martial arts, or wrestling events may
be subject to a random urinalysis or chemical test within twenty-four hours
before or after a contest. In addition to the unprofessional conduct
specified in section 114 of this act, an applicant or licensee who refuses
or fails to submit to the urinalysis or chemical test is subject to
disciplinary action under ((RCW 67.08.240)) section 112 of this act.
If the urinalysis or chemical test is positive for substances prohibited by
rules adopted by the director, the applicant or licensee has engaged in
unprofessional conduct and disciplinary action ((shall)) may
be taken under ((RCW 67.08.240)) section 112 of this act.
Sec.
309. RCW
67.08.100 and 2001 c 246 s 1 are each amended to read as follows:
(1)
The department upon receipt of a properly completed application and payment of
a nonrefundable fee, may grant an annual license to an applicant for the
following: (a) Promoter; (b) manager; (c) boxer; (d) second; (e) wrestling
participant; (f) inspector; (g) judge; (h) timekeeper; (i) announcer; (j) event
physician; (k) referee; (l) matchmaker; (m) kickboxer; and (n) martial arts
participant.
(2)
The application for the following types of licenses shall include a physical
performed by a physician, as defined in RCW 67.08.002, which was performed by
the physician with a time period preceding the application as specified by rule:
(a) Boxer; (b) wrestling participant; (c) kickboxer; (d) martial arts
participant; and (e) referee.
(3)
An applicant for the following types of licenses for the sports of boxing,
kickboxing, and martial arts shall provide annual proof of certification as
having adequate experience, skill, and training from an organization approved
by the department, including, but not limited to, the association of boxing
commissions, the international boxing federation, the international boxing
organization, the Washington state association of professional ring officials,
the world boxing association, the world boxing council, or the world boxing
organization for boxing officials, and the united full contact federation for
kickboxing and martial arts officials: (a) Judge; (b) referee; (c) inspector;
(d) timekeeper; or (e) other officials deemed necessary by the department.
(4)
((Any license may be revoked, suspended, or denied by the director for a
violation of this chapter or a rule adopted by the director.
(5))) No person
shall participate or serve in any of the above capacities unless licensed as
provided in this chapter.
(((6)))
(5) The referees, judges, timekeepers, event physicians, and inspectors
for any boxing event shall be designated by the department from among licensed
officials.
(((7)))
(6) The referee for any wrestling event shall be provided by the
promoter and shall be licensed as a wrestling participant.
(((8)))
(7) The department shall immediately suspend the license or certificate
of a person who has been certified pursuant to RCW 74.20A.320 by the department
of social and health services as a person who is not in compliance with a
support order. If the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license or certificate
shall be automatic upon the department's receipt of a release issued by the
department of social and health services stating that the licensee is in
compliance with the order.
(((9)))
(8) A person may not be issued a license if the person has an unpaid
fine outstanding to the department.
(((10)))
(9) A person may not be issued a license unless they are at least
eighteen years of age.
(((11)))
(10) This section shall not apply to contestants or participants in
events at which only amateurs are engaged in contests and/or fraternal
organizations and/or veterans' organizations chartered by congress or the
defense department or any recognized amateur sanctioning body recognized by the
department, holding and promoting athletic events and where all funds are used
primarily for the benefit of their members. Upon request of the department, a
promoter, contestant, or participant shall provide sufficient information to
reasonably determine whether this chapter applies.
Sec.
310. RCW
67.08.110 and 1999 c 282 s 8 are each amended to read as follows:
(1)
Any person or any member of any group of persons or corporation promoting boxing
events who shall participate directly or indirectly in the purse or fee of any
manager of any boxers or any boxer and any licensee who shall conduct or
participate in any sham or fake boxing event ((shall be subject to license
suspension, revocation, or fine and such revoked, suspended, or fined licensee
shall not be entitled to receive any license issued under this chapter)) has
engaged in unprofessional conduct and is subject to the sanctions specified in
section 112 of this act.
(2)
A manager of any boxer, kickboxer, or martial arts participant who allows any
person or any group of persons or corporation promoting boxing, kickboxing, or
martial arts events to participate directly or indirectly in the purse or fee,
or any boxer, kickboxer, or martial arts participant or other licensee who
conducts or participates in any sham or fake boxing, kickboxing, or martial
arts event has engaged in unprofessional conduct and is subject to ((disciplinary
action under RCW 67.08.240)) the sanctions specified in section 112 of
this act.
