AN
ACT Relating to the licensing, regulation, and fees of escrow agents and escrow
officers; amending RCW 18.44.010, 18.44.020, 18.44.030, 18.44.050, 18.44.060,
18.44.067, 18.44.070, 18.44.080, 18.44.090, 18.44.100, 18.44.110, 18.44.120,
18.44.125, 18.44.130, 18.44.140, 18.44.160, 18.44.175, 18.44.180, 18.44.200,
18.44.260, 18.44.280, 18.44.290, 18.44.300, 18.44.310, 18.44.320, 18.44.330,
18.44.340, 18.44.350, 18.44.360, 18.44.370, and 18.44.145; adding new sections
to chapter 18.44 RCW; adding new sections to chapter 48.29 RCW; recodifying RCW
18.44.010, 18.44.020, 18.44.030, 18.44.330, 18.44.340, 18.44.067, 18.44.200,
18.44.290, 18.44.300, 18.44.310, 18.44.350, 18.44.080, 18.44.090, 18.44.100,
18.44.110, 18.44.120, 18.44.140, 18.44.180, 18.44.250, 18.44.050, 18.44.060,
18.44.360, 18.44.370, 18.44.375, 18.44.380, 18.44.385, 18.44.390, 18.44.395,
18.44.398, 18.44.070, 18.44.320, 18.44.280, 18.44.260, 18.44.175, 18.44.145,
18.44.125, 18.44.130, 18.44.190, 18.44.170, 18.44.160, 18.44.208, 18.44.215,
18.44.900, 18.44.910, 18.44.920, 18.44.921, and 18.44.922; repealing RCW
18.44.040, 18.44.065, 18.44.150, 18.44.220, and 18.44.240; and prescribing
penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.44.010 and 1995 c 238 s 1 are each amended to read as follows:
Unless
a different meaning is apparent from the context ((otherwise requires)),
terms used in this chapter shall have the following meanings:
(1)
"Department" means the department of financial institutions.
(2)
"Director" means the director of financial institutions, or his or
her duly authorized representative.
(3)
"Director of licensing" means the director of the department of
licensing, or his or her duly authorized representative.
(4)
"Escrow" means any transaction, except the acts of a qualified
intermediary in facilitating an exchange under section 1031 of the internal
revenue code, wherein any person or persons, for the purpose of effecting
and closing the sale, purchase, exchange, transfer, encumbrance, or lease of real
or personal property to another person or persons, delivers any written
instrument, money, evidence of title to real or personal property, or other
thing of value to a third person to be held by such third person until the
happening of a specified event or the performance of a prescribed condition or
conditions, when it is then to be delivered by such third person, in compliance
with instructions under which he or she is to act, to a grantee,
grantor, promisee, promisor, obligee, obligor, lessee, lessor, bailee, bailor,
or any agent or employee thereof.
(((4)))
(5) "Split escrow" means a transaction in which two or more escrow
agents act to effect and close an escrow transaction.
(6)
"Escrow agent" means any ((sole proprietorship, firm, association,
partnership, or corporation)) person engaged in the business of
performing for compensation the duties of the third person referred to in ((RCW
18.44.010(3) above)) subsection (4) of this section.
(((5)
"Certificated)) (7) "Licensed escrow agent" means any
sole proprietorship, firm, association, partnership, or corporation holding a
((certificate of registration)) license as an escrow agent under
the provisions of this chapter.
(((6)))
(8) "Person" ((unless a different meaning appears from the
context, includes an individual, a)) means a natural person, firm,
association, partnership ((or)), corporation, limited
liability company, or the plural thereof, whether resident, nonresident,
citizen, or not.
(((7)
"Escrow)) (9) "Licensed escrow officer" means any
natural person handling escrow transactions and licensed as such by the
director.
(((8)))
(10) "Designated escrow officer" means any licensed escrow officer
designated by a licensed escrow agent and approved by the director as the
licensed escrow officer responsible for supervising that agent's handling of
escrow transactions, management of the agent's trust account, and supervision
of all other licensed escrow officers employed by the agent.
(11)
"Escrow commission" means the escrow commission of the state of
Washington created by RCW 18.44.208 (as recodified by this act).
(((9)))
(12) "Controlling person" is any person who owns or controls
ten percent or more of the beneficial ownership of any escrow agent, regardless
of the form of business organization employed and regardless of whether such
interest stands in such person's true name or in the name of a nominee.
Sec.
2. RCW
18.44.020 and 1977 ex.s. c 156 s 2 are each amended to read as follows:
It
shall be unlawful for any person to engage in business as an escrow agent ((within
this state)) by performing escrows or any of the functions of an escrow
agent as described in RCW 18.44.010(4) within this state or with respect to
transactions that involve personal property or real property located in this
state unless such person possesses a valid ((certificate of registration))
license issued by the director pursuant to this chapter((: PROVIDED,
That)). The ((registration and)) licensing requirements of
this chapter shall not apply to:
(1)
Any person doing business under the law of this state or the United States
relating to banks, trust companies, mutual savings banks, savings and loan
associations, credit unions, insurance companies, ((title insurance
companies, the duly authorized agents of title insurance companies the business
of which agents is exclusively devoted to the title insurance business,))
or any federally approved agency or lending institution under the national
housing act (12 U.S.C. Sec. 1703).
(2)
Any person licensed to practice law in this state while engaged in the
performance of his or her professional duties.
(3)
Any real estate company, broker, or agent subject to the jurisdiction of
the director of licensing while performing acts in the course of or
incidental to sales or purchases of real or personal property handled or
negotiated by such real estate company, broker, or agent: PROVIDED, ((HOWEVER,))
That no compensation is received for escrow services.
(4)
Any transaction in which money or other property is paid to, deposited with, or
transferred to a joint control agent for disbursal or use in payment of the
cost of labor, material, services, permits, fees, or other items of expense
incurred in the construction of improvements upon real property.
(5)
Any receiver, trustee in bankruptcy, executor, administrator, guardian, or
other person acting under the supervision or order of any superior court of
this state or of any federal court.
(6)
Title insurance companies having a valid certificate of authority issued by the
insurance commissioner of this state and title insurance agents having a valid
license as a title insurance agent issued by the insurance commissioner of this
state.
Sec.
