Title 308 WAC — Licensing, Department of (See also Titles 36, 98 and 196)

Chapter 308-04 General provisions.

Wash. Admin. Code § 308-04-010 Requirements for checks in payment of licenses, certificates, etc.—Penalty.

(1) All checks must be made payable to the state treasurer or department of licensing, except those checks written in payment for transactions through the department's vehicle and vessel licensing agents may be made payable to the county auditor.

(2) State warrants equal to or less than the amount of license fees due shall be accepted when tendered for payment of a department of licensing transaction. If the warrant is less than the amount due, the applicant shall pay the difference by cash, check, or money order.

(3) Checks should be written for the exact amount due and the purpose for which the check is intended should be noted on its face. Overpayments for vehicle transactions will not be accepted.

(4) The drawer's name (licensee) and address should appear upon each check. All dishonored (DHC) checks will be redeposited once. If they fail to clear at the time of the second deposit, the following action will be taken:

(a) The drawer (licensee) will be sent a letter advising him or her that the registration, license, or permit shall be canceled and any other transaction may be canceled for which the DHC had been submitted unless a money order, cash, or cashier's check for the full amount due, including the handling fee, is received within sixty days of the date of this letter.

(b) The failure to pay a license fee or tax due after notice of dishonor has been given will result in cancellation of any service, license, permit, or registration provided.

(5) Checks written on foreign banks and foreign postal money orders (outside of the United States) shall be payable in U.S. dollars.

History

Statutory Authority: RCW 46.01.110 and 43.24.023. WSR 17-02-060, § 308-04-010, filed 1/3/17, effective 2/3/17
WSR 99-01-104, § 308-04-010, filed 12/17/98, effective 1/17/99. Statutory Authority: RCW 46.01.230. WSR 86-08-069 (Order 86-1), § 308-04-010, filed 4/1/86
WSR 80-13-002 (Order DOL 592), § 308-04-010, filed 9/4/80
WSR 78-04-040 (Order 487-DOL), § 308-04-010, filed 3/20/78
Rule 1, filed 6/29/67.

Wash. Admin. Code § 308-04-020 Handling fee for dishonored checks in payment of vehicle or vessel licenses and certificates of ownership.

(1) Will the department accept a check for registrations, licenses, permits or certificates of ownership for vehicles or vessels? Yes, registrations, licenses, or permits relating to the licensing or titling of vehicles or vessels may be paid by check to county auditors, agents, vehicle licensing offices and subagents appointed or approved by the director under RCW 46.01.140.

(2) If my check is dishonored, do I have to pay a handling fee? Yes, when a financial institution dishonors a check by nonacceptance, stop payment, or nonpayment, a handling fee in the amount of twenty-five dollars will be assessed for each check.

(3) Who may collect the fee for dishonored checks? County auditors, agents, department vehicle licensing offices and subagents may collect and retain the handling fee.

History

Statutory Authority: RCW 46.01.110, 82.36.435, 82.38.260, 82.42.040, 46.87.010(2). WSR 00-08-032, § 308-04-020, filed 3/28/00, effective 4/28/00. Statutory Authority: RCW 46.01.110 and 43.24.023. WSR 99-01-104, § 308-04-020, filed 12/17/98, effective 1/17/99. Statutory Authority: RCW 46.01.230(3). WSR 87-21-014 (Order TL/RG 38), § 308-04-020, filed 10/9/87.

Chapter 308-08 Practice and procedure.

Wash. Admin. Code § 308-08-005 Application of this chapter.

This chapter applies to all adjudicative proceedings under the jurisdiction of the department of licensing or the director of the department of licensing, provided that the rules shall not apply to adjudicative proceedings held pursuant to chapters 46.20, 46.25 and 46.65 RCW, except for hearings held pursuant to RCW 46.20.329 as provided in WAC 308-08-600 through 308-08-660.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-005, filed 10/17/90, effective 11/17/90. Statutory Authority: RCW 34.04.022, 46.01.110 and 82.38.260. WSR 78-08-054 (Order 504-DOL), § 308-08-005, filed 7/20/78
Regulation 08.005, effective 3/23/60.

Wash. Admin. Code § 308-08-006 Model rules of procedure.

Except as they may be inconsistent with the rules in this chapter, the department adopts the model rules of procedure as set forth in chapter 10-08 WAC.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-006, filed 10/17/90, effective 11/17/90.

Wash. Admin. Code § 308-08-050 Appearance and practice before agency—Appearance by former employee of agency or former member of attorney general's staff.

No former employee of the department or member of the attorney general's staff may at any time after severing his employment with the department or the attorney general appear in a representative capacity on behalf of other parties in a formal proceeding wherein he previously took an active part as a representative of the department as provided by RCW 42.22.040.

History

Regulation .08.050, effective 3/6/61
Regulation .08.050, effective 3/23/60.

Wash. Admin. Code § 308-08-060 Appearance and practice before agency—Former employee as expert witness.

No former employee of department, board or commission shall at any time after severing his employment with the state of Washington appear, except with the written permission of the agency, as an expert witness on behalf of other parties in a formal proceeding wherein he previously took an active part in the investigation as a representative of department, board or commission.

History

Regulation .08.060, effective 3/23/60.

Wash. Admin. Code § 308-08-085 Requests for adjudicative proceedings.

(1) All applications requesting that the department of licensing conduct an adjudicative proceeding, including but not limited to requests for a hearing in a proceeding initiated by the department shall be made on the form provided by the department or in a form which is substantially similar.

(2) Applications to the department for an adjudicative proceeding shall be made within the following time limitations:

(a) Within twenty calendar days of service upon the applicant of a written notice of an opportunity to request a hearing on the agency action.

(b) Within twenty calendar days of notice to the applicant from any source of agency action by the department which the applicant believes has or will adversely affect the applicant.

(c) For purposes of this subsection, the time limitations begin upon actual notice, personal service or deposit in the U.S. mail, whichever occurs first.

(3) Failure of an applicant to file an application for an adjudicative proceeding within the time limits set forth in subsection (2) of this section, constitutes a default and results in the loss of the applicant's right to an adjudicative proceeding. The department may proceed to resolve the case pursuant to RCW 34.05.440(1).

(4) The department shall not grant any request for an adjudicative proceeding to an applicant who is not aggrieved or adversely affected by the agency action as defined by RCW 34.05.530.

(5) The department shall process applications for adjudicative proceedings as provided in RCW 34.05.416 and 34.05.419.

History

Statutory Authority: RCW 34.05.413(3). WSR 02-19-035, § 308-08-085, filed 9/10/02, effective 10/11/02. Statutory Authority: RCW 34.05.416 and 34.05.419. WSR 01-03-129, § 308-08-085, filed 1/23/01, effective 2/23/01. Statutory Authority: RCW 34.05.220 (1)(a). 90-21-086, § 308-08-085, filed 10/17/90, effective 11/17/90.

Wash. Admin. Code § 308-08-180 Subpoenas—Fees.

Witnesses summoned before the department, commission or board shall be paid by the party at whose instance they appear the same fees and mileage that are paid to witnesses in the superior courts of the state of Washington.

History

Regulation .08.180, effective 3/23/60.

Wash. Admin. Code § 308-08-210 Subpoenas—Enforcement.

Upon application and for good cause shown, the department will seek judicial enforcement of subpoenas issued to parties and which have not been quashed.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-210, filed 10/17/90, effective 11/17/90
Regulation .08.210, effective 3/23/60.

Wash. Admin. Code § 308-08-230 Depositions and interrogatories in adjudicative proceedings—Right to take.

Except as may be otherwise provided, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for use as evidence in the proceeding, except that leave of the presiding officer must be obtained if notice of the taking is served by a proponent within twenty days of the date of hearing. The attendance of witnesses may be compelled by the use of a subpoena.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-230, filed 10/17/90, effective 11/17/90
Regulation .08.230, effective 3/23/60.

Wash. Admin. Code § 308-08-240 Depositions and interrogatories in adjudicative proceedings—Scope.

Unless otherwise ordered, the deponent may be examined regarding any matter not privileged, which is relevant to the subject matter involved in the proceeding.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-240, filed 10/17/90, effective 11/17/90
Regulation .08.240, effective 3/23/60.

Wash. Admin. Code § 308-08-260 Depositions and interrogatories in adjudicative proceedings—Authorization.

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice of not less than five days in writing to the agency and all parties. The notice shall state the time and place for taking the deposition, the name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. On motion of a party upon whom the notice is served, the presiding officer may for cause shown, enlarge or shorten the time. If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used as other depositions.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-260, filed 10/17/90, effective 11/17/90
Regulation .08.260, effective 3/23/60.

Wash. Admin. Code § 308-08-270 Depositions in adjudicative proceedings—Protection of parties and deponents.

After notice is served for taking a deposition, upon its own motion or upon motion reasonably made by any party or by the person to be examined and upon notice and for good cause shown, the department or its designated presiding officer may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or that after being sealed, the deposition shall be opened only by order of the department or that business secrets or secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents, or information enclosed in sealed envelopes to be opened as directed by the affected agency or the agency may make any other order which justice requires to protect the party or witness from annoyance, embarrassment or oppression. At any time during the taking of the deposition, on motion of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the department, or its designated presiding officer may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as above provided. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the department. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-270, filed 10/17/90, effective 11/17/90
Regulation .08.270, effective 3/23/60.

Wash. Admin. Code § 308-08-280 Depositions and interrogatories in adjudicative proceedings—Oral examination and cross-examination.

Examination and cross-examination shall proceed as at an oral hearing. In lieu of participating in the oral examination, parties may serve written interrogatories in a sealed envelope on the party taking the deposition and he shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-280, filed 10/17/90, effective 11/17/90
Regulation .08.280, effective 3/23/60.

Wash. Admin. Code § 308-08-290 Depositions and interrogatories in adjudicative proceedings—Recordation.

The officer before whom the deposition is to be taken shall put the witness on oath and shall personally or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by other means as stipulated to by the parties, if requested by one of the parties, the testimony shall be transcribed. Objections to the notice, qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented or to the conduct of the officer, or of any party, shall be noted by the officer upon the deposition. All objections by any party not so made are waived.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-290, filed 10/17/90, effective 11/17/90
Regulation .08.290, effective 3/23/60.

Wash. Admin. Code § 308-08-300 Depositions and interrogatories in adjudicative proceedings—Signing attestation and return.

(1) When the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress, the department holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

(2) The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. The officer shall then securely seal the deposition in an envelope indorsed with the title of proceeding and marked "Deposition of (here insert name of witness)" and shall promptly serve it on the person who ordered the transcript. Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-300, filed 10/17/90, effective 11/17/90
Regulation .08.300, effective 3/23/60.

Wash. Admin. Code § 308-08-310 Depositions and interrogatories in adjudicative proceedings—Use and effect.

