BILL REQ. #:  H-2072.1 

READ FIRST TIME 02/20/07.   

     AN ACT Relating to the uniform regulation of business and professions; amending RCW 18.140.160, 18.185.110, 18.185.120, 19.16.410, 18.220.040, 18.220.130, 18.220.050, 18.165.170, 18.170.180, 18.235.005, 18.235.010, 18.235.020, 18.235.040, 18.235.050, 18.235.080, 18.235.090, 18.235.100, 18.235.110, 18.235.130, 18.235.150, and 18.235.210; and repealing RCW 18.140.175, 18.85.343, 18.220.140, 18.220.150, 18.220.170, and 18.220.180.

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

Sec. 1   RCW 18.140.160 and 2005 c 339 s 14 are each amended to read as follows:
     In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action for the following conduct, acts, or conditions:
     (1) Failing to meet the minimum qualifications for state certification, licensure, or registration established by or pursuant to this chapter;
     (2) Paying money other than the fees provided for by this chapter to any employee of the director or the commission to procure state certification, licensure, or registration under this chapter;
     (3) Continuing to act as a state-certified real estate appraiser, state-licensed real estate appraiser, or state-registered appraiser trainee when his or her certificate, license, or registration is on an expired status;
     (4) Violating any provision of this chapter or any lawful rule made by the director pursuant thereto;
     (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 employer, independent contractor, or supervisory appraiser of a state-certified real estate appraiser, state-licensed real estate appraiser, or state-registered appraiser trainee whose certification, license, or registration is currently in a suspended or revoked status;
     (7) Failure or refusal without good cause to exercise reasonable diligence in performing an appraisal practice under this chapter, including preparing an oral or written report to communicate information concerning an appraisal practice; and
     (8) Negligence or incompetence in performing an appraisal practice under this chapter, including preparing an oral or written report to communicate information concerning an appraisal practice.

Sec. 2   RCW 18.185.110 and 2004 c 186 s 9 are each amended to read as follows:
     In addition to the unprofessional conduct described in RCW 18.235.130, 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, and 18.185.250;
     (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. However, this subsection (3) does not prevent a bail bond recovery agent from using any pretext to locate or apprehend a fugitive criminal defendant or gain any information regarding the fugitive;
     (4) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.185.030 or 18.185.250;
     (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;
     (6) Failing to keep records, maintain a trust account, or return collateral or security, as required by RCW 18.185.100;
     (7) Any conduct in a bail bond transaction which demonstrates bad faith, dishonesty, or untrustworthiness;
     (8) Violation of an order to cease and desist that is issued by the director under ((this)) chapter 18.235 RCW;
     (9) Wearing, displaying, holding, or using badges not approved by the department;
     (10) Making any statement that would reasonably cause another person to believe that the bail bond recovery agent is a sworn peace officer;
     (11) Failing to carry a copy of the contract or to present a copy of the contract as required under RCW 18.185.270(1);
     (12) Using the services of an unlicensed bail bond recovery agent or using the services of a bail bond recovery agent without issuing the proper contract;
     (13) Misrepresenting or knowingly making a material misstatement or omission in the application for a license;
     (14) Using the services of a person performing the functions of a bail bond recovery agent who has not been licensed by the department as required by this chapter; or
     (15) Performing the functions of a bail bond recovery agent without being both (a) licensed under this chapter or supervised by a licensed bail bond recovery agent under RCW 18.185.290; and (b) under contract with a bail bond agent.

Sec. 3   RCW 18.185.120 and 2002 c 86 s 252 are each amended to read as follows:
     In addition to those powers set forth in RCW 18.235.030, the director or the director's designee has the authority((:
     (1))) 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)).

Sec. 4   RCW 19.16.410 and 1971 ex.s. c 253 s 32 are each amended to read as follows:
     The ((director)) board may ((promulgate)) adopt rules, make specific decisions, orders, and rulings, including therein demands and findings, and take other necessary action for the implementation and enforcement of ((his)) the board's duties under this chapter.

Sec. 5   RCW 18.220.040 and 2002 c 86 s 261 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; and
     (((3))) (2) 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 adopt standards of professional conduct and practice as approved by the board; and
     (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)).