3. RCW
18.44.030 and 1977 ex.s. c 156 s 3 are each amended to read as follows:
An
application for ((registration as)) an escrow agent license shall
be in writing in such form as is prescribed by the director, and shall be
verified on oath by the applicant. ((If the applicant is a corporation, the
application shall include a list of the officers and directors of such
corporation, and their addresses; if the applicant is a firm or partnership,
the application shall include a list of the names and addresses of the
partners. The application shall include a consent to service of process, in
such form as the director shall prescribe, and payment of the fee required by
RCW 18.44.080.)) An application for an escrow agent license shall
include fingerprints for all officers, directors, owners, partners, and
controlling persons, and, unless waived by the director, the following:
(1)
The applicant's form of business organization and place of organization;
(2)
If the applicant is a corporation or limited liability company, the address of
its physical location, a list of officers, controlling persons, and directors
of such corporation or company and their residential addresses, telephone
numbers, and other identifying information as the director may determine by
rule. If the applicant is a sole proprietorship or partnership, the address of
its business location, a list of owners, partners, or controlling persons and
their residential addresses, telephone numbers, and other identifying
information as the director may determine by rule. Any information in the
application regarding the personal residential address or telephone number of
any officer, director, partner, owner, controlling person, or employee is exempt
from the public records disclosure requirements of chapter 42.17 RCW;
(3)
In the event the applicant is doing business under an assumed name, a copy of
the master business license with the registered trade name shown;
(4)
The qualifications and business history of the applicant and all of its
officers, directors, owners, partners, and controlling persons;
(5)
A personal credit report from a recognized credit reporting bureau satisfactory
to the director on all officers, directors, owners, partners, and controlling
persons of the applicant;
(6)
Whether any of the officers, directors, owners, partners, or controlling
persons have been convicted of any crime within the preceding ten years which
relates directly to the business or duties of escrow agents, or have suffered a
judgment within the preceding five years in any civil action involving fraud,
misrepresentation, any unfair or deceptive act or practice, or conversion;
(7)
The identity of the licensed escrow officer designated by the escrow agent as the
designated escrow officer responsible for supervising the agent's escrow
activity;
(8)
Evidence of compliance with the bonding and insurance requirements of RCW
18.44.050 (as recodified by this act); and
(9)
Any other information the director may require by rule. The director may share
any information contained within a license application, including fingerprints,
with the federal bureau of investigation and other regulatory or law
enforcement agencies.
NEW
SECTION. Sec. 4. (1)
Any person desiring to become a licensed escrow officer must successfully pass
an examination.
(2)
The escrow officer examination shall encompass the following:
(a)
Appropriate knowledge of the English language, including reading, writing, and arithmetic;
(b)
An understanding of the principles of real estate conveyancing and the general
purposes and legal effects of deeds, mortgages, deeds of trust, contracts of
sale, exchanges, rental and optional agreements, leases, earnest money
agreements, personal property transfers, and encumbrances;
(c)
An understanding of the obligations between principal and agent;
(d)
An understanding of the meaning and nature of encumbrances upon real property;
(e)
An understanding of the principles and practice of trust accounting; and
(f)
An understanding of the escrow agent registration act and other applicable law
such as the real estate settlement procedures act, 12 U.S.C. Sec. 2601, and
regulation X, 24 C.F.R. Sec. 3500.
(3)
The examination shall be in such form as prescribed by the director with the
advice of the escrow commission, and shall be given at least annually.
Sec.
5. RCW
18.44.050 and 1979 c 70 s 1 are each amended to read as follows:
(1)
At the time of filing an application ((as)) for an escrow agent license,
or any renewal or reinstatement ((thereof)) of an escrow agent
license, the applicant shall ((satisfy)) provide satisfactory
evidence to the director ((that it has)) of having obtained
the following as evidence of financial responsibility:
(((1)))
(a) A fidelity bond providing coverage in the aggregate amount of two
hundred thousand dollars with a deductible no greater than ten thousand
dollars covering each corporate officer, partner, escrow officer, and
employee of the applicant engaged in escrow transactions; ((and
(2))) (b)
An errors and omissions policy issued to the escrow agent providing coverage in
the minimum aggregate amount of fifty thousand dollars or, alternatively, cash
or securities in the principal amount of fifty thousand dollars deposited in an
approved depository on condition that they be available for payment of any
claim payable under an equivalent errors and omissions policy in that amount
and pursuant to rules and regulations adopted by the department for that
purpose; and
(c)
A surety bond in the amount of ten thousand dollars executed by the applicant
as obligor and by a surety company authorized to do a surety business in this
state as surety, unless the fidelity bond obtained by the licensee to satisfy
the requirement in (a) of this subsection does not have a deductible. The bond
shall run to the state of Washington as obligee, and shall run to the benefit
of the state and any person or persons who suffer loss by reason of the
applicant's or its employee's violation of this chapter. The bond shall be
conditioned that the obligor as licensee will faithfully conform to and abide
by this chapter and all rules adopted under this chapter, and shall reimburse
all persons who suffer loss by reason of a violation of this chapter or rules
adopted under this chapter. The bond shall be continuous and may be canceled
by the surety upon the surety giving written notice to the director of its
intent to cancel the bond. The cancellation shall be effective thirty days
after the notice is received by the director. Whether or not the bond is
renewed, continued, reinstated, reissued, or otherwise extended, replaced, or
modified, including increases or decreases in the penal sum, it shall be
considered one continuous obligation, and the surety upon the bond shall not be
liable in an aggregate amount exceeding the penal sum set forth on the face of
the bond. In no event shall the penal sum, or any portion thereof, at two or
more points in time be added together in determining the surety's liability.
The bond shall not be liable for any penalties imposed on the licensee,
including but not limited to, any increased damages or attorneys' fees, or
both, awarded under RCW 19.86.090.
(2)
For the purposes of this section, a "fidelity bond" shall mean a
primary commercial blanket bond or its equivalent satisfactory to the director
and written by an insurer authorized to transact ((surety)) this line
of business in the state of Washington. Such bond shall provide fidelity
coverage for any fraudulent or dishonest acts committed by any one or more of
the employees or officers as defined in the bond, acting alone or in collusion
with others. ((Said)) This bond shall be for the sole benefit of
the escrow agent and under no circumstances whatsoever shall the bonding
company be liable under the bond to any other party. The bond shall name the
escrow agent as obligee and shall protect the obligee against the loss of money
or other real or personal property belonging to the obligee, or in which the
obligee has a pecuniary interest, or for which the obligee is legally liable or
held by the obligee in any capacity, whether the obligee is legally liable
therefor or not. The bond may be canceled by the insurer upon delivery of
thirty days' written notice to the director and to the escrow agent.