Subject to rulings by the presiding officer upon objections a deposition taken as provided in this rule will not become a part of the record in the proceeding until received in evidence by the presiding officer upon his own motion or the motion of any party. Except by agreement of the parties or ruling of the presiding officer, a deposition will be received only in its entirety. A party does not make a party, or the privy of a party, or any hostile witness his witness by taking his deposition. Any party may rebut any relevant evidence contained in a deposition whether introduced by him or any other party.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-310, filed 10/17/90, effective 11/17/90
Regulation .08.310, effective 3/23/60.

Wash. Admin. Code § 308-08-320 Depositions and interrogatories in adjudicative proceedings—Fees of officers and deponents.

Deponents whose depositions are taken and the officers taking the same shall be entitled to the same fees as are paid for like services in the superior courts of the state of Washington, which fees shall be paid by the party at whose request the depositions are taken.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-320, filed 10/17/90, effective 11/17/90
Regulation .08.320, effective 3/23/60.

Wash. Admin. Code § 308-08-330 Depositions upon interrogatories—Submission of interrogatories.

Where the deposition is taken upon written interrogatories, the party offering the testimony shall separately and consecutively number each interrogatory and serve them with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom they are to be taken. Within 10 days thereafter a party so served may serve cross-interrogatories upon the party proposing to take the deposition. Within five days thereafter, the latter may serve redirect interrogatories upon the party who served cross-interrogatories.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-330, filed 10/17/90, effective 11/17/90
Regulation .08.330, effective 3/23/60.

Wash. Admin. Code § 308-08-340 Depositions upon interrogatories—Interrogation.

Where the interrogatories are forwarded to an officer authorized to administer oaths the officer taking the same after duly swearing the deponent, shall read to him seriatim, one interrogatory at a time and cause the same and the answer thereto to be recorded before the succeeding interrogatory is asked. No one except the deponent, the officer and the court reporter or stenographer recording and transcribing it shall be present during the interrogation.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-340, filed 10/17/90, effective 11/17/90
Regulation .08.340, effective 3/23/60.

Wash. Admin. Code § 308-08-350 Depositions upon interrogatories—Attestation and return.

The officer before whom interrogatories are verified or answered shall (1) certify under his official signature and seal that the deponent was duly sworn by him, that the interrogatories and answers are a true record of the deponent's testimony, that no one except deponent, the officer and the stenographer were present during the taking, and that neither he nor the stenographer, to his knowledge, is a party, privy to a party, or interested in the event of the proceedings, and (2) promptly send by registered or certified mail the original copy of the deposition and exhibits with his attestation to the department, or its designated presiding officer, one copy to the counsel who submitted the interrogatories and another copy to the deponent.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-350, filed 10/17/90, effective 11/17/90
Regulation .08.350, effective 3/23/60.

Wash. Admin. Code § 308-08-370 Official notice—Matters of law.

The presiding officer, upon request made before or during a hearing, will officially notice:

(1) Federal law. The Constitution; congressional acts, resolutions, records, journals and committee reports; decisions of federal courts and administrative agencies; executive orders and proclamations; and all rules, orders and notices published in the Federal Register;

(2) State law. The Constitution of the state of Washington, acts of the legislature, resolutions, records, journals and committee reports; decisions of administrative agencies of the state of Washington, executive orders and proclamations by the governor; and all rules, orders and notices filed with the code reviser.

(3) Governmental organization. Organization, territorial limitations, officers, departments, and general administration of the government of the state of Washington, the United States, the several states and foreign nations;

(4) Agency organization. The department, administration, officers, personnel, official publications, and practitioners before its bar.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-370, filed 10/17/90, effective 11/17/90
Regulation .08.370, effective 3/23/60.

Wash. Admin. Code § 308-08-380 Official notice—Material facts.

In the absence of controverting evidence, the department and its presiding officers, upon request made before or during a hearing, may officially notice:

(1) Department proceedings. The pendency of, the issues and position of the parties therein, and the disposition of any proceeding then pending before or theretofore concluded by the department.

(2) Business customs. General customs and practices followed in the transaction of business;

(3) Notorious facts. Facts so generally and widely known to all well-informed persons as not to be subject to reasonable dispute, or specific facts which are capable of immediate and accurate demonstration by resort to accessible sources of generally accepted authority, including but not exclusively, facts stated in any publication authorized or permitted by law to be made by any federal or state officer, department, or agency;

(4) Technical knowledge. Matters within the technical knowledge of the agency involved as a body of experts, within the scope or pertaining to the subject matter of its statutory duties, responsibilities or jurisdiction;

(5) Request or suggestion. Any party may request, or the presiding officer or the department may suggest, that official notice be taken of a material fact, which shall be clearly and precisely stated, orally on the record, at any prehearing conference or oral hearing or argument, or may make such request or suggestion by written notice, any pleading, motion, memorandum, or brief served upon all parties, at any time prior to a final decision;

(6) Statement. Where an initial or final decision of the department rests in whole or in part upon official notice of a material fact, such fact shall be clearly and precisely stated in such decision. In determining whether to take official notice of material facts, the presiding officer may consult any source of pertinent information, whether or not furnished as it may be, by any party and whether or not admissible under the rules of evidence:

(7) Controversion. Any party may controvert a request or a suggestion that official notice of a material fact be taken at the time the same is made if it be made orally, or by a pleading, reply or brief in response to the pleading or brief or notice in which the same is made or suggested. If any decision is stated to rest in whole or in part upon official notice of a material fact which the parties have not had a prior opportunity to controvert, any party may controvert such fact by appropriate exceptions if such notice be taken in an initial or intermediate decision or by a petition for reconsideration if notice of such fact be taken in a final report. Such controversion shall concisely and clearly set forth the sources, authority and other data relied upon to show the existence or nonexistence of the material fact assumed or denied in the decision:

(8) Evaluation of evidence. Nothing herein shall be construed to preclude the department or its authorized agents from utilizing their experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to them.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-380, filed 10/17/90, effective 11/17/90
Regulation .08.380, effective 3/23/60.

Wash. Admin. Code § 308-08-390 Presumptions.

Upon proof of the predicate facts specified in the following six subdivisions hereof without substantial dispute and by direct, clear, and convincing evidence, the department, with or without prior request or notice, may make the following presumptions, where consistent with all surrounding facts and circumstances:

(1) Continuity. That a fact of a continuous nature, proved to exist at a particular time, continues to exist as of the date of the presumption, if the fact is one which usually exists for at least that period of time;

(2) Identity. That persons and objects of the same name and description are identical;

(3) Delivery. Except in a proceeding where the liability of the carrier for nondelivery is involved, that mail matter, communications, express or freight, properly addressed, marked, billed and delivered respectively to the post office, telegraph, cable or radio company, or authorized common carrier of property with all postage, tolls and charges properly prepaid, is or has been delivered to the addressee or consignee in the ordinary course of business;

(4) Ordinary course. That a fact exists or does not exist, upon proof of the existence or nonexistence of another fact which in the ordinary and usual course of affairs, usually and regularly coexists with the fact presumed;

(5) Acceptance of benefit. That a person for whom an act is done or to whom a transfer is made has, does or will accept same where it is clearly in his own self-interest so to do;

(6) Interference with remedy. That evidence, with respect to a material fact which in bad faith is destroyed, eloigned, suppressed or withheld by a party in control thereof, would if produced, corroborate the evidence of the adversary party with respect to such fact.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-390, filed 10/17/90, effective 11/17/90
Regulation .08.390, effective 3/23/60.

Wash. Admin. Code § 308-08-400 Stipulations and admissions of record.

The existence or nonexistence of a material fact, as made or agreed in a stipulation or in an admission of record, will be conclusively presumed against any party bound thereby, and no other evidence with respect thereto will be received upon behalf of such party, provided:

(1) Upon whom binding. Such a stipulation or admission is binding upon the parties by whom it is made, their privies and upon all other parties to the proceeding who do not expressly and unequivocally deny the existence or nonexistence of the material fact so admitted or stipulated, upon the making thereof, if made on the record at a prehearing conference, oral hearing, oral argument or by a writing filed and served upon all parties within five days after a copy of such stipulation or admission has been served upon them:

(2) Withdrawal. Any party bound by a stipulation or admission of record at any time prior to final decision may be permitted to withdraw the same in whole or in part by showing to the satisfaction of the presiding officer of the department that such stipulation or admission was made inadvertently or under a bona fide mistake of fact contrary to the true fact and that its withdrawal at the time proposed will not unjustly prejudice the rights of other parties to the proceeding.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-400, filed 10/17/90, effective 11/17/90
Regulation .08.400, effective 3/23/60.

Wash. Admin. Code § 308-08-405 Adjudicative proceedings—Initial orders—Petition for review—Finality.

(1) Any party to an adjudicative proceeding may file a petition for review of an initial order.

(2) The petition for review shall be filed with the director within 20 days of the date of service of the initial order as specified in the initial order in the statement describing available procedures for administrative relief. Copies of the petition shall be served upon all other parties or their representatives at the time the petition is filed.

(3) The petition for review shall specify the portions of the initial order to which exception is taken and shall refer to the evidence of record which is relied upon to support the petition.

(4) Any party may file a reply to a petition for review. The reply shall be filed with the director within 10 days of the date of service of the petition and copies of the reply shall be served upon all other parties or their representatives at the time the reply is filed.

(5) An initial order resulting from an adjudicative proceeding becomes final without further agency action unless, within 20 days of service of the initial order, either party files and serves a petition for review of the initial order as required in subsection (2) of this section.

History

Statutory Authority: RCW 18.235.030 and 34.05.464. WSR 25-19-097, s 308-08-405, filed 9/17/25, effective 10/18/25.

Wash. Admin. Code § 308-08-415 Stay of final orders.

The director will not consider petitions to stay the effectiveness of final orders. Any such request should be made in connection with a petition for judicial review under chapter 34.05 RCW.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-415, filed 10/17/90, effective 11/17/90.

Wash. Admin. Code § 308-08-416 Petition for reconsideration of final orders.

Pursuant to RCW 34.05.470, a petition for reconsideration of a final order must be filed in the Office of the Director, Department of Licensing, Highways-Licenses Building, Olympia, Washington, within ten days of service of the final order. No matter will be reconsidered unless it clearly appears from the petition for reconsideration that there is material clerical error or specific material error of fact or law in the final order. Any response to the petition shall be filed with the office of the director within ten days of the date of service of the petition.

History

Statutory Authority: RCW 18.235.030 and chapter 34.05 RCW. WSR 05-02-006, § 308-08-416, filed 12/22/04, effective 1/22/05. Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-416, filed 10/17/90, effective 11/17/90.

Wash. Admin. Code § 308-08-460 Excerpts from documentary evidence.

When portions only of a document are to be relied upon, the offering party shall prepare the pertinent excerpts, adequately identified, and shall supply copies of such excerpts, together with a statement indicating the purpose for which such materials will be offered, to the presiding officer and to the other parties. Only the excerpts, so prepared and submitted, shall be received in the record. However, the whole of the original document shall be made available for examination and for use by all parties to the proceeding.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-460, filed 10/17/90, effective 11/17/90
Regulation .08.460, effective 3/23/60.