Sec.
311. RCW
67.08.130 and 1997 c 205 s 13 are each amended to read as follows:
Whenever
any licensee shall fail to make a report of any event within the time
prescribed by this chapter or when such report is unsatisfactory to the
department, the director may examine the books and records of such licensee; he
or she may subpoena and examine under oath any officer of such licensee and
such other person or persons as he or she may deem necessary to a determination
of the total gross receipts from any event and the amount of tax thereon. If,
upon the completion of such examination it shall be determined that an
additional tax is due, notice thereof shall be served upon the licensee, ((and
if such licensee shall fail)) providing the licensee with an opportunity
to request a hearing under chapter 34.05 RCW. The failure to request a hearing
within twenty days of service of the notice constitutes a default, whereupon
the director will enter a decision on the facts available. Failure to pay
such additional tax within twenty days after service of ((such notice such
delinquent)) a final order constitutes unprofessional conduct and the
licensee ((shall)) may be subject to ((revocation of)) disciplinary
action against its license and shall be disqualified from receiving any new
license. ((In addition, such licensee shall be liable to this state in the
penal sum of one thousand dollars to be collected by the attorney general by
civil action in the name of the state in the manner provided by law.))
Sec.
312. RCW
67.08.140 and 1997 c 205 s 14 are each amended to read as follows:
Any
person, club, corporation, organization, association, fraternal society,
participant, or promoter conducting or participating in boxing or wrestling
events within this state without having first obtained a license therefor in
the manner provided by this chapter is in violation of this chapter and shall
be guilty of a misdemeanor excepting the events excluded from the operation of
this chapter by RCW 67.08.015. ((The attorney general, each prosecuting
attorney, the department, or any citizen of any county where any person, club,
corporation, organization, association, fraternal society, promoter, or
participant shall threaten to hold, or appears likely to hold or participate in
athletic events in violation of this chapter, may in accordance with the laws
of this state governing injunctions, enjoin such person, club, corporation,
organization, association, fraternal society, promoter, or participant from
holding or participating in the event.))
Sec.
313. RCW
67.08.180 and 1997 c 205 s 16 are each amended to read as follows:
In
addition to the unprofessional conduct specified in section 114 of this act,
the following conduct, acts, or conditions constitute unprofessional conduct
for which disciplinary action may be taken:
(1)
((It is a violation of this chapter for any promoter or person associated
with or employed by any promoter to destroy)) Destruction of any
ticket or ticket stub, whether sold or unsold, within three months after the
date of any event, by any promoter or person associated with or employed by
any promoter.
(2)
((It is a violation of this chapter for a wrestling participant to
deliberately cut himself or herself or otherwise mutilate himself or herself))
The deliberate cutting of himself or herself or other self mutilation by a
wrestling participant while participating in a wrestling event.
(3)
((The department shall revoke the license of a licensee convicted)) A
conviction under chapter 69.50 RCW.
(4)
((The director shall revoke the license of a licensee)) Testing
positive for illegal use of a controlled substance as defined in RCW
69.50.101((, and shall deny the application of an applicant testing positive
for a controlled substance as defined in RCW 69.50.101)).
(5)
The striking of any person that is not a licensed participant at a wrestling
event ((constitutes grounds for suspension, fine, revocation, or any combination
thereof)).
Sec.
314. RCW
67.08.300 and 1997 c 205 s 24 are each amended to read as follows:
The
director or individuals acting on the director's behalf are immune from suit in
an action, civil or criminal, based on ((disciplinary proceedings or other))
official acts performed in the course of their duties in the administration and
enforcement of this chapter.