(3)
For the purposes of this section, an "errors and omissions policy"
shall mean a group or individual insurance policy satisfactory to the director
and issued by an insurer authorized to transact insurance business in the state
of Washington. Such policy shall provide coverage for unintentional errors and
omissions of the escrow agent and its employees, and may be canceled by the
insurer upon delivery of thirty days' written notice to the director and to the
escrow agent.
(4)
Except as provided in RCW 18.44.360 (as recodified by this act), the
fidelity bond, surety bond, and the errors and omissions policy required
by this section shall be kept in full force and effect as a condition precedent
to the escrow agent's authority to transact escrow business in this state, and
the escrow agent shall supply the director with satisfactory evidence thereof
upon request.
Sec.
6. RCW
18.44.060 and 1965 c 153 s 6 are each amended to read as follows:
In
the event of cancellation of ((a)) either the fidelity bond,
the surety bond, or both, the director shall require the filing of a new
bond or bonds. Failure to ((deposit such)) provide the
director with satisfactory evidence of a new bond after receipt by the
director of notification ((by the director)) that one is required or
by the effective date of the cancellation notice, whichever is later, shall
be sufficient grounds for the suspension or revocation of the ((certificate
of registration)) escrow agent's license.
Sec.
7. RCW
18.44.067 and 1977 ex.s. c 156 s 19 are each amended to read as follows:
A
licensed escrow agent shall provide notice in writing ((shall be given))
to the director and to the insurer providing coverage under RCW 18.44.050 ((as
now or hereafter amended)) (as recodified by this act) of any change
of business location ((or of)), branch office location, or
business name. Such notice shall be given in a form prescribed by the
director and shall be delivered at least ten business days prior to the change
in business location or name. Upon the surrender of the original ((registration))
license for the agent or the ((registration)) applicable ((to
a)) branch office and a payment of a fee, the director shall issue a new ((certificate
covering)) license for the new location.
Sec.
8. RCW
18.44.070 and 1990 c 203 s 1 are each amended to read as follows:
(1)
Every ((certificated)) licensed escrow agent shall keep adequate
records, as determined by rule by the director, of all transactions
handled by or through the agent including itemization of all receipts and
disbursements of each transaction((, which)). These records shall be
maintained in this state, unless otherwise approved by the director, for a
period of six years from completion of the transaction. These records
shall be open to inspection by the director or the director's authorized
representatives.
(2)
Every ((certificated)) licensed escrow agent shall keep ((a))
separate escrow fund accounts as determined by rule by the director in
((a)) recognized Washington state ((depositary)) depositaries
authorized to receive funds, in which shall be kept separate and apart and
segregated from the agent's own funds, all funds or moneys of clients which are
being held by the agent pending the closing of a transaction and such funds
shall be deposited not later than the first banking day following receipt
thereof.
(3)
An escrow agent, unless exempted by RCW 18.44.020(2) (as recodified by this
act), shall not make disbursements on any escrow account without first
receiving deposits directly relating to the account in amounts at least equal
to the disbursements. An escrow agent shall not make disbursements until the
next business day after the business day on which the funds are deposited
unless the deposit is made in cash, by interbank electronic transfer, or in a
form that permits conversion of the deposit to cash on the same day the deposit
is made. The deposits shall be in one of the following forms:
(((1)))
(a) Cash;
(((2)))
(b) Interbank electronic transfers such that the funds are
unconditionally received by the escrow agent or the agent's depository;
(((3)))
(c) Checks, negotiable orders of withdrawal, money orders, cashier's
checks, and certified checks that are payable in Washington state and drawn on
financial institutions located in Washington state; ((or
(4))) (d)
Checks, negotiable orders of withdrawal, money orders, and any other item that
has been finally paid as described in RCW 62A.4-213 before any disbursement; or
(((5)))
(e) Any depository check, including any cashier's check, certified
check, or teller's check, which is governed by the provisions of the federal
expedited funds availability act, 12 U.S.C. Sec.
4001 et seq.
(4)
For purposes of this section, the word "item" means any
instrument for the payment of money even though it is not negotiable, but does
not include money.
(5)
Violation of this section shall subject an escrow agent to penalties as
prescribed in Title 9A RCW and remedies as provided in chapter 19.86 RCW and
shall constitute grounds for suspension or revocation of the ((registration
or)) license of any ((certified)) licensed escrow agent or
licensed escrow officer. In addition, an escrow agent who is required to be
licensed under this chapter and who violates this section or an individual who
is required to be licensed as an escrow officer under this chapter and who
violates this section, may be subject to penalties as prescribed in RCW
18.44.260 (as recodified by this act).
NEW
SECTION. Sec. 9. It is
a violation of this chapter for any escrow agent, controlling person, officer,
designated escrow officer, independent contractor, employee of an escrow
business, or other person subject to this chapter to:
(1)
Directly or indirectly employ any scheme, device, or artifice to defraud or
mislead borrowers or lenders or to defraud any person;
(2)
Directly or indirectly engage in any unfair or deceptive practice toward any
person;
(3)
Directly or indirectly obtain property by fraud or misrepresentation;
(4)
Knowingly make, publish, or disseminate any false, deceptive, or misleading
information in the conduct of the business of escrow, or relative to the
business of escrow or relative to any person engaged therein;
(5)
Knowingly receive or take possession for personal use of any property of any
escrow business, other than in payment authorized by this chapter, and with
intent to defraud, omit to make, or cause or direct to be made, a full and true
entry thereof in the books and accounts of the business;
(6)
Make or concur in making any false entry, or omit or concur in omitting to make
any material entry, in its books or accounts;
(7)
Knowingly make or publish, or concur in making or publishing any written
report, exhibit, or statement of its affairs or pecuniary condition containing
any material statement which is false, or omit or concur in omitting any
statement required by law to be contained therein;
(8)
Willfully fail to make any proper entry in the books of the escrow business as
required by law;
(9)
Fail to disclose in a timely manner to the other officers, directors,
controlling persons, designated escrow officer, or other licensed escrow
officers the receipt of service of a notice of an application for an injunction
or other legal process affecting the property or business of an escrow agent,
including in the case of a licensed escrow agent an order to cease and desist
or other order of the director; or
(10)
Fail to make any report or statement lawfully required by the director or other
public official.