Wash. Admin. Code § 308-08-505 Adjudicative proceedings—Pleadings, briefs, and motions.

Pursuant to RCW 34.05.437, pleadings, briefs, and motions must be made in writing, and must be served on all other parties. This rule does not apply to matters that properly arise during a hearing.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-505, filed 10/17/90, effective 11/17/90.

Wash. Admin. Code § 308-08-515 Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings.

(1) At least five days before the scheduled brief adjudicative proceeding, any party, including the department, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that a matter be converted to a formal adjudicative hearing. Upon receiving a timely written objection, the presiding officer shall determine whether the matter should be converted. Regardless of whether any party files a timely objection, the presiding officer may convert any brief adjudicative proceeding to a formal adjudicative hearing whenever it appears that a brief adjudicative proceeding is insufficient to determine the issues pending before the agency.

(2) In determining whether to convert a proceeding, the presiding officer may consider the following factors:

(a) Whether witness testimony will aid the presiding officer in resolving contested issues of fact;

(b) Whether the legal or factual issues are sufficiently complex to warrant a formal adjudicative proceeding, including whether there are multiple issues of fact or law;

(d) Whether the legal issues involved in the proceeding present questions of legal significance or are being raised for the first time before the agency;

(e) Whether conversion of the proceeding will cause unnecessary delay in resolving the issues; and

(f) Any other factors that the presiding officer deems relevant in reaching a determination.

History

Statutory Authority: RCW 18.235.030 and chapter 34.05 RCW. WSR 05-02-006, § 308-08-515, filed 12/22/04, effective 1/22/05.

Wash. Admin. Code § 308-08-525 Brief adjudicative proceedings—When they can be used.

(1) The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted at the discretion of the director. Brief adjudicative proceedings can be used in place of formal adjudicative hearings whenever the department issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act. Brief adjudicative proceedings can also be used whenever the statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of any statute or rule that specifically governs disciplinary actions within a profession for which the applicant seeks a license or from which the licensee holds a license.

(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:

(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;

(b) Whether an applicant is eligible to sit for a professional licensing examination;

(c) Whether an applicant or licensee has satisfied financial security requirements by providing adequate proof of surety bonds or other proof of financial security, as required by law;

(d) Whether a sanction proposed by the department is appropriate based on the stipulated facts;

(e) Whether an applicant meets minimum requirements for an initial or renewal application;

(f) Whether an applicant has failed the professional licensing examination;

(g) Whether a licensee has sufficient continuing education credits when the licensee submits a renewal application;

(h) Whether an applicant or licensee failed to cooperate in an investigation by the department;

(i) Whether an applicant or licensee was convicted of a crime that should disqualify the applicant or licensee from holding the specific license sought or held;

(j) Whether an applicant or licensee has violated the terms of a final order issued by the director or director's designee;

(k) Whether a licensee has committed recordkeeping violations;

(l) Whether a licensee has committed trust account violations;

(m) Whether an applicant or licensee has engaged in false, deceptive, or misleading advertising; or

(n) Whether a person has engaged in unlicensed practice.

(3) In addition to the situations enumerated in subsection (2) of this section, the department may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-08-525, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.235.030 and chapter 34.05 RCW. WSR 05-02-006, § 308-08-525, filed 12/22/04, effective 1/22/05.

Wash. Admin. Code § 308-08-535 Brief adjudicative proceedings conversion to formal adjudicative proceedings—Dealer and manufacturer services.

(1) At least five days before the scheduled issuance of either an initial or a final order, any party, including the department, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that it be converted to a formal adjudicative proceeding. Upon receiving a timely written objection, the presiding officer or reviewing officer, shall determine whether the matter should be converted. Regardless of whether any party files a timely objection, the presiding or reviewing officer may convert any brief adjudicative proceeding to a formal adjudicative proceeding whenever it appears that a brief adjudicative proceeding is insufficient to determine the issues pending before the agency.

(2) In determining whether to convert a proceeding, the presiding officer may consider the following factors:

(a) Whether witness testimony will aid the presiding or reviewing officer in resolving contested issues of fact;

(b) Whether the legal or factual issues are sufficiently complex to warrant a formal adjudicative proceeding, including whether there are multiple issues of fact or law;

(d) Whether the legal issues involved in the proceeding present questions of legal significance or are being raised for the first time before the agency;

(e) Whether conversion of the proceeding will cause unnecessary delay in resolving the issues; and

(f) Any other factors that the presiding or reviewing officer deems relevant in reaching a determination.

History

Statutory Authority: RCW 34.05.220. WSR 05-21-025, § 308-08-535, filed 10/10/05, effective 11/10/05.

Wash. Admin. Code § 308-08-545 Brief adjudicative proceedings.

To what do they apply? The department of licensing, dealer and manufacturer services section, adopts the provisions of RCW 34.05.482 through 34.05.494 for the matters listed in this section. The department may use brief adjudicative proceedings (BAPs) where their use will not violate any provisions of law, and where protection of the public interest does not require the department to give notice and an opportunity to participate to persons other than the parties.

The department may use BAPs including, but not limited to, the following matters:

(1) Whether a surety bond (or insurance) has been exhausted or cancellation pursuant to RCW 46.70.070, 46.80.070, 46.55.030 or 88.02.060, or the insurance required in RCW 46.55.030;

(2) Whether the licensee has failed to maintain an established place of business pursuant to RCW 46.70.023, WAC 308-66-140, RCW 46.80.130, WAC 308-63-070, RCW 46.55.060, WAC 308-61-108, RCW 88.02.078, 46.79.030, or WAC 308-65-030;

(3) Whether a person has failed to comply with an order or to pay a previously assessed fine, pursuant to RCW 46.70.101, 46.55.200, 46.80.110, or 88.02.188;

(4) Whether a licensee has been selling, exchanging, offering, brokering, auctioning, soliciting, advertising new or current model vehicles without a service agreement with a manufacturer, pursuant to RCW 46.70.101 or 46.70.041;

(5) Whether a licensee had failed to promptly transfer title, pursuant to RCW 46.70.122, WAC 308-66-190, 308-56A-420, or 308-90-150;

(6) Whether a licensee had failed to notify the department of a fact in which the licensee is required to timely notify the department (e.g., WAC 308-66-210 or 308-61-108);

(7) Whether a licensee has failed to have a current certificate or registration with the department of revenue pursuant to RCW 46.70.101;

(8) Whether the applicant whose license was suspended for cause and the terms of the suspension have not been fulfilled pursuant to RCW 46.70.101;

(9) Whether the applicant having been adjudged guilty of a crime which directly relates to the business of a vehicle dealer and the time elapsed since the adjudication is less than ten years, or suffering any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion pursuant to RCW 46.70.101 or 46.80.110 in the case of vehicle wreckers, or RCW 46.79.070 in the case of hulk haulers or scrap processors;

(10) Whether the applicant knowingly or with reason to know made a false statement of a material fact in his or her application for license or any data attached thereto pursuant to RCW 46.70.101;

(11) Whether an applicant or licensee has sufficient education credits as required by RCW 46.70.079;

(12) Whether a person is engaging in or about to engage in the business of a licensee as referenced in RCW 46.70.115, 46.80.180, or 46.55.210;

(13) Whether an applicant or licensee is solvent within the meaning of RCW 46.70.101;

(14) Whether a licensee has failed to maintain records as required by RCW 46.70.120, WAC 308-66-180, RCW 46.55.150 or 46.80.080.

The sole issue to be heard at the adjudicative proceedings shall be whether the applicant is in compliance with the requirements set forth in subsections (1) through (14) of this section.

History

Statutory Authority: RCW 34.05.220. WSR 05-21-025, § 308-08-545, filed 10/10/05, effective 11/10/05.

Wash. Admin. Code § 308-08-600 Scope of rules—Formal hearings—Discretionary suspension—Driver's licenses.

The following rules numbered WAC 308-08-610 through 308-08-660 shall apply only to formal hearings held pursuant to RCW 46.20.329. They shall not apply to hearings held pursuant to chapter 308-103 WAC (implied consent revocations) or hearings under the provisions of chapter 308-102 WAC (the Financial Responsibility Act).

History

Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 02-11-011, § 308-08-600, filed 5/3/02, effective 6/3/02
Order MV-141, § 308-08-600, filed 7/27/72.

Wash. Admin. Code § 308-08-610 Formal hearings—Discretionary suspensions.

All formal hearings held pursuant to RCW 46.20.329 shall be conducted by a department hearing officer, who is appointed a referee for such purposes. In addition to the referees appointed by this section the director may from time to time appoint additional referees or may revoke the authority of any referee appointed by this section, but a record of such appointment or revocation of appointment shall be kept in the order registry in the director's office and may be examined at any time by any interested person.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-610, filed 10/17/90, effective 11/17/90
Order MV-141, § 308-08-610, filed 7/27/72.

Wash. Admin. Code § 308-08-620 Conduct of hearing—Matters considered.

At the outset of a formal hearing the referee shall advise the licensee of those matters contained in the department's records upon which the department's intended action is based. He shall judicially notice the files and records of the department which may be examined by the licensee or his attorney. The referee shall examine all witnesses including the licensee but nothing herein shall be construed as prohibiting the licensee from offering additional relevant testimony nor shall this be construed as prohibiting the examination of witnesses by the licensee or his attorney.

History

Order MV-141, § 308-08-620, filed 7/27/72.

Wash. Admin. Code § 308-08-630 Decision procedure.

At the conclusion of the hearing the referee shall announce his decision or what his recommended action will be if then known to him. He shall prepare a written summary of his findings together with a recommendation for departmental action unless he is a person authorized to make final decisions on behalf of the department, in which case he shall make a written summary of his findings together with his decision concerning departmental action to be taken.

History

Order MV-141, § 308-08-630, filed 7/27/72.

Wash. Admin. Code § 308-08-640 Review procedures.

In all cases not heard by a person authorized to make final decisions on behalf of the department, the file, summary of the findings, and recommendation shall be forwarded to the administrator of the hearings and interviews section or, in his absence, the assistant director for driver services, for review. If there was a substantial issue of fact resolved at the hearing this shall be noted in the summary and the tape transcription of the proceeding shall be forwarded for review. The administrator of the hearings and interviews section, or in his absence, the assistant director for driver services, shall review the file, summary of findings, recommendation, and if necessary, the tape transcription of the evidence. The reviewer may either accept the recommendation by marking the word "approved" on the findings and recommendations together with his signature, or he may reject the recommendation in which case he shall append the action he deems appropriate to the summary and recommendation. In all cases the action of the reviewer shall be final.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-640, filed 10/17/90, effective 11/17/90
Order MV-141, § 308-08-640, filed 7/27/72.

Wash. Admin. Code § 308-08-650 Reconsideration by director.