NEW
SECTION. Sec. 315. A
new section is added to chapter 67.08 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
316. RCW
68.05.105 and 1987 c 331 s 10 are each amended to read as follows:
In
addition to the authority in section 104 of this act, the board has the
following authority:
(1)
To adopt, amend, and rescind such rules as are deemed necessary to carry out
this title; and
(2)
((To investigate all complaints or reports of unprofessional conduct as
defined in this chapter and to hold hearings;
(3)
To issue subpoenas and administer oaths in connection with any investigation,
hearing, or proceeding held under this title;
(4)
To take or cause depositions to be taken and use other discovery procedures as
needed in any investigation, hearing, or proceeding held under this title;
(5)
To compel attendance of witnesses at hearings;
(6)
In the course of investigating a complaint, to conduct practice reviews;
(7)
To take emergency action pending proceedings by the board;
(8)
To use the office of administrative hearings as authorized in chapter 34.12 RCW
to conduct hearings. However, the board shall make the final decision;
(9)
To use consultants or individual members of the board to assist in the
direction of investigations and issuance of statements of charges. However,
those board members shall not subsequently participate in the hearing of the
case;
(10)
To enter into contracts for professional services determined to be necessary
for adequate enforcement of this title;
(11)
To contract with persons or organizations to provide services necessary for the
monitoring and supervision of licensees, or authorities who are for any
authorized purpose subject to monitoring by the board;
(12))) To
adopt standards of professional conduct or practice((;
(13)
To grant or deny authorities or license applications, and in the event of a
finding of unprofessional conduct by an applicant, authority, or license
holder, to impose any sanction against a license applicant, authority, or
license holder provided by this title;
(14)
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, holder of an authority to operate, or license holder shall not be
required to admit to any violation of the law, nor shall the assurance be
construed as such an admission. Violation of an assurance under this
subsection is grounds for disciplinary action;
(15)
To revoke the license or authority;
(16)
To suspend the license or authority for a fixed or indefinite term;
(17)
To restrict or limit the license or authority;
(18)
To censure or reprimand;
(19)
To cause compliance with conditions of probation for a designated period of
time;
(20)
To fine for each violation of this title, not to exceed one thousand dollars
per violation. Funds received shall be placed in the cemetery account;
(21)
To order corrective action.
Any
of the actions under this section may be totally or partly stayed by the
board. In determining what action is appropriate, the board must first
consider what sanctions are necessary to protect or compensate the public. All
costs associated with compliance with orders issued under this section are the
obligation of the license or authority holder or applicant)).
Sec.
317. RCW
68.05.170 and 1987 c 331 s 23 are each amended to read as follows:
(1)
Whenever the board finds, after notice and hearing, that any endowment care
funds have been invested in violation of this title, it ((shall)) may
by written order mailed to the person or body in charge of the fund require the
reinvestment of the funds in conformity with this title within the period
specified by it which shall be not more than six months. Such period may be
extended by the board in its discretion.
(2)
The board may bring actions for the preservation and protection of endowment
care funds in the superior court of the county in which the cemetery is located
and the court shall appoint substitute trustees and make any other order which
may be necessary for the preservation, protection, and recovery of
endowment care funds, whenever a cemetery authority or the trustees of its fund
have:
(a)
Transferred or attempted to transfer any property to, or made any loan from,
the endowment care funds for the benefit of the cemetery authority or any
director, officer, agent or employee of the cemetery authority or trustee of
any endowment care funds; or,
(b)
Failed to reinvest endowment care funds in accordance with a board order issued
under subsection ((one)) (1) of this section; or,
(c)
Invested endowment care funds in violation of this title; or,
(d)
Taken action or failed to take action to preserve and protect the endowment
care funds, evidencing a lack of concern therefor; or,
(e)
Become financially irresponsible or transferred control of the cemetery
authority to any person who, or business entity which, is financially irresponsible;
or,
(f)
Is in danger of becoming insolvent or has gone into bankruptcy or receivership;
or,
(g)
Taken any action in violation of Title 68 RCW or failed to take action required
by Title 68 RCW or has failed to comply with lawful rules((, regulations))
and orders of the board.
(3)
Whenever the board or its representative has reason to believe that endowment
care funds or prearrangement trust funds are in danger of being lost or
dissipated during the time required for notice and hearing, it may immediately
impound or seize documents, financial instruments, or other trust fund assets,
or take other actions deemed necessary under the circumstances for the
preservation and protection of endowment care funds or prearrangement trust
funds, including, but not limited to, immediate substitutions of trustees.
Sec.
318. RCW
68.05.235 and 1987 c 331 s 19 are each amended to read as follows:
(1)
Each authorized cemetery authority shall within ninety days after the close of
its accounting year file with the board upon the board's request a true and
accurate statement of its financial condition, transactions, and affairs for
the preceding year. The statement shall be on such forms and shall contain
such information as required by this chapter and by the board.
(2)
The failure to file a statement as required under subsection (1) of this
section constitutes unprofessional conduct for which the board ((shall
suspend or revoke)) may take disciplinary action against the
prearrangement sales license of ((any)) the cemetery authority ((which
fails to comply with the request)). In addition, the board may take
disciplinary action against any other license held by the cemetery authority.