Sec.
10. RCW
18.44.080 and 1995 c 238 s 2 are each amended to read as follows:
The
director shall charge and collect the following fees as established by rule
by the director:
(1)
A fee for filing an original or a renewal application for ((registration
as)) an escrow agent((,)) license, a fee for each application for
an additional licensed location, a fee for an application for a change of
address for an escrow agent, annual fees for the first office or location
and for each additional office or location, and under RCW 43.135.055 the
director shall set the annual fee for an escrow agent license up to five
hundred sixty-five dollars in fiscal year 2000.
(2)
A fee for filing an original or a renewal application for an escrow
officer license, a fee for an application for a change of address((,))
for each ((certificate of registration and for each)) escrow officer
license being so changed, a fee to activate an inactive escrow officer
license or transfer an escrow officer license, and under RCW 43.135.055 the
director shall set the annual fee for an escrow officer license up to two
hundred thirty-five dollars in fiscal year 2000.
(3)
A fee for filing an application for a duplicate of ((a certificate of
registration)) an escrow agent license or of an escrow officer
license lost, stolen, destroyed, or for replacement.
(4)
A fee for providing ((administrative support to the escrow commission))
license examinations.
(5)
An hourly audit fee. In setting this fee, the director shall ensure that every
examination and audit, or any part of the examination or audit, of any person
licensed or subject to licensing in this state requiring travel and services
outside this state by the director or by employees designated by the director,
shall be at the expense of the person examined or audited at the hourly rate
established by the director, plus the per diem compensation and actual travel
expenses incurred by the director or his or her employees conducting the
examination or audit. When making any examination or audit under this chapter,
the director may retain attorneys, appraisers, independent certified public
accountants, or other professionals and specialists as examiners or auditors,
the cost of which shall be borne by the person who is the subject of the
examination or audit.
((All
fees under this chapter shall be set by rule by the director.)) In ((fixing))
establishing these fees, the director shall set the fees at a sufficient
level to defray the costs of administering this chapter.
All fees received by the director under this chapter shall be paid
into the state treasury to the credit of the banking examination fund.
Sec.
11. RCW
18.44.090 and 1977 ex.s. c 156 s 8 are each amended to read as follows:
Upon
the filing of the application for ((registration as)) an escrow agent license
on a form provided by the director and satisfying the requirements as set forth
in this chapter, the director shall issue and deliver to the applicant a ((certificate
of registration)) license to engage in the business of an escrow
agent at the location set forth in the ((certificate)) license.
Sec.
12. RCW
18.44.100 and 1965 c 153 s 10 are each amended to read as follows:
An
escrow agent's ((certificate or [of] registration)) license shall
remain in effect until surrendered, revoked, suspended, or until it expires,
and shall at all times be kept conspicuously posted in all places of business
of the agent.
Sec.
13. RCW
18.44.110 and 1985 c 340 s 2 are each amended to read as follows:
Each
escrow agent's ((certificate)) license shall expire at noon on
the thirty-first day of December of any calendar year. ((Registration))
The license may be renewed by filing an application and paying the
annual ((registration)) license fee for the next succeeding calendar
year.
Sec.
14. RCW
18.44.120 and 1965 c 153 s 12 are each amended to read as follows:
An
escrow agent's ((certificate)) license which has not been renewed
may be reinstated at any time prior to the thirtieth day of January following
its expiration, upon the payment to the director of the annual ((registration))
license fees then in default and a penalty equal to one-half of the
annual ((registration)) license fees then in default.
Sec.
15. RCW
18.44.125 and 1996 c 293 s 11 are each amended to read as follows:
The director shall suspend the ((certificate of registration))
license of any person who has been certified by a lending agency and
reported to the director for nonpayment or default on a federally or
state-guaranteed educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an opportunity for a brief
adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding
of nonpayment or default on a federally or state-guaranteed educational loan or
service-conditional scholarship. The person's ((certificate of registration))
license shall not be reissued until the person provides the director a
written release issued by the lending agency stating that the person is making
payments on the loan in accordance with a repayment agreement approved by the
lending agency. If the person has continued to meet all other requirements for
((registration)) licensing during the suspension, reinstatement
shall be automatic upon receipt of the notice and payment of any reinstatement
fee the director may impose.
Sec.
16. RCW
18.44.130 and 1977 ex.s. c 156 s 9 are each amended to read as follows:
The
revocation, suspension, surrender, or expiration of an escrow agent's ((certificate))
license shall not impair or affect preexisting escrows accepted by the
agent prior to such revocation, suspension, surrender, or expiration:
PROVIDED, That the escrow agent shall within five work days provide written
notice to all principals of such preexisting escrows of the agent's loss of ((registration))
license. The notice shall include as a minimum the reason for the loss
of ((registration)) license, the estimated date for completing
the escrow, and the condition of the agent's bond and whether it is in effect
or whether notice of cancellation has been given. The notice shall afford the
principals the right to withdraw the escrow without monetary loss.
Sec.
17. RCW
18.44.140 and 1965 c 153 s 14 are each amended to read as follows:
Any
person required by this chapter to obtain a ((certificate of registration))
license who engages in business as an escrow agent without applying for and
receiving the ((certificate of registration)) license required by
this chapter, or ((wilfully)) willfully continues to act as an
escrow agent or licensed escrow officer after surrender, expiration,
suspension, or revocation of his ((certificate)) or her license,
is guilty of a misdemeanor punishable by imprisonment for not more than ninety
days, or by a fine of not more than ((two hundred fifty dollars)) one
hundred dollars per day for each day's violation, or by both such fine and
imprisonment.
Sec.
18. RCW
18.44.160 and 1977 ex.s. c 156 s 10 are each amended to read as follows:
(1)
The director, through the attorney general, may prosecute an action in any
court of competent jurisdiction to enforce any order made by him or her
pursuant to this chapter and shall not be required to post a bond in any such
court proceedings.
(2)
If the director has cause to believe that any person has violated any penal
provision of this chapter he or she may refer the violation to the attorney
general or the prosecuting attorney of the county in which the offense was
committed.