In all cases not heard directly by the director of the department of licensing and determined by a person having authority to make final decisions following a formal hearing pursuant to WAC 308-08-660 the aggrieved person may pursue his remedies pursuant to RCW 46.20.334, or, he may prior to the effective date of the department action petition the director for reconsideration of the action taken by the department. The director, upon review of the records, evidence, and of the findings after a formal hearing, shall promptly render his decision sustaining, modifying or reversing the departmental order.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-650, filed 10/17/90, effective 11/17/90
Order MV-141, § 308-08-650, filed 7/27/72.

Wash. Admin. Code § 308-08-660 Persons authorized to make final decisions following formal hearing.

The administrator of the hearings and interviews section, the assistant director for driver services, and such other persons as the director may from time to time appoint by administrative order filed in the registry maintained in his office shall have authority to render final decisions on behalf of the department on all matters heard by formal hearing pursuant to RCW 46.20.329.

History

Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-660, filed 10/17/90, effective 11/17/90
Order MV-141, § 308-08-660, filed 7/27/72.

Chapter 308-09 Military service members or spouses—Professional license.

Wash. Admin. Code § 308-09-005 Purpose.

(1) This chapter implements requirements for regulated professional or occupational licenses regarding licensing of military service members and military spouses and registered domestic partners.

(2) In addition to the requirements contained in this rule, there may be requirements unique to a particular profession or occupation. The authorizing statutes and rules for each professional or occupational license may provide additional requirements and information.

(3) These rules apply to professions or occupations listed in the Uniform Regulation of Business and Professions Act, chapter 18.235 RCW, RCW 18.235.020 (2)(a), and to professions or occupations listed in RCW 18.235.020 (2)(b) if adopted by the appropriate board or commission under separate rule, and to the businesses regulated under chapter 46.70 RCW.

History

Statutory Authority: RCW 18.340.020, 43.24.023, and 43.24.130. WSR 20-13-048, § 308-09-005, filed 6/11/20, effective 7/12/20.

Wash. Admin. Code § 308-09-010 Definitions.

(1) "Director" means the director of the department of licensing or designee.

(2) "Employment" means self-employment and employment by any other entity.

(3) "Good standing" means the condition of a valid license authorizing a person to engage in a regulated profession or occupation. A license in good standing is not subject to any disciplinary sanctions, terms, conditions, or restrictions by the licensing authority of this state, or the jurisdiction where the licensee is licensed to practice.

(4) "License" means permission to engage in a profession or occupation as defined by chapter 18.235 or 46.70 RCW.

(5) "Licensee" means a person who possesses a license to engage in a regulated profession or occupation.

(6) "Licensing authority" means:

(a) The director of the department of licensing or designee with respect to those occupations or professions identified in chapter 46.70 RCW and RCW 18.235.020 (2)(a); or

(b) A board having licensing authority over those occupations or professions identified in RCW 18.235.020 (2)(b) if the appropriate licensing authority has adopted these rules.

(7) "Military coordinator" means a person who is identified as a contact within the licensing authority to assist military members and military spouse applicants and licensees.

(8) "Military service member" means a person serving in the military.

(9) "Military service" or "serving in the military" means being enlisted or commissioned in the United States Armed Forces (active or reserve components), the United States health service commissioned corps, the United States National Guard, or the Merchant Marines of the United States or a veteran of these branches.

(10) "Military spouse" means any person currently or previously married to or in a registered domestic partnership with a military service member during the military service member's period of active, reserve, or National Guard service.

(11) "Regulated profession or occupation" means a profession or occupation identified in chapter 46.70 RCW or RCW 18.235.020 (2)(a) or (b) if the appropriate board or commission has adopted these rules.

(12) "Standard license" means a license of standard duration and renewal requirements, as established by that program's governing statute.

(13) "Status" means the condition of a license, wherein:

(a) An "active license" status means the licensee is authorized to engage in a regulated profession or occupation;

(b) An "inactive license" status means the licensee has qualified for the license but is not currently authorized to engage in a regulated profession or occupation for nondisciplinary reasons, for example because the licensee has left Washington state as a result of their spouse or partner being deployed or stationed to a location outside of Washington state;

(c) A licensee may place their license in "military status" if they are serving in the military. A license in military status is an active license.

(14) "Substantially equivalent" means the requirements to qualify for the same or similar license in another state are materially similar to Washington requirements in terms of quality, quantity of training, or experience.

(15) "Temporary license" is a license that authorizes the licensee to engage in a regulated profession or occupation for a defined period of time during which the licensee completes additional requirements for Washington licensure that are not related to training or practice standards of the profession as noted in RCW 18.340.020 (2)(c).

(16) "Training or practice standards" means education, experience, Washington specific examination, or a combination thereof, directly relating to the state's interest in regulating a specific profession or occupation to protect the public health, safety, or welfare.

History

Statutory Authority: RCW 18.340.020, 43.24.130, and 46.01.110. WSR 23-23-022, § 308-09-010, filed 11/3/23, effective 12/4/23. Statutory Authority: RCW 18.340.020, 43.24.023, and 43.24.130. WSR 20-13-048, § 308-09-010, filed 6/11/20, effective 7/12/20.

Wash. Admin. Code § 308-09-015 Military spouse requesting expedited processing.

(1) A military spouse may request expedited processing when the military spouse:

(a) Holds an active license in good standing issued by another jurisdiction in which the other states standards are equal to or greater than Washington licensing standards;

(b) Is moving to Washington as a result of their spouse's military transfer to Washington.

(2) To request expedited processing, the military spouse applicant must:

(a) Submit the appropriate license application indicating the applicant is a military spouse, fingerprints, and required documentation associated with criminal background check, and the appropriate fee(s);

(b) Submit documentation that shows the applicant had an applicable license in good standing issued by another jurisdiction in which the other states standards are equal to or greater than Washington licensing standards and that shows the applicant is not subject to any disciplinary action by the licensing authority of that jurisdiction;

(c) Affirm that the applicant's spouse is a military service member transferred to Washington state and meets all the requirements for expedited licensure.

History

Statutory Authority: 2023 c 165, RCW 18.340.020, and 46.01.110. WSR 23-17-148, § 308-09-015, filed 8/22/23, effective 9/22/23. Statutory Authority: RCW 18.340.020, 43.24.023, and 43.24.130. WSR 20-13-048, § 308-09-015, filed 6/11/20, effective 7/12/20.

Wash. Admin. Code § 308-09-020 Military spouse licensing—Equivalency to Washington standards and temporary licensing.

(1) The licensing authority must process a request for temporary license within 30 days after receipt of a completed application. A completed application means that the authority has received all supporting materials, related application fees, copy of the certificate issued by the other state or jurisdiction, fingerprints, and required documentation associated with a criminal background check. The licensing authority must compare the profession or occupation requirements of the jurisdiction where the applicant held a license to the requirements associated with the most similar license issued by the licensing authority in Washington. The licensing authority will determine whether the requirements of the jurisdiction where the applicant holds a license meet or are substantially equivalent to the requirements for the requested profession or occupation in Washington.

(2) If the licensing authority determines the Washington requirements are substantially equivalent and have been met, and that the applicant is otherwise eligible for the requested license, the licensing authority may issue a standard license.

(3) If the licensing authority determines the training and practice standards of the state where the applicant holds a license are substantially equivalent and the applicant is otherwise eligible for the requested license, the licensing authority may issue a temporary license of no less than 180 days to allow the applicant time to complete additional requirements not related to training or practice standards that are necessary to qualify for a standard license in Washington.

(4) A temporary license issued under these rules becomes null and void when any of the following occur:

(a) A standard license is issued;

(b) A denial of the standard license application becomes final;

(5) Prior to the expiration date of the temporary license the temporary license holder may ask the licensing authority in writing to extend the expiration date. The licensing authority will consider extension of the expiration date based on the temporary license holder's need and documented progress toward meeting standard license requirements.

History

Statutory Authority: 2023 c 165, RCW 18.340.020, and 46.01.110. WSR 23-17-148, § 308-09-020, filed 8/22/23, effective 9/22/23. Statutory Authority: RCW 18.340.020, 43.24.023, and 43.24.130. WSR 20-13-048, § 308-09-020, filed 6/11/20, effective 7/12/20.

Wash. Admin. Code § 308-09-025 Converting a military spouse's active license to an inactive license.

(1) The licensing authority will convert a military spouse's active license in good standing to an inactive license when the licensee:

(a) Submits a written request for the license status to be changed from active to inactive due to the licensee's spouse or registered domestic partner being deployed or stationed in a location outside Washington state.

(b) Submits, upon request, the following:

(i) A copy of service orders verifying the licensee's spouse or domestic partner is a member of the military service areas defined in WAC 308-09-010(9) and has been, or will be deployed or stationed to a location outside Washington state.

(ii) A copy of the marriage certificate or evidence of the registered domestic partnership with the military service member.

(2) The licensee must not practice in Washington while the license is in an inactive status.

History

Statutory Authority: RCW 18.340.020, 43.24.130, and 46.01.110. WSR 23-23-022, § 308-09-025, filed 11/3/23, effective 12/4/23. Statutory Authority: RCW 18.340.020, 43.24.023, and 43.24.130. WSR 20-13-048, § 308-09-025, filed 6/11/20, effective 7/12/20.

Wash. Admin. Code § 308-09-030 Military spouses—Inactive licenses.

(1) A military spouse may maintain an inactive license as long as the military service member is stationed or deployed in a location outside the state of Washington. Upon return to Washington, the military spouse has six months to request their license return to active.

(2) To change their license from inactive to active, the military spouse licensee must, within six months of returning to Washington state:

(a) Submit a written request for the change to an active license;

(b) Pay the current renewal fee, if applicable. The licensee should contact the regulatory program directly to determine whether a renewal fee is due; and

(c) Complete any continuing education requirements or other requirements necessary to make the license active and compliant with current program requirements. The continuing education requirements will be determined by the regulatory program's licensing authority, but will not exceed the requirements needed for the current renewal cycle unless required by the regulatory program's authorizing statute or federal guidelines. The licensee should contact the regulatory program directly to determine what requirements must be met.

(3) The director may defer completion of continuing education for the holder of an inactive license and place the license in an active status for a period of ninety days, pending completion of education. If the holder of a license fails to comply with the continuing education requirement within the ninety-day time frame, the license will expire and the licensing authority will follow standard late renewal or cancellation processes.

History

Statutory Authority: RCW 18.340.020, 43.24.023, and 43.24.130. WSR 20-13-048, § 308-09-030, filed 6/11/20, effective 7/12/20.

Wash. Admin. Code § 308-09-040 Licensee with active licenses who enter the military.

(1) A person who already holds a license issued by the licensing authority who then enters active military service may notify the department to request their license be assigned military status. This allows the licensee to maintain their license in full force and effect while in military service.

(2) The licensing authority will convert an active licensee whose license is in good standing to military status when the licensee submits all of the following:

(a) A written request for military status due to entering active military service, including the expected duration of their deployment; and

(b) A copy of service orders verifying the licensee is an active duty member of the armed forces of the United States or the other services described in WAC 308-09-010(9).