Sec.
319. RCW
68.05.259 and 1987 c 331 s 22 are each amended to read as follows:
If
any cemetery authority refuses to pay any examination expenses within thirty
days of completion of the examination or refuses to pay certain examination
expenses in advance as required by the department for cause, the board ((shall
revoke)) may take disciplinary action against any existing
certificate of authority. Examination expenses incurred in conjunction with a
transfer of ownership of a cemetery shall be paid by the selling entity. All
examination expense moneys collected by the department shall be paid to the ((department))
program account.
Sec.
320. RCW
68.05.300 and 1987 c 331 s 25 are each amended to read as follows:
((The
board may revoke, suspend, or terminate a certificate of authority or
prearrangement sales license if a)) In addition to the unprofessional
conduct described in section 114 of this act, the board may take disciplinary
action if the cemetery authority:
(1)
Fails to comply with any provision of this chapter or any proper order or
regulation of the board;
(2)
Is found by the board to be in such condition that further execution of
prearrangement contracts would be hazardous to purchasers or beneficiaries and
the people of this state; or
(3)
(( Refuses to be examined, or refuses to submit to examination or to produce
its accounts, records, and files for examination by the board when required;
(4))) Is
found by the board after investigation or receipt of reliable information to be
managed by persons who are incompetent or untrustworthy or so lacking in managerial
experience as to make the proposed or continued operation hazardous to
purchasers, beneficiaries, or the public((; or
(5)
Is found by the board to use false, misleading, or deceptive advertisements or
sales methods)).
Sec.
321. RCW
68.05.310 and 1989 c 175 s 124 are each amended to read as follows:
((The
board or its authorized representative shall give a cemetery authority notice
of its intention to suspend, revoke, or refuse to renew a certificate of
authority or a prearrangement sales license, and shall grant the cemetery
authority a hearing, in the manner required for adjudicative proceedings under
chapter 34.05 RCW, the Administrative Procedure Act, before the order of
suspension, revocation, or refusal may become effective.))
No cemetery authority whose prearrangement sales license has been
((suspended, revoked, or refused)) the subject of disciplinary action
shall be authorized to enter into prearrangement contracts unless
specifically authorized by the board and only upon full compliance with the
conditions required by the board. Any prearrangement sale by an unlicensed
cemetery authority shall be voidable by the purchaser who shall be entitled to
a full refund.
Sec.
322. RCW
68.05.320 and 1979 c 21 s 32 are each amended to read as follows:
(1)
The board or its authorized representative may issue and serve upon a cemetery
authority a notice of charges if in the opinion of the board or its authorized
representative the cemetery authority:
(a)
Is engaging in or has engaged in practices likely to endanger the future
delivery of cemetery merchandise or services, unconstructed crypts or niches,
or undeveloped graves;
(b)
Is violating or has violated any statute of the state of Washington or any rule
of the board; or
(c)
Is about to do an act prohibited in (((1)))(a) or (((1)))(b) of
this subsection when the opinion is based upon reasonable cause.
(2)
The notice shall contain a statement of the facts constituting the alleged
violation or practice and shall fix a time and place at which a hearing will be
held to determine whether an order to cease and desist should issue against the
cemetery authority. The hearing shall be set not earlier than ten nor later
than thirty days after service of the notice unless a later date is set by the
board or its authorized representative at the request of the cemetery
authority.
Unless
the cemetery authority appears at the hearing by a duly authorized
representative it shall be deemed to have consented to the issuance of a cease
and desist order. In the event of this consent or if upon the record made at
the hearing the board finds that any violation or practice specified in the
notice of charges has been established, the board may issue and serve upon the
cemetery authority an order to cease and desist from the violation or
practice. The order may require the cemetery authority and its directors,
officers, employees, and agents to cease and desist from the violation or
practice and may require the cemetery authority to take affirmative action to
correct the conditions resulting from the violation or practice.
(3)
A cease and desist order shall become effective at the expiration of ten days
after service of the order upon the cemetery authority except that a cease and
desist order issued upon consent shall become effective as provided in the
order unless it is stayed, modified, terminated, or set aside by action of the
board or a reviewing court.
(4)
The powers of the board under this section are in addition to the power of the
board to ((refuse to renew or to revoke or suspend)) take
disciplinary action against a cemetery authority's prearrangement sales
license.
Sec.