(3)
Whenever ((it shall appear)) the director has cause to believe
that any person, required to be licensed by this chapter ((to
register with the department)), is conducting business as an escrow agent
without ((having applied for and obtained a certificate of registration))
a valid license, or that any ((certificated)) licensed
escrow agent, directly or through an agent or employee, is engaged in
any false, unfair and deceptive, or misleading advertising or promotional,
activity or business practices, or is conducting business in a manner
deemed unsafe or injurious to the public ((or any party having business
relations with such escrow agent as a contracting party to an escrow agreement
as defined in RCW 18.44.010)), or ((in violation of)) has
violated, is violating, or is about to violate any of the provisions of
this chapter, ((the attorney general or the prosecuting attorney of the
appropriate county may, after such investigation as may be necessary, apply to
the appropriate court for an order enjoining the person from engaging in or
continuing to engage in the activity violative of this chapter, and upon a
showing that such person has engaged, or is about to engage, in any such
activity, a permanent or temporary injunction, restraining order, or other
appropriate order may be issued by the court)) or a rule or order under
this chapter, the director, through the attorney general, may bring an action
in any court of competent jurisdiction to enjoin the person from continuing the
violation or doing any action in furtherance thereof. Upon proper showing,
injunctive relief or temporary restraining orders shall be granted by the court
and a receiver or conservator may be appointed.
(4)
The attorney general and the several prosecuting attorneys throughout the state
may prosecute proceedings brought pursuant to this chapter upon notification of
the director.
Sec.
19. RCW
18.44.175 and 1977 ex.s. c 156 s 20 are each amended to read as follows:
If
the director determines after notice and hearing that a person has:
(1)
Violated any provision of this chapter; or
(2)
Directly, or through an agent or employee, engaged in any false, unfair and
deceptive, or misleading:
(a)
Advertising or promotional activity((,)); or
(b)
Business practices; or
(3)
Violated any lawful order((,)) or rule((, or regulation))
of the director; the director may issue an order requiring the person to cease
and desist from the unlawful practice and to take such affirmative action as in
the judgment of the director will carry out the purposes of this chapter.
If
the director makes a finding of fact in writing that the public interest will
be irreparably harmed by delay in issuing an order, the director may issue a
temporary cease and desist order. ((Prior to issuing the temporary cease
and desist order, the director, whenever possible by telephone or otherwise,
shall give notice of the proposal to issue a temporary cease and desist order
to the person.)) Every temporary cease and desist order shall include in
its terms a provision that upon request a hearing will be held to determine
whether or not the order becomes permanent.
((If
it appears that a person has engaged or is about to engage in an act or
practice constituting a violation of a provision of this chapter, or a rule or
order under this chapter, the director, with or without prior administrative
proceedings, may bring an action in the superior court to enjoin the acts or
practices and to enforce compliance with this chapter or any rule, regulation,
or order under this chapter. Upon proper showing, injunctive relief or
temporary restraining orders shall be granted and a receiver or conservator may
be appointed. The director shall not be required to post a bond in any court
proceedings.))
Sec.
20. RCW
18.44.180 and 1965 c 153 s 19 are each amended to read as follows:
No
person engaged in the business or acting in the capacity of an escrow agent may
bring or maintain any action in any court of this state for the collection or
compensation for the performances of any services entered upon after December
31, 1965, for which ((registration)) licensing is required under
this chapter without alleging and proving that he or she was a duly ((certificated))
licensed escrow agent at the time of commencement of such services.
Sec.
21. RCW
18.44.200 and 1977 ex.s. c 156 s 11 are each amended to read as follows:
((No))
Every licensed escrow agent shall ((engage in the business of
handling escrow transactions unless such)) ensure that all escrow
transactions are supervised by a licensed (("))escrow officer((":
PROVIDED, That (1))). In the case of a partnership, ((one
licensed partner)) the designated escrow officer shall be a partner in
the partnership and shall act on behalf of the partnership((; (2))).
In the case of a corporation, ((one licensed officer thereof)) the
designated escrow officer shall be an officer of the corporation and shall
act on behalf of the corporation((; and (3) each branch office shall be
required to have at least one licensed escrow officer designated by the escrow
agent)). The designated escrow officer shall be responsible for that
agent's handling of escrow transactions, management of the agent's trust
account, and supervision of all other licensed escrow officers employed by the
agent. Responsibility for the conduct of any licensed escrow ((agent,
escrow)) officer((s, or branch escrow officers)) covered by this
chapter shall rest with the designated escrow officer or designated
branch escrow officer having direct supervision of such person's escrow
activities. The branch designated escrow officer shall bear
responsibility for ((persons operating under each branch escrow officer's))
supervision of all other licensed escrow officers or other persons
performing escrow transactions at a branch escrow office.
Sec.
22. RCW
18.44.260 and 1977 ex.s. c 156 s 16 are each amended to read as follows:
(1)
The director may, upon notice to the escrow agent and to the insurer providing
coverage under RCW 18.44.050 ((as now or hereafter amended, by order)) (as
recodified by this act), deny, suspend, decline to renew, or revoke
the ((certificate of registration or)) license of any escrow agent or
escrow officer if ((he)) the director finds that the applicant or
any partner, officer, director, controlling person, or employee ((is guilty))
has committed any of the following acts or engaged in any of the
following conduct:
(((1)))
(a) Obtaining a license ((or registration)) by means of fraud,
misrepresentation, concealment, or through the mistake or inadvertence of the
director.
(((2)))
(b) Violating any of the provisions of this chapter or any lawful rules
((or regulations)) made by the director pursuant thereto.
(((3)))
(c) The commission of a crime against the laws of this or any other
state or government, involving moral turpitude or dishonest dealings.
(((4)))
(d) Knowingly committing or being a party to, any material fraud,
misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device
whereby any other person lawfully relying upon the word, representation, or
conduct of the licensee or agent or any partner, officer, director, controlling
person, or employee acts to his or her injury or damage.
(((5)))
(e) 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.
(((6)))
(f) 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.
(((7)))
(g) Committing any act of fraudulent or dishonest dealing, 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.
(((8)))
(h) Accepting, taking, or charging any undisclosed commission,
rebate, or direct profit on expenditures made for the principal.
(i)
Committing acts or engaging in conduct that demonstrates the applicant or
licensee to be incompetent or untrustworthy, or a source of injury and loss to
the public.
(2)
Any conduct of an applicant or licensee that constitutes grounds for
enforcement action under this chapter is sufficient regardless of whether the
conduct took place within or outside of the state of Washington.
(3)
In addition to or in lieu of a license suspension, revocation, or denial, the
director may assess a fine of up to one hundred dollars per day for each day's
violation of this chapter or rules adopted under this chapter and may remove
and/or prohibit from participation in the conduct of the affairs of any
licensed escrow agent, any officer, controlling person, director, employee, or
licensed escrow officer.