(3) The licensee may obtain military status at any time the criteria in subsection (2) of this section are met. There is no fee required for military status. Portions of the current renewal fee will not be prorated or refunded.

(4) A military status license remains in full force and effect so long as the service continues and allows practice throughout the state of Washington unless sooner suspended, canceled, or revoked by the licensing authority.

(5) A military spouse or registered domestic partner with power of attorney can act as an agent for the military service member.

History

Statutory Authority: RCW 18.340.020, 43.24.130, and 46.01.110. WSR 23-23-022, § 308-09-040, filed 11/3/23, effective 12/4/23. Statutory Authority: RCW 18.340.020, 43.24.023, and 43.24.130. WSR 20-13-048, § 308-09-040, filed 6/11/20, effective 7/12/20.

Wash. Admin. Code § 308-09-045 Maintaining a military status license.

(1) As long as a military service member licensee's military service continues, the licensee is not required to renew their license, but should maintain the license in military status. To maintain a military status license, the licensee should submit to the department an official copy of service orders verifying that they are an active duty member of the United States Armed Forces or other services described in WAC 308-09-010(9).

(2) The department will provide courtesy notices to the licensee's address on file using the license renewal cycles.

(3) A licensee should return the courtesy notice to the department with an official copy of their service orders.

(4) Military status license maintenance requests are accepted by the department no sooner than 90 days prior to the date the license would expire if not in military status.

(5) Continuing education is not required while the license is in military status.

History

Statutory Authority: RCW 18.340.020, 43.24.130, and 46.01.110. WSR 23-23-022, § 308-09-045, filed 11/3/23, effective 12/4/23. Statutory Authority: RCW 18.340.020, 43.24.023, and 43.24.130. WSR 20-13-048, § 308-09-045, filed 6/11/20, effective 7/12/20.

Wash. Admin. Code § 308-09-050 Changing a military status license at completion of active military duty.

(1) To change a military status license to an active license, the licensee must:

(a) Provide a written notice of the change in their service status;

(b) Pay the current renewal fee, if applicable. The licensee should contact the regulatory program directly prior to making the request to determine whether a renewal fee is due;

(c) Upon request, provide a copy of the orders showing active duty status has changed within the last six months, or discharge papers or DD-214 issued within the last six months.

(2) The licensee must request the military status be changed to active status within six months of honorable discharge by meeting the requirements of subsection (1) of this section.

(3) Continuing education requirements will apply after the first post-discharge renewal. These requirements will be determined by the regulatory program's licensing authority, but will not exceed the requirements needed for the current renewal cycle unless required by the program's authorizing statute or federal guidelines. The licensee should contact the regulatory program directly prior to making the request to determine what requirements must be met.

(4) If the holder of a license fails to comply with subsection (2) of this section, the licensing authority will follow standard late renewal or cancellation processes.

History

Statutory Authority: RCW 18.340.020, 43.24.023, and 43.24.130. WSR 20-13-048, § 308-09-050, filed 6/11/20, effective 7/12/20.

Chapter 308-10 Public records disclosure.

Wash. Admin. Code § 308-10-005 Authority and purpose.

(1) The purpose of this chapter is to establish rules for the department of licensing to implement the requirements of the Public Records Act, chapter 42.56 RCW.

(2) The department adopts these rules to provide full access to public records concerning the conduct of government, mindful of individuals' privacy rights. The department is guided by the provisions describing its purpose and interpretation when carrying out responsibilities under chapter 42.56 RCW.

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-10-005, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 42.56.040, [42.56.]070, and 46.01.110. WSR 10-10-040, § 308-10-005, filed 4/27/10, effective 5/28/10. Statutory Authority: RCW 42.17.260, 42.17.250, and 46.01.110. WSR 06-16-039, § 308-10-005, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW 42.17.250. WSR 92-09-107, § 308-10-005, filed 4/20/92, effective 5/21/92
Order MV 348, § 308-10-005, filed 12/24/75.

Wash. Admin. Code § 308-10-010 Definitions.

(1) The definitions set forth in RCW 42.56.010 apply to this chapter.

(2) "Department" means the department of licensing. Where appropriate, it also refers to the staff and employees of the department of licensing.

(3) "Designee" means a department employee authorized by the public records officer to receive and respond to a public records request.

(4) "Director" means the director of the department of licensing as appointed by the governor.

(5) "Individual" means a natural person.

(6) "Legitimate business," for purposes of RCW 46.12.630, means a company with a valid and unexpired business license that is:

(a) A licensed Washington business; or

(b) Not required to be licensed in this state, but has a federal employer identification number, federal tax number, or uniform business identifier (UBI).

(7) "Listing (list)" means an item-by-item series of names, figures, words, or numbers written or printed one after the other.

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-10-010, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 46.01.110 and 46.12.630. WSR 14-20-101, § 308-10-010, filed 9/30/14, effective 10/31/14. Statutory Authority: RCW 42.56.040, [42.56.]070, and 46.01.110. WSR 10-10-040, § 308-10-010, filed 4/27/10, effective 5/28/10. Statutory Authority: RCW 42.17.260, 42.17.250, and 46.01.110. WSR 06-16-039, § 308-10-010, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW 46.01.110. WSR 99-17-031, § 308-10-010, filed 8/11/99, effective 9/11/99. Statutory Authority: RCW 42.17.250. WSR 96-05-036, § 308-10-010, filed 2/15/96, effective 3/17/96
WSR 92-09-107, § 308-10-010, filed 4/20/92, effective 5/21/92
Order MV 348, § 308-10-010, filed 12/24/75.

Wash. Admin. Code § 308-10-015 Function—Organization—Administrative officers—General inquiries to the office.

(1) Function, organization, and administrative offices. The department of licensing administers laws relating to the licensing and regulation of professions, businesses, and other activities in addition to administering laws relating to the licensing and regulation of vehicles and vehicle operators, dealers, and manufacturers. More information about the department's roles is available at www.dol.wa.gov.

The main office of the department and its director is located in the Highways-Licenses Building, 1125 Washington Street Southeast, Olympia, WA 98504. The administrative office of the public records officer is located at 8005-A River Drive Southeast, Olympia, WA 98501.

(2) General inquiries and correspondence unrelated to a Public Records Act request to the office. Inquiries and correspondence concerning a matter unrelated to a Public Records Act request should be directed to the Olympia main office or by visiting www.dol.wa.gov.

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-10-015, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 42.56.040, [42.56.]070, and 46.01.110. WSR 10-10-040, § 308-10-015, filed 4/27/10, effective 5/28/10. Statutory Authority: RCW 42.17.250. WSR 92-09-107, § 308-10-015, filed 4/20/92, effective 5/21/92
Order MV 348, § 308-10-015, filed 12/24/75.

Wash. Admin. Code § 308-10-025 Public records available.

All public records of the department are available for public inspection and copying during normal business hours pursuant to these rules, except as otherwise provided by chapters 42.56 and 46.12 RCW, WAC 308-10-050 and 308-93-087. For the purposes of this chapter, the normal business hours are from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays.

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-10-025, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 42.56.040, [42.56.]070, and 46.01.110. WSR 10-10-040, § 308-10-025, filed 4/27/10, effective 5/28/10. Statutory Authority: RCW 42.17.260, 42.17.250, and 46.01.110. WSR 06-16-039, § 308-10-025, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW 42.17.250. WSR 96-05-036, § 308-10-025, filed 2/15/96, effective 3/17/96
WSR 92-09-107, § 308-10-025, filed 4/20/92, effective 5/21/92
Order MV 348, § 308-10-025, filed 12/24/75.

Wash. Admin. Code § 308-10-030 Public records officer.

The director designates the public records officer as the point of contact for public records requests. The records officer is located in the administrative office mentioned in WAC 308-10-015. The public records officer is responsible for:

(1) The implementation of the department's rules regarding release of public records;

(2) The publishing and maintenance of the department's public records index of all agency records; and

(3) Ensuring the department's compliance with the public records disclosure act requirements.

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-10-030, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 42.56.040, [42.56.]070, and 46.01.110. WSR 10-10-040, § 308-10-030, filed 4/27/10, effective 5/28/10. Statutory Authority: RCW 42.17.260, 42.17.250, and 46.01.110. WSR 06-16-039, § 308-10-030, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW 42.17.250. WSR 96-05-036, § 308-10-030, filed 2/15/96, effective 3/17/96
WSR 92-09-107, § 308-10-030, filed 4/20/92, effective 5/21/92
Order MV 348, § 308-10-030, filed 12/24/75.

Wash. Admin. Code § 308-10-040 Requests for public records.

In accordance with chapter 42.56 RCW, the public may inspect or copy nonexempt public records, or obtain copies of such records.

(1) Submit a request through one of the following methods:

(a) DOL's preferred method through the department's online portal located at https://wadolpublicrecords.nextrequest.com/; or

(b) Email addressed to the public records officer or designee sent to recordrequests@dol.wa.gov; or

(c) Send a written request, using the department's public records request form or a letter to P.O. Box 2957, Olympia, WA 98507-2957; or

(d) Verbally by phone or in person.

(2) DOL may request the following information before releasing certain records:

(a) The name and address of the person requesting the record.

(b) The calendar date on which the request is made.

(d) A specific description of the requested record or type of record as described in the current department record index.

(e) The signature and other contact information including telephone number and any email address.

(f) If the request is for a record with legal protections, a statement of intended use may be required.

(3) Persons authorized by law to obtain lists of names of individuals from public records will be required to complete a statement agreeing not to release or use the information for commercial purposes.

(4) Requestor should indicate if they want copies of the records made instead of simply inspecting them, and arrange to pay for copies of the records under WAC 308-10-045.

(5) The department is committed to providing the fullest assistance possible.

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-10-040, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 42.56.040, [42.56.]070, and 46.01.110. WSR 10-10-040, § 308-10-040, filed 4/27/10, effective 5/28/10. Statutory Authority: RCW 42.17.260, 42.17.250, and 46.01.110. WSR 06-16-039, § 308-10-040, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW 42.17.250. WSR 96-05-036, § 308-10-040, filed 2/15/96, effective 3/17/96
WSR 92-09-107, § 308-10-040, filed 4/20/92, effective 5/21/92
Order MV 348, § 308-10-040, filed 12/24/75.

Wash. Admin. Code § 308-10-041 Processing of public records requests—General.

(1) The department will provide full access to public records in accordance with RCW 42.56.100, the public records officer or designee will process requests in an efficient order depending on the size and complexity of the request.

(2) Failure to respond. If the department does not respond in writing within five business days of receipt of the request for disclosure, the requestor can contact the public records officer or designee to determine the reason for the failure to respond.

(3) Third-party notification. If requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may provide notice to persons named in the records, before providing the records to the requestor. Such notice should provide time for those other persons to contact the requestor and ask them to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request. Fulfillment of the request may be delayed while third parties consider or pursue their legal options.

(4) Inspection of physical records.

(a) The department will provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor must indicate which documents they want the agency to copy.

