BILL REQ. #: Z-0103.3
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/23/2007. Referred to Committee on Commerce & Labor.
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;)) To adopt fees as provided in RCW 43.24.086; and
(2)
(((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)) 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.
(4)
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)) To employ such administrative and clerical staff as necessary
for the enforcement of this chapter.
(4)
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. 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, 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 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 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.