Sec.
23. RCW
18.44.280 and 1977 ex.s. c 156 s 21 are each amended to read as follows:
The
director may:
(1)
Make necessary public or private investigations within or outside of this state
to determine whether any person has violated or is about to violate this
chapter or any rule((, regulation,)) or order under this chapter, or to
aid in the enforcement of this chapter or in the prescribing of rules and forms
under this chapter; or
(2)
Require or permit any person to file a statement in writing, under oath or
otherwise as the director determines, as to all facts and circumstances
concerning the matter to be investigated.
For
the purpose of any investigation or proceeding under this chapter, the director
or any officer designated by ((him)) the director may administer
oaths or affirmations, and upon his or her own motion or upon request of
any party, may subpoena witnesses, compel their attendance, take evidence, and
require the production of any matter which is relevant to the investigation,
including the existence, description, nature, custody, condition, and location
of any books, documents, or other tangible things and the identity and location
of persons having knowledge or relevant facts, or any other matter reasonably
calculated to lead to the discovery of material evidence.
Upon
failure to obey a subpoena or to answer questions propounded by the
investigating officer and upon reasonable notice to all persons affected
thereby, the director may apply to the superior court for an order compelling
compliance.
Except
as otherwise provided in this chapter, all proceedings under this chapter shall
be in accordance with the administrative procedure act, chapter 34.05 RCW.
Sec.
24. RCW
18.44.290 and 1995 c 238 s 4 are each amended to read as follows:
Any
person desiring to be ((an)) a licensed escrow officer shall meet
the requirements of ((RCW 18.44.220)) section 4 of this act as
provided in this chapter. The applicant shall make application endorsed by a
((certificated)) licensed escrow agent to the director on a form
to be prescribed and furnished by the director. Such application must be
received by the director within one year of passing the escrow officer
examination. With this application the applicant shall:
(1)
Pay a license fee as set forth by rule; and
(2) Furnish such proof as the director may require concerning his
or her honesty, truthfulness, good reputation, and identity, including but not
limited to fingerprints, residential address and telephone number,
qualifications and employment history, a personal credit report, and any other
information required under RCW 18.44.030 (as recodified by this act).
Sec.
25. RCW
18.44.300 and 1985 c 340 s 5 are each amended to read as follows:
((Any
person desiring to be an escrow officer must include with the application a
license fee.)) Every escrow officer license issued under the provisions of
this chapter expires on the date one year from the date of issue which date
will henceforth be the renewal date. An annual license renewal fee in the same
amount must be paid on or before each renewal date: PROVIDED, That licenses
issued or renewed prior to September 21, 1977, shall use the existing
renewal date as the date of issue. If the application for a ((renewal))
license renewal is not received by the director on or before the renewal
date such license is expired. The license may be reinstated at any time prior
to the next succeeding renewal date following its expiration upon the payment
to the director of the annual renewal fee then in default. Acceptance by the
director of an application for renewal after the renewal date shall not be a
waiver of the delinquency. Licenses not renewed within one year of the renewal
date then in default shall be canceled. A new license may be obtained by
satisfying the procedures and qualifications for initial licensing, including
where applicable successful completion of examinations.
Sec.
26. RCW
18.44.310 and 1989 c 51 s 1 are each amended to read as follows:
The
license of ((an)) a licensed escrow officer shall be retained and
displayed at all times by the ((certificated)) licensed escrow
agent((, and)). When the officer ceases for any reason to
represent the agent, the license shall cease to be in force. ((Notice of
such termination shall be given by the next regular business day by the escrow
agent to the director and such notice shall be accompanied by and include the
surrender of the escrow officer's license. Failure to notify the director of
such termination after demand by the affected escrow officer shall work a
forfeiture of the escrow agent's certificate of registration)) Within
three business days of termination of the licensed escrow officer's employment,
the licensed escrow agent shall notify the director that the terminated escrow
officer no longer represents the escrow agent. Within ten business days of
termination of the licensed escrow officer's employment, the licensed escrow
agent shall deliver the surrendered escrow officer license to the director.
Failure to notify the director within three business days or deliver the
surrendered license to the director within ten business days shall, at the
discretion of the director, subject the escrow agent to penalties under RCW
18.44.260 (as recodified by this act).
The
director may hold the licensed escrow officer's license inactive upon ((application
of the escrow officer: PROVIDED, That the escrow officer shall pay the annual
renewal fee. Such)) notification of termination by the escrow agent or
designated escrow officer. The licensed escrow officer shall pay the renewal
fee annually to maintain an inactive license. An inactive license may be
activated upon application of a ((certificated)) licensed escrow
agent on a form provided by the director and the payment of a fee. If the
licensed escrow officer continues to meet the requirements of licensing in RCW
18.44.290 (as recodified by this act), the director shall thereupon issue a
new license for the unexpired term ((if such)) of the licensed
escrow officer ((is otherwise entitled thereto)). An escrow officer's
first license shall not be issued inactive.
Sec.
27. RCW
18.44.320 and 1977 ex.s. c 156 s 25 are each amended to read as follows:
(1)
The director has the power and broad administrative discretion to administer
and interpret this chapter to facilitate the delivery of services to citizens
of this state by escrow agents and others subject to this chapter.
(2)
The director may issue rules and regulations to govern the activities of ((certificated))
licensed escrow agents and escrow officers. The director shall enforce
all laws((,)) and rules((, and regulations relative)) relating
to the ((registration)) licensing of escrow agents and ((licensing
of)) escrow officers and fix the time and places for holding
examinations of applicants for licenses and prescribe the method of conducting
the examinations. The director may hold hearings and suspend or revoke the
((registration or)) licenses of violators and may deny, suspend, or
revoke the authority of an escrow officer to act as the designated escrow
officer of a person who commits violations of this chapter or of the rules ((and
regulations)) under this chapter.
Except
as specifically provided in this chapter, the rules adopted and the hearings
conducted shall be in accordance with the provisions of chapter 34.05 RCW, the
administrative procedure act.
Sec.
28. RCW
18.44.330 and 1977 ex.s. c 156 s 26 are each amended to read as follows:
((An))
(1) A licensed escrow agent shall not operate an escrow business in a
location other than the location set forth on the agent's ((certificate of
registration)) license or branch office license issued by the
director. The licensed escrow agent may apply to the director for
authority to establish one or more branch offices under the same name as the
main office.