(b) The requestor must review assembled records or collect copied records within 30 days of the department's notification to them that the records are available. The department may notify the requestor in writing of this requirement and ask them to make arrangements to collect or review the records.

(c) The department may close the request and refile the assembled records if the requestor or their representative fails to claim or review the records or make other arrangements within 30 days of the department's notice.

(5) Providing copies of records. After inspection is complete, the public records officer or designee will make the requested copies or arrange for copying.

(6) Retrieving records. The public records officer or designee may provide access for inspection and copying in installments. The public records officer or designee may stop searching for the remaining records and close the request after 30 days if the requestor fails to inspect the entire set of records or one or more of the installments.

(7) Closing withdrawn or abandoned requests. The public records officer or designee will close the request and notify the requestor if the request is withdrawn, the records are not inspected, or the deposit is not paid.

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-10-041, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 42.56.040, [42.56.]070, and 46.01.110. WSR 10-10-040, § 308-10-041, filed 4/27/10, effective 5/28/10. Statutory Authority: RCW 42.17.260, 42.17.250, and 46.01.110. WSR 06-16-039, § 308-10-041, filed 7/26/06, effective 8/26/06.

Wash. Admin. Code § 308-10-045 Costs of providing copies of public records.

(1) The department does not charge a fee for the inspection of public records.

(2) Pursuant to RCW 42.56.120(2), the department declares that, for the following reasons, it would be unduly burdensome to calculate the actual costs for providing copies of public records:

(a) Funds were not allocated to perform a study to calculate actual costs, and the agency lacks the necessary funds to perform a study;

(b) Staff resources are insufficient to perform a study and to calculate such actual costs;

(3) The department may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120 and published in the fee schedule available on the department's website at www.dol.wa.gov.

(4) The department will charge the actual amount charged by an external vendor for records copied. This includes records in nonstandard sizes; or in formats identified in the department's fee schedule available on the department of licensing's website at www.dol.wa.gov.

(5) Before copying public records, the public records officer or designee may require the requestor to:

(a) Pay a deposit of up to 10 percent of the estimated costs to copy all the requested records;

(b) Pay the remainder of the copying costs before providing all the records; or

(6) At the department's discretion, the department may provide:

(a) Customized data services if the request would require the time of specialized program staff to prepare data compilations; or

(b) Customized electronic access services when such compilations and customized access services are not used by department of licensing for other agency purposes.

(7) At the discretion of the public records officer, the department may waive any charges for providing public records. This determination will be made on a case-by-case basis.

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-10-045, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 42.56.040, [42.56.]070, and 46.01.110. WSR 10-10-040, § 308-10-045, filed 4/27/10, effective 5/28/10. Statutory Authority: RCW 42.17.260, 42.17.250, and 46.01.110. WSR 06-16-039, § 308-10-045, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW 46.01.110 and 42.17.260. WSR 99-09-045, § 308-10-045, filed 4/19/99, effective 5/20/99. Statutory Authority: RCW 42.17.250. WSR 96-05-036, § 308-10-045, filed 2/15/96, effective 3/17/96
WSR 92-09-107, § 308-10-045, filed 4/20/92, effective 5/21/92
Order MV 348, § 308-10-045, filed 12/24/75.

Wash. Admin. Code § 308-10-055 Review of denials of public records.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may send a written request for the department to review the decision. The requestor must send the written request to the public records officer. The request must include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer will promptly provide written petitions and any other relevant information to the administrative services assistant director or designee. That person will consider the petition and either affirm or reverse the denial within 10 business days following the department's receipt of the petition, or within such other time as the department and the requestor mutually agree.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, any persons may request the attorney general to review the matter when the department concludes that a public record is exempt from disclosure. The attorney general has adopted rules on such requests in WAC 44-06-160.

(4) Judicial review. Pursuant to RCW 42.56.550, a requestor may request a judicial review of the department's denial of public records request.

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-10-055, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 42.56.040, [42.56.]070, and 46.01.110. WSR 10-10-040, § 308-10-055, filed 4/27/10, effective 5/28/10. Statutory Authority: RCW 42.17.260, 42.17.250, and 46.01.110. WSR 06-16-039, § 308-10-055, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW 42.17.250. WSR 92-09-107, § 308-10-055, filed 4/20/92, effective 5/21/92
Order MV 348, § 308-10-055, filed 12/24/75.

Wash. Admin. Code § 308-10-060 Protection of public records.

Pursuant to RCW 42.56.100 the following requirements will apply when inspecting public records held by the department:

(1) The department must have a designated department employee present while a requestor inspects department records.

(2) Requestors must not:

(a) Remove any public record from department premises.

(b) Mark or deface a public record in any manner during inspection.

(c) Dismantle public records maintained in a file or jacket, or in chronological or other filing order which would constitute excessive interference with the department's essential functions.

(d) Stay longer than their scheduled appointment to prevent excessive interference with other essential functions of the agency.

(3) Access to file cabinets, shelves, vaults, or other storage areas is restricted to department employees, unless other arrangements are made with the public records officer and designee.

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-10-060, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 42.17.250. WSR 92-09-107, § 308-10-060, filed 4/20/92, effective 5/21/92
Order MV 348, § 308-10-060, filed 12/24/75.

Wash. Admin. Code § 308-10-065 Records index.

(1) Index. The department has available to all persons a current index which provides identifying information as to the following records issued, adopted, or promulgated since its inception:

(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(b) Those statements of policy and interpretations of policy, statute, and constitution which have been adopted by the agency;

(d) Planning policies and goals, and interim and final planning decisions;

(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, and surveys, whether conducted by public employees or others; and

(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.

(2) Availability. The current index promulgated by the department shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.

History

Order MV 348, § 308-10-065, filed 12/24/75.

Wash. Admin. Code § 308-10-067 Public records indexing system.

(1) The department has implemented a system of indexing for identification and location of the following records:

(a) All records issued before July 1, 1990, for which the department has maintained an index.

(b) Final orders from adjudicative proceedings as defined in RCW 34.05.010(1) entered after June 30, 1990, that contain an analysis or decision of substantial importance to the department in carrying out its duties.

(c) Declaratory orders entered after June 30, 1990, that contain an analysis or decision of substantial importance to the department in carrying out its duties.

(d) Interpretive statements entered after June 30, 1990.

(e) Policy statements entered after June 30, 1990.

(2) The department shall maintain a general index of all its records available to the public for inspection and copying, including those records mentioned above.

(3) The general index of public records will be maintained and updated by the department. The public records officer is responsible for updating the general index. The index of records is available during regular business hours for public inspection at the department's administrative office located at 8005-A River Drive Southeast, Olympia 98501 and is available online at www.dol.wa.gov.

History

Statutory Authority: RCW 42.56.040, [42.56.]070, and 46.01.110. WSR 10-10-040, § 308-10-067, filed 4/27/10, effective 5/28/10. Statutory Authority: RCW 42.17.260, 42.17.250, and 46.01.110. WSR 06-16-039, § 308-10-067, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW 42.17.250. WSR 96-05-036, § 308-10-067, filed 2/15/96, effective 3/17/96. Statutory Authority: RCW 42.17.260(4). WSR 91-13-057, § 308-10-067, filed 6/17/91, effective 7/18/91.

Wash. Admin. Code § 308-10-075 Disclosure of vehicle owner information.

(1) Laws protecting vehicle owner information from disclosure. Vehicle record information may be protected from disclosure under chapters 42.56 and 46.12 RCW, and 18 U.S.C. Sec. 2721.

(2) Disclosing names and addresses of vehicle owners.

(a) Government agencies; or

(b) Business entities who provide proof of business verification; or

(c) Vehicle manufacturers and vehicle component manufacturers that require vehicle ownership information for recall of their own product(s); or

(d) Individuals who provide proof of identity and:

(i) The owner of record is requesting the information for a vehicle(s) currently registered in their name; or

(ii) They can provide either a letter of testamentary, letter of administration, court order, or a signed and notarized department of licensing form and a death certificate of the deceased; or

(iii) They have documentation showing how they obtained the vehicle; or

(iv) They are following the chattel lien process as required by RCW 60.08.085.

(3) In order for the department to disclose names and addresses of individual vehicle owners, the requestor must provide:

(a) Acceptable verification or proof of identity as stated in subsection (4) or (5) of this section; and

(i) A contract with the department; or

(ii) A disclosure form or agreement with the department as required by RCW 46.12.635.

(b) Any other supporting documentation as requested by the department.

(4) Acceptable business verification.

(a) If the requestor is a business, one of the following:

(i) A copy of its current/valid business or professional license; or

(ii) If the requestor is a business that is not required to be licensed, its federal employer identification number, federal tax number, or uniform business identifier number on its official business letterhead with a signature of the owner or an authorized representative.

(b) If the requestor is an attorney, a copy of:

(i) Their eligibility to practice law, including proof that their license is in a current/active status; and

(ii) An engagement letter, notice showing the attorney is representing someone, or evidence of an active case in court.

(i) Their current/valid private investigator's license; and

(ii) An engagement letter, notice showing the private investigator is representing someone, or evidence of an active case in court.

(5) Proof of identity.

Acceptable forms of identification include, but are not limited to:

(a) A current/valid driver's license or instruction permit issued by any U.S. state or foreign government. If the requestor's driver license has expired, they must also show a valid temporary driver's license with the expired card; or

(b) A current/valid United States armed forces identification; or

(d) A current/valid identification card issued by any foreign, federal, or state government; or

(e) A current/valid official U.S. passport or an unexpired foreign passport; or

(f) A current/valid enrollment card issued by the governing authority of a state or federally recognized Indian tribe.

| Note: | The department, at its own discretion, may waive the requirement in subsection (5) of this section and accept other documentation that clearly establishes the identity of the requestor. | | --- | --- |

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-10-075, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 46.01.110 and 46.12.635. WSR 14-01-051, § 308-10-075, filed 12/12/13, effective 1/12/14.

Chapter 308-10A Data sharing.

Wash. Admin. Code § 308-10A-100 Definitions.

For the purposes of RCW 46.22.010, the following definitions apply:

(1) "Access period" is a duration of time under the term of this agreement when recipient is granted access and use of protected personal information.

(2) "Agent" means a representative, or representatives, of a requestor that is under contract with the recipient or subrecipient to request driving or vehicle records on the requestor's behalf. "Agent" includes insurance pools established under RCW 48.62.031 of which the authorized recipient is a member.

(3) "Attorney," for the purposes of RCW 46.12.630 and 46.12.635, means an attorney functioning in a legal capacity when obtaining or using vehicle or vessel owner information from a recipient or subrecipient.

(4) "Authorized legal representative" means someone legally authorized under federal or state law to make decisions for the individual. An authorized legal representative is someone who:

(a) Can provide documentation that they have power of attorney; legal guardianship or conservatorship for the individual; executor, etc.; or

(b) Is a custodial parent of an individual who is under the age of 18.