323. RCW
68.05.330 and 1987 c 331 s 27 are each amended to read as follows:
Unless
specified otherwise in this title, any person who violates or aids or abets any
person in the violation of any of the provisions of this title shall be guilty
of a class C felony punishable under chapter 9A.20 RCW. A violation shall
constitute an unfair practice under chapter 19.86 RCW and shall be grounds for
((revocation of)) disciplinary action against the certificate of
authority under this chapter and chapter 18.--- RCW (sections 101 through
124 of this act) or ((revocation of)) disciplinary action against
the prearrangement sales license under this chapter and chapter 18.--- RCW
(sections 101 through 124 of this act). Retail installment transactions
under this chapter shall be governed by chapter 63.14 RCW. The provisions of
this chapter shall be cumulative and nonexclusive and shall not affect any
other remedy available at law.
Sec.
324. RCW
68.05.340 and 1987 c 331 s 28 are each amended to read as follows:
Whenever
the board or its authorized representative determines that a cemetery authority
is in violation of this title, other than engaging in unlicensed activity,
or that the continuation of acts or practices of the cemetery authority is
likely to cause insolvency or substantial dissipation of assets or earnings of
the cemetery authority's endowment care or prearrangement trust fund or to
otherwise seriously prejudice the interests of the purchasers or beneficiaries
of prearrangement contracts, the board, or its authorized representative, may
issue a temporary order requiring the cemetery authority to cease and desist from
the violation or practice. The order shall become effective upon service on
the cemetery authority and shall remain effective unless set aside, limited, or
suspended by a court in proceedings under RCW 68.05.350 or until the board
dismisses the charges specified in the notice under RCW 68.05.320 or until the
effective date of a cease and desist order issued against the cemetery
authority under RCW 68.05.320. Actions for unlicensed activity must be
conducted under section 116 of this act.
Sec.
325. RCW
68.05.350 and 1987 c 331 s 29 are each amended to read as follows:
Within
ten days after a cemetery authority has been served with a temporary cease and
desist order issued under RCW 68.05.320, the cemetery authority may
apply to the superior court in the county of its principal place of business
for an injunction setting aside, limiting, or suspending the order pending
completion of the administrative proceedings under RCW 68.05.320.
NEW
SECTION. Sec. 326. A
new section is added to chapter 68.05 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
Sec.
327. RCW
79A.60.480 and 2000 c 11 s 109 are each amended to read as follows:
(1)
The department of licensing ((shall)) may issue a whitewater
river outfitter's license to an applicant who submits a completed application,
pays the required fee, and complies with the requirements of this section.
(2)
An applicant for a whitewater river outfitter's license shall make application
upon a form provided by the department of licensing. The form must be
submitted annually and include the following information:
(a)
The name, residence address, and residence telephone number, and the business
name, address, and telephone number of the applicant;
(b)
Certification that all employees, subcontractors, or independent contractors
hired as guides meet training standards under RCW 79A.60.430 before carrying
any passengers for hire;
(c)
Proof that the applicant has liability insurance for a minimum of three hundred
thousand dollars per claim for occurrences by the applicant and the applicant's
employees that result in bodily injury or property damage. All guides must be
covered by the applicant's insurance policy;
(d)
Certification that the applicant will maintain the insurance for a period of
not less than one year from the date of issuance of the license; and
(e)
Certification by the applicant that for a period of not less than twenty-four
months immediately preceding the application the applicant:
(i)
Has not had a license, permit, or certificate to carry passengers for hire on a
river revoked by another state or by an agency of the government of the United
States due to a conviction for a violation of safety or insurance coverage
requirements no more stringent than the requirements of this chapter; and
(ii)
Has not been denied the right to apply for a license, permit, or certificate to
carry passengers for hire on a river by another state.
(3)
The department of licensing shall charge a fee for each application, to be set
in accordance with RCW 43.24.086.
(4)
Any person advertising or representing himself or herself as a whitewater river
outfitter who is not currently licensed is guilty of a gross misdemeanor.
(5)
The department of licensing shall submit annually a list of licensed persons
and companies to the department of community, trade, and economic development,
tourism promotion division.
(6)
If an insurance company cancels or refuses to renew insurance for a licensee,
the insurance company shall notify the department of licensing in writing of
the termination of coverage and its effective date not less than thirty days
before the effective date of termination.
(a)
Upon receipt of an insurance company termination notice, the department of
licensing shall send written notice to the licensee that on the effective date
of termination the department of licensing will suspend the license unless
proof of insurance as required by this section is filed with the department of
licensing before the effective date of the termination.