(2)
Each branch office operated by a licensed escrow agent shall be supervised by a
licensed escrow officer designated by the licensed escrow agent as the
designated branch escrow officer for that branch.
(3)
Any person desiring to operate a branch escrow office shall make application on
a form provided by the director and pay a fee as set forth in ((this chapter))
rule by the director. Such application shall identify the ((natural
person)) licensed escrow officer designated as the designated
branch escrow officer to supervise the agent's escrow activity at the ((escrow
agent)) branch office.
(4)
No escrow agent branch office ((certificate of registration)) license
shall be issued until the applicant has satisfied the director that the escrow
activity of ((said)) the branch meets all financial
responsibility requirements governing the conduct of escrow activity.
Sec.
29. RCW
18.44.340 and 1977 ex.s. c 156 s 27 are each amended to read as follows:
Upon
the filing of the application for an escrow agent branch office and satisfying
the requirements of this chapter, the director shall issue and deliver to the
applicant a ((certificate of registration)) license to engage in
the business of an escrow agent at the branch location set forth on the ((certificate))
license.
Sec.
30. RCW
18.44.350 and 1977 ex.s. c 156 s 28 are each amended to read as follows:
Each
escrow agent ((and)) license, each escrow agent branch office ((certificate
of registration)) license, and each escrow officer license((,
when issued,)) shall be issued in the form and size prescribed by
the director and shall state in addition to any other matter required by the
director:
(1)
The name of the licensee ((or registrant));
(2)
The name under which the applicant will do business;
(3)
The address at which the applicant will do business;
(4)
The expiration date of the license ((or registration)); and
(5)
In the case of a corporation, partnership, or branch office, the name of the ((natural
person who is)) designated ((to act as the)) escrow officer ((on
behalf thereof)) or designated branch escrow officer.
Sec.
31. RCW
18.44.360 and 1988 c 178 s 2 are each amended to read as follows:
The director shall, within thirty days after the written request of
the escrow commission, hold a public hearing to determine whether the fidelity
bond, surety bond, and/or the errors and omissions policy specified in
RCW 18.44.050 ((as now or hereafter amended)) (as recodified by this
act) is reasonably available to a substantial number of ((certificated))
licensed escrow agents. If the director determines and the insurance
commissioner concurs that such bond or bonds and/or policy is not
reasonably available, the director shall waive the requirements for such bond or
bonds and/or policy for a fixed period of time.
Sec.
32. RCW
18.44.370 and 1987 c 471 s 4 are each amended to read as follows:
After
a written determination by the director, with the consent of the insurance
commissioner, that the fidelity bond, the surety bond, and/or the errors
and omissions policy required under RCW 18.44.050 ((as now or hereafter
amended)) (as recodified by this act) is cost-prohibitive, or after
a determination as provided in RCW 18.44.360 (as recodified by this act)
that such bond or policy is not reasonably available, ((upon the request of))
an association comprised of ((certificated)) licensed escrow
agents, ((the director,)) with the consent of the insurance
commissioner, may ((authorize such association to)) organize a ((mutual))
corporation pursuant to chapter 24.06 RCW, exempt from the provisions of Title
48 RCW, for the purpose of insuring or self-insuring against claims arising out
of escrow transactions((, if, in the director's judgment, there is a
substantial likelihood that the corporation will operate for the benefit of the
public and if the corporation shall have established rules, procedures, and
reserves which satisfy the director that it will operate in a financially
responsible manner which provides a substantial probability that it shall be
able to pay any claims made against the corporation, up to the limits of
financial responsibility as provided in RCW 18.44.050, as now or hereafter
amended)). The ((director, with the consent of the)) insurance
commissioner((,)) may limit the authority of the corporation to the
insuring or self-insuring of claims which would be within the coverage
specified in RCW 18.44.050 (as recodified by this act). The ((director,
with the consent of the)) insurance commissioner((,)) may revoke the
authority of the corporation to transact insurance or self-insurance if he or
she determines, pursuant to chapter 34.05 RCW, that the corporation is not
acting in a financially responsible manner or for the benefit of the public.
Sec.
33. RCW
18.44.145 and 1988 c 178 s 3 are each amended to read as follows:
(1)
"Real property lender" as used in this section means a bank, savings
bank, savings and loan association, credit union, mortgage company, or other
corporation, association, or partnership that makes loans secured by real
property located in this state.
(2)
No real property lender, escrow agent, or officer or employee of any escrow
agent or real property lender may give or agree to pay or give any money,
service, or object of value to any real estate agent or broker, to any real
property lender, or to any officer or employee of any agent, broker, or lender
in return for the referral of any real estate escrow services. Nothing in this
subsection prohibits the payment of fees or other compensation permitted under
the federal Real Estate Settlement Procedures Act as amended (12 U.S.C.
sections 2601 through 2617).
(3)
((A violation of this section constitutes a violation of RCW 19.86.020, and
any person harmed in his or her business or property is entitled to the
remedies provided under RCW 19.86.090.)) The legislature finds that the
practices governed by this subsection are matters vitally affecting the public
interest for the purpose of applying the consumer protection act, chapter 19.86
RCW. Any violation of this section is not reasonable in relation to the
development and preservation of business and is an unfair and deceptive act or
practice and unfair method of competition in the conduct of trade or commerce
in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are
cumulative and not exclusive.