Sec. 6   RCW 18.220.130 and 2002 c 86 s 263 are each amended to read as follows:
     In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, and conditions constitute unprofessional conduct:
     (1) Violating any of the provisions of this chapter or the rules adopted under this chapter;
     (2) Not meeting the qualifications for licensing set forth by this chapter; or
     (3) ((Failure to comply with an assurance of discontinuance entered into with the director; or
     (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. 7   RCW 18.220.050 and 2002 c 86 s 262 are each amended to read as follows:
     The board has the following authority in administering this chapter:
     (1) To ((establish)) adopt, amend, and rescind rules((, including board organization and assignment of terms, and meeting frequency and timing, for adoption by the director)) as deemed necessary to carry out this chapter;
     (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)) adopt or ((recognition of)) recognize 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)) adopt 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.

Sec. 8   RCW 18.165.170 and 2002 c 86 s 246 are each amended to read as follows:
     The director or the director's designee 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 enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter; and
     (3) To adopt standards of professional conduct or practice((;
     (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
     (5) To employ such administrative and clerical staff as necessary for the enforcement of this chapter)).

Sec. 9   RCW 18.170.180 and 2002 c 86 s 249 are each amended to read as follows:
     The director or the director's designee 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 adopt standards of professional conduct or practice; and
     (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
     (4))) To employ such administrative and clerical staff as necessary for the enforcement of this chapter.

Sec. 10   RCW 18.235.005 and 2002 c 86 s 101 are each amended to read as follows:
     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.

Sec. 11   RCW 18.235.010 and 2002 c 86 s 102 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Board" means those boards specified in RCW 18.235.020(2)(b).
     (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 RCW 18.235.110.
     (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 RCW 18.235.020.
     (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 RCW 18.235.020 without holding a valid, unexpired, unrevoked, and unsuspended license to do so; or
     (b) Representing to a ((consumer)) person, 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 RCW 18.235.020 without holding a valid, unexpired, unrevoked, and unsuspended license to do so.

Sec. 12   RCW 18.235.020 and 2006 c 219 s 13 are each amended to read as follows:
     (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 and bail bond recovery 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) Driver training schools and instructors under chapter 46.82 RCW;
     (viii) Employment agencies under chapter 19.31 RCW;
     (ix) For hire vehicle operators under chapter 46.72 RCW;
     (x) Limousines under chapter 46.72A RCW;
     (xi) Notaries public under chapter 42.44 RCW;
     (xii) Private investigators under chapter 18.165 RCW;
     (xiii) Professional boxing, martial arts, and wrestling under chapter 67.08 RCW;
     (xiv) Real estate appraisers under chapter 18.140 RCW;
     (xv) Real estate brokers and salespersons under chapters 18.85 and 18.86 RCW;
     (xvi) Security guards under chapter 18.170 RCW;
     (xvii) Sellers of travel under chapter 19.138 RCW;
     (xviii) Timeshares and timeshare salespersons under chapter 64.36 RCW; and
     (xix) 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 RCW 18.235.110 by the disciplinary authority.

Sec. 13   RCW 18.235.040 and 2002 c 86 s 105 are each amended to read as follows:
     ((In addition to the authority specified in RCW 18.235.030,)) 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.

Sec. 14   RCW 18.235.050 and 2002 c 86 s 106 are each amended to read as follows:
     (1) If the disciplinary authority determines, upon investigation, that there is reason to believe ((a violation of RCW 18.235.130 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)) that a license holder or applicant for a license has violated RCW 18.235.130 or has not met a minimum eligibility criteria for licensure, the disciplinary authority may prepare and serve the license holder or applicant a statement of charge, charges, or intent to deny. A notice that the license holder or applicant may request a hearing to contest the charge, charges, or intent to deny must accompany the statement. 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 or statement of intent to deny. 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)) license holder or applicant for a license requests a hearing, the disciplinary authority must fix the time of the hearing as soon as convenient, but not earlier than thirty days after the service of charge, charges, or intent to deny. The disciplinary authority may hold a hearing sooner than thirty days only if the disciplinary authority has issued a summary suspension or summary restriction.