(b)
If an insurance company fails to give notice of coverage termination, this
failure shall not have the effect of continuing the coverage.
(c)
The department of licensing may ((suspend a license under this section))
sanction a license under section 112 of this act if the licensee fails
to maintain in full force and effect the insurance required by this section.
(7)
The state of Washington shall be immune from any civil action arising from the
issuance of a license under this section.
Sec.
328. RCW
79A.60.490 and 2000 c 11 s 111 are each amended to read as follows:
Within
five days after conviction for any of the provisions of RCW 79A.60.430 through
79A.60.480, the court shall forward a copy of the judgment to the department of
licensing. After receiving proof of conviction, the department of licensing
may ((suspend)) sanction the license of any whitewater river
outfitter ((for a period not to exceed one year or until)) under
section 112 of this act. Proof of compliance with all licensing
requirements and correction of the violation under which the whitewater river
outfitter was convicted may be considered by the department as mitigating
factors when taking disciplinary action.
NEW
SECTION. Sec. 329. A
new section is added to chapter 79A.60 RCW to read as follows:
The
uniform regulation of business and professions act, chapter 18.--- RCW
(sections 101 through 124 of this act), governs unlicensed practice, the
issuance and denial of licenses, and the discipline of licensees under this
chapter.
PART
3
NEW
SECTION. Sec. 401. The
following acts or parts of acts are each repealed:
(1) RCW
18.08.450 (Actions against certificate--Discipline--Board's
authority--Procedure) and 1989 c 175 s 59 & 1985 c 37 s 16;
(2) RCW
18.39.400 (Disciplinary authority of board--Rules) and 1994 c 17
s 2;
(3) RCW
18.39.430 (Statement of charge of violation--Notice--Hearing) and
1994 c 17 s 5;
(4) RCW
18.39.440 (Hearings--Procedures--Administrative Procedure Act)
and 1994 c 17 s 6;
(5) RCW
18.39.460 (Actions against license--Exceptions) and 1994 c 17 s
8;
(6) RCW
18.39.470 (Order--When effective--Stay) and 1994 c 17 s 9;
(7) RCW
18.39.480 (Appeal) and 1994 c 17 s 10;
(8) RCW
18.39.490 (Reinstatement--Hearings--Examination) and 1994 c 17 s
11;
(9) RCW
18.39.500 (Finding of unprofessional conduct--Order--Sanctions--Stay--Costs)
and 1994 c 17 s 12;
(10) RCW
18.39.510 (Informal disposal--Statement of allegations--Summary
of evidence--Stipulation--Sanctions--Disclosure--Enforcement) and 2000 c 171 s
11 & 1994 c 17 s 13;
(11) RCW
18.39.520 (Enforcement of fine) and 1994 c 17 s 14;
(12) RCW
18.39.540 (Violation of injunction--Penalties) and 1994 c 17 s
16;
(13) RCW
18.39.550 (Crime by license, registration, endorsement, or permit
holder--Notice by board) and 1994 c 17 s 17;
(14) RCW
18.43.140 (Injunctive relief, proof--Board's immunity from
liability--Prosecutions) and 1959 c 297 s 3;
(15) RCW
18.85.251 (Disciplinary
action--Procedure--Investigation--Hearing) and 1988 c 205 s 7, 1987 c 332 s 11,
1981 c 67 s 22, & 1951 c 222 s 23;
(16) RCW
18.85.360 (Witnesses--Depositions--Fees--Subpoenas) and 1997 c
322 s 25 & 1957 c 52 s 49;
(17) RCW
18.96.130 (Charges against
registrants--Hearings--Findings--Penalties) and 1985 c 18 s 4 & 1969 ex.s.