NEW
SECTION. Sec. 34. A
new section is added to chapter 48.29 RCW to read as follows:
(1)
Every title insurance company and title insurance agent conducting the business
of an escrow agent as defined in RCW 18.44.010 (as recodified by this act) and
exempt from licensing under RCW 18.44.020(6) (as recodified by this act) shall:
(a)
Keep adequate records, as determined by rule by the insurance commissioner, of
all transactions handled by the title insurance company or title insurance
agent, including itemization of all receipts and disbursements of each
transaction. These records shall be maintained in this state, unless otherwise
approved by the insurance commissioner, for a period of six years from
completion of the transaction. These records shall be open to inspection by
the insurance commissioner or his or her authorized representatives;
(b)
Keep separate escrow fund account or accounts in a recognized Washington state
depositary or depositaries authorized to receive funds, in which shall be kept
separate and apart and segregated from the title insurance company or title
insurance agent's own funds, all funds or moneys of clients which are being
held by the title insurance company or title insurance agent pending the
closing of a transaction and such funds shall be deposited not later than the
first banking day following receipt thereof; and
(c)
Not make disbursements on any escrow account without first receiving deposits
directly relating to the account in amounts at least equal to the
disbursements. A title insurance company or title insurance agent shall not
make disbursements until the next business day after the business day on which
the funds are deposited unless the deposit is made in cash, by interbank
electronic transfer, or in a form that permits conversion of the deposit to
cash on the same day the deposit is made. The deposits shall be in one of the
following forms:
(i)
Cash;
(ii)
Interbank electronic transfers such that the funds are unconditionally received
by the title insurance company or the title insurance agent or the title
insurance company or title insurance agent's depository;
(iii)
Checks, negotiable orders of withdrawal, money orders, cashier's checks, and
certified checks that are payable in Washington state and drawn on financial
institutions located in Washington state;
(iv)
Checks, negotiable orders of withdrawal, money orders, and any other item that
has been finally paid as described in RCW 62A.4‑213 before any
disbursement; or
(v)
Any depository check, including any cashier's check, certified check, or
teller's check, which is governed by the provisions of the federal expedited
funds availability act, 12 U.S.C. Sec. 4001 et seq.
(2)
For purposes of this section, "item" means any instrument for the
payment of money even though it is not negotiable, but does not include money.
(3)
Violation of this section shall subject a title insurance company or title
insurance agent to penalties as prescribed in Title 9A RCW and remedies as
provided in chapter 19.86 RCW and shall constitute grounds for suspension or
revocation of the certificate of authority of a title insurance company or the
license of a title insurance agent. In addition, a violation of this section
may subject a title insurance company or a title insurance agent to penalties
as prescribed in this title.
NEW
SECTION. Sec. 35. A
new section is added to chapter 48.29 RCW to read as follows:
It
is a violation of this chapter for any title insurance company and title
insurance agent in the conduct of the business of an escrow agent as defined in
RCW 18.44.010 (as recodified by this act) and exempt from licensing under RCW
18.44.020(6) (as recodified by this act) to:
(1)
Directly or indirectly employ any scheme, device, or artifice to defraud or
mislead borrowers or lenders or to defraud any person;
(2)
Directly or indirectly engage in any unfair or deceptive act or practice toward
any person;
(3)
Directly or indirectly obtain property by fraud or misrepresentation;
(4)
Knowingly make, publish, or disseminate any false, deceptive, or misleading
information in the conduct of the business of escrow, or relative to the
business of escrow or relative to any person engaged therein;
(5)
Knowingly receive or take possession for personal use of any property of any
escrow business, other than in payment authorized by this chapter, and with
intent to defraud, omit to make, or cause or direct to be made, a full and true
entry thereof in the books and accounts of the title insurance company or title
insurance agent;
(6)
Make or concur in making any false entry, or omit or concur in omitting to make
any material entry, in its books or accounts;
(7)
Knowingly make or publish, or concur in making or publishing any written
report, exhibit, or statement of its affairs or pecuniary condition containing
any material statement which is false, or omit or concur in omitting any
statement required by law to be contained therein;
(8)
Willfully fail to make any proper entry in the books of the escrow business as
required by law;
(9)
Fail to disclose in a timely manner to the other officers, directors,
controlling persons, or employees the receipt of service of a notice of an
application for an injunction or other legal process affecting the property or
business of a title insurance company or title insurance agent conducting an
escrow business, including an order to cease and desist or other order of the
insurance commissioner; or
(10)
Fail to make any report or statement lawfully required by the insurance
commissioner or other public official.
NEW
SECTION. Sec. 36. The
following acts or parts of acts are each repealed:
(1) RCW
18.44.040 and 1977 ex.s. c 156 s 4, 1971 ex.s. c 245 s 3, &
1965 c 153 s 4;
(2) RCW
18.44.065 and 1977 ex.s. c 156 s 18;
(3) RCW
18.44.150 and 1965 c 153 s 16;
(4) RCW
18.44.220 and 1985 c 340 s 4, 1977 ex.s. c 156 s 13, & 1971
ex.s. c 245 s 9; and
(5) RCW
18.44.240 and 1977 ex.s. c 156 s 14 & 1971 ex.s. c 245 s 11.
NEW
SECTION. Sec. 37. The
following sections are codified or recodified within chapter 18.44 RCW in the
following order:
(1)
The following section is recodified and designated as a subchapter of chapter
18.44 RCW under the subchapter designation "Definitions":
RCW
18.44.010
(2)
The following sections are codified or recodified and designated as a
subchapter of chapter 18.44 RCW under the subchapter designation
"Licensing":
RCW
18.44.020
RCW
18.44.030
RCW
18.44.330
RCW
18.44.340
RCW
18.44.067
RCW
18.44.200
RCW
18.44.290
RCW
18.44.300
RCW
18.44.310
RCW
18.44.350
RCW
18.44.080
RCW
18.44.090
RCW
18.44.100
RCW
18.44.110
RCW
18.44.120
RCW
18.44.140
RCW
18.44.180
RCW
18.44.250
Section
4 of this act
(3)
The following sections are recodified and designated as a subchapter of chapter
18.44 RCW under the subchapter designation "Bonding":
RCW
18.44.050
RCW
18.44.060
RCW
18.44.360
RCW
18.44.370
RCW
18.44.375
RCW
18.44.380
RCW
18.44.385
RCW
18.44.390
RCW
18.44.395
RCW
18.44.398
(4)
The following section is codified and designated as a subchapter of chapter
18.44 RCW under the subchapter designation "Prohibited Practices":
Section
9 of this act
(5)
The following sections are recodified and designated as a subchapter of chapter
18.44 RCW under the subchapter designation "Enforcement":
RCW
18.44.070
RCW
18.44.320
RCW
18.44.280
RCW
18.44.260
RCW
18.44.175
RCW
18.44.145
RCW
18.44.125
RCW
18.44.130
RCW
18.44.190
RCW
18.44.170
RCW
18.44.160
(6)
The following sections are recodified and designated as a subchapter of chapter
18.44 RCW under the subchapter designation "Escrow Commission":
RCW
18.44.208
RCW
18.44.215
(7)
The following sections are recodified and designated as a subchapter of chapter
18.44 RCW under the subchapter designation "Miscellaneous":
RCW
18.44.900
RCW
18.44.910
RCW
18.44.920
RCW
18.44.921
RCW
18.44.922