(5) "Authorized use" means a permissible use granted to a recipient in a fully executed data sharing agreement with the department.

(6) "Bona fide research organization" means an entity, such as a university, that conducts noncommercial research using established scientific methods. There must be an intention to publish the research findings for wider scientific and public benefit, without restrictions or delay. Bona fide research organizations do not use protected personal information for commercial purposes.

(7) "Course of business" or other similar term means activities that are performed within the ordinary and necessary operations of the business and that pertain to the use of protected personal information as authorized by the recipient's data sharing agreement with the department.

(8) "Customers" means those entities that the recipient is providing services to using protected personal information but is not receiving protected personal information from the recipient. "Customers" does not include those entities receiving statistical reports that do not include protected personal information.

(9) "Data" means digital information contained in the department's electronic systems that may be disclosed to a recipient under state or federal law.

(10) "Data sharing agreement" means the written agreement between the department and recipient, or the recipient and subrecipient, that defines the terms and conditions which must be followed in order for the recipient or subrecipient to receive data originating from the department.

(11) "Governmental entity" means a federal agency, a state agency, board, commission, unit of local government, or quasi-governmental entity.

(12) "Independent third party" means any entity other than a member of the recipient or any of its stockholders, or any entity controlled by or under common control with any of the stockholders or the company group.

(13) "Individual registered or legal vehicle or vessel owner" or "individual vehicle or vessel owner" means a single vehicle or vessel owner, for the purposes of RCW 46.12.630.

(14) "List" means multiple records containing protected personal information, regardless of the method recipient uses to request or obtain records.

(15) "Misuse" means the access, disclosure, or use of protected personal information without the express, written authorization from the department in a data sharing agreement. "Misuse" also includes a violation of any privacy and security requirement outlined in a data sharing agreement.

(16) "Offshoring" means the electronic or hard copy transmission, accessing, viewing, capturing images, storage, or processing of protected personal information outside the United States.

(17) "Permissible use" means authorized or required uses as outlined in federal or state law.

(18) "Private investigator," for the purposes of RCW 46.12.630 and 46.12.635, has the same meaning as RCW 18.165.010(11), or as licensed by other authority.

(19) "Protected personal information" means collectively personal information and identity information originating from the department, as defined by RCW 46.04.209, 19.255.005, 42.56.590, and 18 U.S.C. Sec. 2725(3)–(4).

(20) "Recipient" means an entity with a permissible use who is directly receiving data from the department through a data sharing agreement.

(21) "Requestor" means an entity with an authorized permissible use to receive protected personal information from the department. A requestor may be an agent, subrecipient, or a recipient.

(22) "Regulatory bodies," for the purposes of RCW 46.52.130, means a body established by federal or state law and is responsible for regulating compliance with adopted rules or laws.

(23) "Statement of compliance" means an annual statement signed by an executive of an organization.

(24) "Subrecipient" means any entity outside a recipient's immediate organization that receives or has access to protected personal information including, but not limited to, subsidiaries, subcontractors, requestors, or agents.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-100, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-201 Recipient compliance requirements.

(1) Audits - For a recipient receiving protected personal information:

(a) A recipient receiving recurring lists of protected personal information must undergo data security and permissible use audits as outlined in the data sharing agreement.

(b) A recipient receiving a one-time list containing protected personal information must demonstrate security controls are in place to protect the information and may be required to undergo audits as outlined in the data sharing agreement.

(d) The department may conduct random audits of any recipient it deems necessary.

(e) The department will determine the frequency of all audits.

(f) The cost of all audits, including actual costs incurred by the department to coordinate, schedule, conduct, draft, receive, review, and report the audit up to the point when the department issues the final audit review or report, is the responsibility of the recipient.

(g) The department may suspend or terminate a recipient's access to data if the recipient fails to provide or allow an acceptable audit by the due date established by the department.

(h) The department will only accept third-party audits that meet department audit standards and are performed by auditors that meet independent third-party auditor qualifications.

(2) Subrecipient lists - A recipient must provide the department with a list of:

(a) All subrecipients and secondary subrecipients that received protected personal information originating from the recipient in the time frame requested; and

(b) All customers.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-201, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-202 Vetting of subrecipients.

Before giving a subrecipient access to protected personal information, the recipient must validate that the subrecipient demonstrates the following minimum requirements:

(1) The subrecipient has a permissible use under federal or Washington state laws, whichever is more restrictive.

(2) The subrecipient is a qualified recipient under federal or Washington state laws.

(3) The subrecipient has sufficient protections in place to secure the privacy of the protected personal information in accordance with the data sharing agreement.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-202, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-203 Subrecipient disqualification.

When the department notifies a recipient that its subrecipient is ineligible to receive protected personal information, the recipient must immediately:

(1) Terminate the subrecipient's access to protected personal information; and

(2) Require the subrecipient destroy all protected personal information it obtained through the recipient.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-203, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-204 Subrecipient audit requirements.

(1) A recipient must have procedures to audit subrecipients for compliance with the terms and conditions of its contract with the subrecipient.

(2) The audit methodologies must be sufficient for a reasonable person to conclude a subrecipient is compliant with requirements in the data sharing agreement.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-204, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-205 Required written consent audits.

(1) Recipients who provide protected personal information to subrecipients when a person must sign a release form under RCW 46.52.130, must establish processes to hold all subrecipients accountable for:

(a) Obtaining and maintaining the release form prior to requesting protected personal information;

(b) Verifying the release form is properly executed before requesting the protected personal information; and

(2) The process for requesting driving records must include verifying the consent forms contain the required information in WAC 308-10A-901.

(3) The recipient must make records available to the department demonstrating the process for obtaining consent is in use and is effective. The department will establish minimum requirements for such processes in its data sharing agreement with the recipient.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-205, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-301 Recipient-subrecipient data sharing agreement.

(1) A recipient must have a data sharing agreement with a subrecipient before giving the subrecipient access to protected personal information. The data sharing agreement terms need not be in a stand-alone document, but may be included in a general contract.

(2) The subrecipient data sharing agreement must include those requirements that the department has identified in the recipient's data sharing agreement as those to be passed on to subrecipient. A subrecipient data sharing agreement that does not contain all necessary requirements will not be considered adequate.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-301, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-401 Standards for audits of recipients.

When the department requires an audit under this section, it may accept an audit performed in the previous 12 months when it meets standards in the data sharing agreement and is performed by an auditor that meets independent third-party auditor qualifications.

For recipients receiving lists:

(1) Audit procedures must test for the presence of required policies and administrative, technical, or physical controls to reasonably conclude the controls are effective and in use by the recipient.

(2) Audit reports must provide documentation on the procedures, and the results of such procedures, used to determine whether controls align with requirements in the data sharing agreement.

For recipients receiving individual records of protected personal information, audit reports must demonstrate reasonable procedures were used to conclude each recipient is compliant with requirements in the data sharing agreement.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-401, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-402 Selection of an auditor.

If the department chooses not to perform an audit, the recipient must select a qualified independent third-party auditor to conduct the audit.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-402, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-403 Independent third-party auditor qualifications.

Independent third-party auditors conducting data security audits must, at a minimum, hold one of the following qualifications:

(1) American Institute of Certified Public Accountants (AICPA);

(2) Certified Information Security Auditor (CISA/ISACA);

(3) ANSI-ASQ National Accreditation Board (ANAB); or

(4) Other nationally recognized information technology auditing certification.

(5) An internal audit organization that can attest it conforms with the international standards for the professional practice of internal auditing.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-403, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-404 Statement of compliance.

The recipient will:

(1) Perform an annual self-assessment to determine compliance with the requirements of the data sharing agreement.

(2) Confirm in writing to the department annually that it complies with requirements in the data sharing agreement.

(3) Document instances of noncompliance with the data sharing agreement and include a corrective action plan to correct all deficiencies.

(4) Include a declaration with their statement of compliance that affirms protected personal information is only used as authorized.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-404, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-405 Corrective action plans.

(1) When notifying the department of any noncompliance with the data sharing agreement, the notification must include a corrective action plan for each deficiency.

(2) The corrective action plan must identify the anticipated date the recipient will complete each action to either bring the recipient into compliance or eliminate the deficiency.

(3) The department may accept the recipient's action, and close the action item, or may require additional action.

(4) The department may take any other action described in the recipient's data sharing agreement, this chapter, or state or federal law, without accepting corrective action plans as it deems necessary for the safety and welfare of the public.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-405, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-500 Permissible uses pertaining to RCW 46.12.630.

(1) For the purposes of RCW 46.12.630(1): The sharing of protected personal information will be in accordance with the following vehicle and vessel regulations as they existed on January 1, 2023:

(a) For vehicles:

(i) Titles I and IV of the Anti-Car Theft Act of 1992;

(ii) The Automobile Information Disclosure Act (15 U.S.C. Sec. 1231 et seq.);

(iii) The Clean Air Act (42 U.S.C. Sec. 7401 et seq.); and

(iv) 49 U.S.C. Secs. 30101-30183, 30501-30505, and 32101-33118;

(b) For vessels:

(i) 46 U.S.C. Sec. 4310; and

(ii) Any relevant section of the Code of Federal Regulations adopted by the United States Coast Guard.

(2) For the purposes of RCW 46.12.630(2):

(a) "Federal, state, or local agency," "local governmental entity," "governmental agency," and "government agency" have the same meaning as "governmental entity." (See WAC 308-10A-805.)

(b) For purposes of section RCW 46.12.630 (2)(h), "other applicable authority" includes out-of-state or Canadian entities legally authorized to operate a toll facility.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-500, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-700 Research.

(1) The department may disclose protected personal information for research purposes to governmental entities and bona fide research organizations only when:

(a) The research cannot reasonably be conducted without the protected personal information, the recipient provides adequate information for the department to reasonably determine that the disclosure of protected personal information will not harm individuals, the benefits to be derived from the disclosure are clearly in the public interest, and the results are not of a commercial interest; or

(b) The research purpose has been approved in writing by an authorized official in the department, legislature, or governor's office.

(2) The department may disclose pseudonymized data for research purposes on the condition the recipient will make no attempt to re-identify individuals.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-700, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-801 Agents.

Where agents are permitted, a requestor may access protected personal information through a chain of agents. For example, an employer (requestor) may use an employment agency (agent #1) to request records on its behalf. In turn, the employment agency may request the record through a recipient (agent #2).

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-801, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-802 Offshoring.

Unless otherwise explicitly authorized in statute, or with prior written authorization from the department, recipients must:

(1) Only allow protected personal information to be transmitted, accessed, viewed, stored, or processed within the United States.

(2) Maintain the primary, backup, disaster recovery, and other sites for storage of protected personal information within the United States.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-802, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-804 Notification of misuse or unauthorized disclosure.

In the event of misuse or unauthorized disclosure of personal or identity information by either the recipient or its subrecipient the recipient must:

(1) Notify the department as outlined in its data sharing agreement with the department;

(2) Cooperate with all department requirements in responding to the event;

(3) Notify the department before notifying individuals or the public.