c 158 s 13;
(18) RCW
18.140.180 (Hearings--Orders--Judicial review) and 1993 c 30 s 20
& 1989 c 414 s 22;
(19) RCW
18.165.190 (Violations--Statement of charges--Hearings) and 1995 c
277 s 37 & 1991 c 328 s 19;
(20) RCW
18.165.200 (Application of administrative procedure act to
hearings) and 1991 c 328 s 20;
(21) RCW
18.165.240 (Unlicensed practice--Complaints--Director's
authority--Injunctions--Penalty) and 1995 c 277 s 39 & 1991 c 328 s 24;
(22) RCW
18.165.250 (Violation of injunction--Penalty) and 1991 c 328 s 25;
(23) RCW
18.165.260 (Immunity) and 1991 c 328 s 26;
(24) RCW
18.170.190 (Complaints--Investigation--Immunity) and 1995 c 277 s
14 & 1991 c 334 s 19;
(25) RCW
18.170.200 (Violations--Statement of charges--Hearings) and 1991 c
334 s 20;
(26) RCW
18.170.240 (Enforcement of orders for payment of fines) and 1991 c
334 s 24;
(27) RCW
18.170.250 (Unlicensed practice--Complaints--Director's
authority--Injunctions--Penalty) and 1995 c 277 s 16 & 1991 c 334 s 25;
(28) RCW
18.170.260 (Violation of injunction--Penalty) and 1991 c 334 s 26;
(29) RCW
18.170.270 (Immunity) and 1991 c 334 s 27;
(30) RCW
18.185.150 (Hearing procedures) and 1993 c 260 s 16;
(31) RCW
18.185.160 (Enforcement of monetary penalty) and 1993 c 260 s 17;
(32) RCW
18.185.180 (Civil penalties) and 1993 c 260 s 19;
(33) RCW
18.185.190 (Official immunity) and 1993 c 260 s 20;
(34) RCW
19.16.360 (Licenses--Denial, suspension, revocation or refusal to
renew--Civil penalty--Hearing) and 1977 ex.s. c 194 s 3, 1973 1st ex.s. c 20 s
4, & 1971 ex.s. c 253 s 27;
(35) RCW
19.16.380 (Administrative procedure act--Application) and 1971
ex.s. c 253 s 29;
(36) RCW
19.16.400 (Investigations or proceedings--Powers of director or
designees--Contempt) and 1973 1st ex.s. c 20 s 5 & 1971 ex.s. c 253 s 31;
(37) RCW
19.105.460 (Investigations--Powers relating to--Proceedings for
contempt) and 1982 c 69 s 17;
(38) RCW
19.138.190 (Investigations--Powers of director, officer) and 1994
c 237 s 16;
(39) RCW
19.138.210 (Violations--Cease and desist order--Notice--Hearing)
and 1994 c 237 s 17;
(40) RCW
19.138.220 (Enjoining unregistered person--Additional to criminal
liability) and 2001 c 44 s 3 & 1994 c 237 s 18;
(41) RCW
19.138.230 (Violation of injunction--Penalties--Jurisdiction) and
1994 c 237 s 19;
(42) RCW
19.138.300 (Administrative procedure act governs) and 1994 c 237 s
25;
(43) RCW
19.158.060 (Failure to register--Penalty) and 1989 c 20 s 6;
(44) RCW
64.36.180 (Entry of order--Summary order--Notice--Hearing) and
1983 1st ex.s. c 22 s 17;
(45) RCW
64.36.190 (Director's powers--Application to superior court to
compel compliance) and 1983 1st ex.s. c 22 s 18;
(46) RCW
64.36.280 (Administration of chapter--Delegation of powers) and
1983 1st ex.s. c 22 s 27;
(47) RCW 64.36.300
(Application of chapter 34.05 RCW) and 1983 1st ex.s. c 22 s 30;
(48) RCW
67.08.120 (Violation of rules--Penalties) and 1999 c 282 s 9,
1997 c 205 s 12, 1993 c 278 s 22, 1989 c 127 s 12, & 1933 c 184 s 18;
(49) RCW
67.08.210 (Unprofessional conduct--Investigation--Notice of
charge--Request for hearing--Time of hearing--Notice) and 1997 c 205 s 18;
(50) RCW
67.08.230 (Fine--Order for payment--Enforcement--Proof of validity)
and 1997 c 205 s 20;
(51) RCW
67.08.250 (Unlicensed practice or conduct violating
chapter--Investigation--Cease and desist orders--Injunction in name of
state--Criminal liability not precluded--Penalty) and 1997 c 205 s 22; and
(52) RCW
67.08.260 (Violation of injunction--Penalties--Jurisdiction) and
1997 c 205 s 23.
NEW
SECTION. Sec. 402. Part
headings used in this act are not any part of the law.
NEW
SECTION. Sec. 403. (1)
Sections 201 through 240 and 242 through 401 of this act take effect January 1,
2003.
(2)
Section 241 of this act takes effect July 1, 2003.
NEW
SECTION. Sec. 404. 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.