Sec. 15   RCW 18.235.080 and 2002 c 86 s 109 are each amended to read as follows:
     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 final 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.

Sec. 16   RCW 18.235.090 and 2002 c 86 s 110 are each amended to read as follows:
     ((An individual)) A person who has been disciplined or ((whose license)) has been denied a license by a disciplinary authority may appeal the decision as provided in chapter 34.05 RCW.

Sec. 17   RCW 18.235.100 and 2002 c 86 s 111 are each amended to read as follows:
     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 suspending or revoking the license. 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 RCW 18.235.110. The disciplinary authority may require successful completion of an examination as (([a])) a condition of reinstatement.

Sec. 18   RCW 18.235.110 and 2002 c 86 s 112 are each amended to read as follows:
     (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 for an interval of time;
     (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 for an interval of time; 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.

Sec. 19   RCW 18.235.130 and 2002 c 86 s 114 are each amended to read as follows:
     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. At the disciplinary hearing a certified copy of a final holding of any court of competent jurisdiction is conclusive evidence of the conduct of the license holder or applicant upon which a conviction or the final holding is based. 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)) subsection, 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)) subsection 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 or renewing 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)) another or that creates an unreasonable risk ((that a consumer may be harmed or damaged)) of harm or damage to another;
     (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)) of the provisions of this chapter or the chapters specified in RCW 18.235.020(2) or any rules made by the disciplinary authority under the chapters specified in RCW 18.235.020(2);
     (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)) subsection 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; and
     (15) Engaging in unlicensed practice as defined in RCW 18.235.010.

Sec. 20   RCW 18.235.150 and 2002 c 86 s 116 are each amended to read as follows:
     (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 RCW 18.235.020. In the investigation of the complaints, the director has the same authority as provided the disciplinary authority under RCW 18.235.030.
     (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 or is about to engage in the unlicensed practice of a profession or operation of a business for which a license is required by the chapters specified in RCW 18.235.020.
     (3) 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 or is about to engage in an act or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters.
     (4) 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, act, or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters. 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)) disciplinary authority 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))) (5) If the disciplinary authority makes a final determination that a person has engaged or is engaging in unlicensed practice or other act or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters, the ((director)) disciplinary authority 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 RCW 18.235.020. 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,)) (6) The disciplinary authority may issue a temporary cease and desist order if a person is engaged or is about to engage in unlicensed practice or other act or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters 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 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))) (7) The cease and desist order is conclusive proof of unlicensed practice or other act or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters 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))) (8) 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 RCW 18.235.020. 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))) (9) The civil remedies in this section do not limit the ability to pursue criminal prosecution as authorized in any of the acts specified in RCW 18.235.020 nor do the civil remedies limit any criminal sanctions.

Sec. 21   RCW 18.235.210 and 2002 c 86 s 122 are each amended to read as follows:
     (1) This chapter applies to any conduct, acts, or conditions occurring on or after January 1, 2003.
     (2) This chapter does not apply to or govern the construction of and disciplinary action for any conduct, acts, or conditions occurring prior to January 1, 2003. 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.
     (3) Notwithstanding subsection (2) of this section, this chapter applies to applications for licensure made on or after January 1, 2003.

NEW SECTION.  Sec. 22   The following acts or parts of acts are each repealed:
     (1) RCW 18.140.175 (Cease and desist orders) and 1993 c 30 s 19;
     (2) RCW 18.85.343 (Violations -- Cease and desist orders) and 1997 c 322 s 22, 1989 c 175 s 67, & 1977 ex.s. c 261 s 2;
     (3) RCW 18.220.140 (Unprofessional conduct -- Hearing before director -- Orders) and 2000 c 253 s 15;
     (4) RCW 18.220.150 (Unprofessional conduct -- Written complaint--Investigation) and 2002 c 86 s 264 & 2000 c 253 s 16;
     (5) RCW 18.220.170 (Prohibited acts -- Class 1 civil infractions) and 2000 c 253 s 18; and
     (6) RCW 18.220.180 (Violation of chapter -- Injunction to restrain--Director's authority) and 2000 c 253 s 19.