The subrecipient must notify the recipient of a misuse or unauthorized disclosure of personal or identity information.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-804, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-805 Applications for data.

(1) An application must be submitted to the department when requesting data.

(a) The department may reject incomplete applications.

(b) The department may close the application if the applicant does not provide sufficient information to complete the application process within 90 days of request.

(c) The department may close an approved application to receive data if the applicant does not execute the data sharing agreement within 30 days of department sending the agreement to the applicant for signature.

(2) In the event of a declared emergency, the department may allow a governmental entity to execute a data sharing agreement prior to submitting a formal application. The government entity must submit the application by a date designated by the department. The department may waive the requirement for an application or a complete application.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-805, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-806 Consent.

For the purposes of disclosing protected personal information, an individual's authorized legal representative may authorize the disclosure.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-806, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-901 Authorization to request a driving abstract.

(1) When the subject of a driver's abstract must authorize the release of the abstract under RCW 46.52.130, the party requesting the driver's abstract under the terms of a data sharing agreement may use the department's release form, or its own version of the release form provided it contains the information required by federal and state law, and the department. The party requesting the driver's abstract under the terms of a data sharing agreement must verify that its release form is consistent with federal and state law, and department requirements.

(2) If a recipient or subrecipient uses its own version of the release form, the form must not bear the department logo or otherwise indicate it is an official Washington state document.

(3) The release form may be signed in ink or electronically.

(4) A release form must:

(a) Include the name and signature of the person whose record is being requested, or the name and signature of their authorized legal representative.

(b) Include the date the signature was made.

(i) For employment/prospective employment, driving is a condition of employment or otherwise at the direction of the employer, or the employee or prospective employee handles or will be handling heavy equipment or machinery.

(ii) For volunteering, the information is necessary for purposes related to driving by the individual at the direction of the volunteer organization.

(iii) For employee/prospective employee releases.

(A) Include a statement that any information contained in the abstract related to an adjudication that is subject to a court order sealing the juvenile record of an employee or prospective employee may not be used by the employer or prospective employer, or an agent authorized to obtain this information on their behalf, unless required by federal regulation or law; and

(B) Provide instructions for how someone can demonstrate that an adjudication contained in the abstract is subject to a court order sealing the juvenile record.

(I) The name(s) of the agent(s) authorized to obtain the information on the requestor's behalf.

(II) Include information on where to send the form after it is properly executed.

(5) When the subject of a driver's abstract must authorize the release of the abstract under RCW 46.52.130, the party requesting the driver's abstract under the terms of a data sharing agreement must retain the signed release form for at least six years.

(6) The signed release form may be used for employment or volunteering purposes during the period the subject of the driver's abstract is under continuous employment or volunteering. The employer or volunteering organization must process a new release form for the subject of the driver's abstract when there is a break in continuous employment or volunteering.

(7) For the purposes of prospective employment or volunteering, the release form and the driving record must be disposed of after six months from the date the record was obtained, or as otherwise required by law, if the subject of the driver's abstract is not placed into a position with the employer or volunteer organization that involves driving as a function of the position.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-901, filed 9/7/23, effective 10/8/23.

Wash. Admin. Code § 308-10A-902 Data retention and destruction.

(1) The recipient and its subrecipients must adopt data retention and destruction policies that are in keeping with state and federal law including, but not limited to, chapter 19.215 RCW.

(2) Except as otherwise required by law or as provided in a data sharing agreement, protected personal information may be retained only until the permissible use has been fulfilled or 10 years. After the required permissible use or retention period has been met, the protected personal information must be destroyed.

History

Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-902, filed 9/7/23, effective 10/8/23.

Chapter 308-11 Regulation of auctioneers.

Wash. Admin. Code § 308-11-030 Auctioneer fees.

The following fees shall be charged by the business and professions division of the department of licensing:

| Title of Fee | Fee | | | --- | --- | --- | | Auctioneer: | | | | | Initial application | $171.00 | | | Renewal | 171.00 | | | Late renewal penalty | 110.00 | | | License print fee | 5.00 | | | Certification | 25.00 | | Auction company: | | | | | Initial application | 281.00 | | | Renewal | 281.00 | | | Late renewal penalty | 110.00 | | | License print fee | 5.00 |

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-11-030, filed 10/21/22, effective 11/22/22. Statutory Authority: RCW 18.11.200 and 43.24.086. WSR 07-16-036, § 308-11-030, filed 7/23/07, effective 9/1/07. Statutory Authority: RCW 18.11.060, 43.24.086, 43.24.023. WSR 04-17-074, § 308-11-030, filed 8/13/04, effective 10/1/04. Statutory Authority: RCW 18.11.060, 43.24.086 and 43.135.055. WSR 98-16-061, § 308-11-030, filed 8/3/98, effective 9/3/98. Statutory Authority: RCW 43.24.086. WSR 90-06-052, § 308-11-030, filed 3/2/90, effective 4/2/90
WSR 87-10-028 (Order PM 650), § 308-11-030, filed 5/1/87. Statutory Authority: RCW 18.11.060. WSR 86-21-127 (Order PM 622), § 308-11-030, filed 10/22/86. Statutory Authority: 1983 c 168 § 12. WSR 83-17-031 (Order PL 442), § 308-11-030, filed 8/10/83. Formerly WAC 308-11-001.

Wash. Admin. Code § 308-11-035 Renewal of registration.

(1) An auctioneer license will be issued to an applicant, provided all requirements are met for licensure. An auctioneer license will expire one year from the date of issuance.

(2) An auction company license will be issued, provided all requirements are met for licensure. The auction company license will expire one year from the date of issuance.

(3) An application for a license renewal received after the date of expiration will require the payment of the penalty fee in addition to the renewal fee.

History

Statutory Authority: RCW 18.11.060, 43.24.086 and 43.135.055. WSR 98-16-061, § 308-11-035, filed 8/3/98, effective 9/3/98. Statutory Authority: RCW 18.11.060 and 18.11.200. WSR 88-01-122 (Order PM 701), § 308-11-035, filed 12/23/87. Statutory Authority: RCW 18.11.200. WSR 86-21-127 (Order PM 622), § 308-11-035, filed 10/22/86.

Wash. Admin. Code § 308-11-050 Surety bond or other security in lieu of bond required.

(1) As required by chapter 18.11 RCW, the amount of the surety bond or other security in lieu of the bond to be filed and maintained for an auctioneer license shall be five thousand dollars.

(2) The amount of the surety bond or other security in lieu of the bond to be filed and maintained for an auction company license shall be based upon the value of the gross sales during the previous calendar year according to the following scale:

| | GROSS SALES | BOND/SECURITY AMOUNT | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | $ | 0.00 | to | $ | 24,999.99 | $ | 5,000.00 | | | $ | 25,000.00 | to | $ | 49,999.99 | $ | 10,000.00 | | | $ | 50,000.00 | to | $ | 99,999.99 | $ | 15,000.00 | | | $ | 100,000.00 | to | $ | 499,999.99 | $ | 20,000.00 | | | $ | 500,000.00 | & | | Above | $ | 25,000.00 | |

(3) All auction companies upon application or with license renewal, shall submit a financial certification affidavit on forms provided by the department.

(4) Each licensee must maintain such a surety bond, or other security in lieu of a bond, in an active status at all times during the period of licensure.

History

Statutory Authority: RCW 18.11.060, 43.24.086 and 43.135.055. WSR 98-16-061, § 308-11-050, filed 8/3/98, effective 9/3/98. Statutory Authority: RCW 18.11.121 and 18.11.200. WSR 88-23-034 (Order PM 766), § 308-11-050, filed 11/9/88. Statutory Authority: RCW 18.11.200. WSR 86-21-127 (Order PM 622), § 308-11-050, filed 10/22/86. Statutory Authority: RCW 18.11.120 and 18.11.200. WSR 85-03-045 (Order PL 506), § 308-11-050, filed 1/11/85. Statutory Authority: RCW 42.24.085 [43.24.085], 1982 c 205, §§ 3, 9, 10 and 18. WSR 82-23-023 (Order PL 413), § 308-11-050, filed 11/9/82.

Wash. Admin. Code § 308-11-060 Advance notice of cancellation or termination required.

No cancellation of any surety bond or other security used in lieu of a surety bond, shall be effective unless the department of licensing and the licensee shall have first been given thirty days advance written notice of the cancellation or termination with the reason for the cancellation or termination: Provided, That no such notice shall be required when the termination of the bond or other security used in lieu of the bond is due to the expiration or revocation of the subject license.

History

Statutory Authority: RCW 18.11.200. WSR 86-21-127 (Order PM 622), § 308-11-060, filed 10/22/86. Statutory Authority: RCW 42.24.085 [43.24.085], 1982 c 205, §§ 3, 9, 10 and 18. WSR 82-23-023 (Order PL 413), § 308-11-060, filed 11/9/82.

Wash. Admin. Code § 308-11-100 Records.

The following requirements and prohibitions apply to all records and documents required to be maintained by chapter 18.11 RCW, or in these rules:

(1) They shall be maintained in accordance with generally accepted accounting practices.

(2) No person shall make any false or misleading statement, or make any false or misleading entry, or wilfully fail to make any entry required to be maintained or made, in any such record or document.

(3) No person shall wilfully fail to produce any such record or document for inspection by the department.

(4) The minimum required records are as follows:

(a) Bank trust account records;

(b) Duplicate receipt book or receipt journal;

(d) Check register or cash disbursement journal;

(e) Validated bank deposit slips;

(f) Reconciled bank monthly statement (client liability vs bank statement);

(g) All cancelled checks;

(h) All voided checks;

(i) Client's ledger card which indicates client's name, dates of transactions, amount received, amount disbursed, current balance, check number, receipt number, and item(s) covered;

(j) A transaction folder or file containing a copy of all agreements and related correspondence for each transaction;

(k) The above minimum records shall be maintained for a minimum period of three years.

History

Statutory Authority: RCW 18.11.200. WSR 92-13-045, § 308-11-100, filed 6/11/92, effective 7/12/92
WSR 87-21-011 (Order PM 686), § 308-11-100, filed 10/9/87. Statutory Authority: RCW 18.11.120 and 18.11.200. WSR 85-03-045 (Order PL 506), § 308-11-100, filed 1/11/85. Statutory Authority: RCW 42.24.085 [43.24.085], 1982 c 205, §§ 3, 9, 10 and 18. WSR 82-23-023 (Order PL 413), § 308-11-100, filed 11/9/82.

Wash. Admin. Code § 308-11-120 Inspection and audit.

The following shall be subject to inspection and audit at any reasonable time, with or without notice upon demand by the department:

(1) All records required to be maintained by an auctioneer by chapter 18.11 RCW, or WAC 308-11-100;

(2) Other business or other types of records of the auctioneer or auction company which may be related to activity as an auctioneer or auction company or necessary to understand such records;

(3) Any auction mart or other premise used to conduct an auction;

(4) Any personal property which may be the subject of, or related to, an auction.

(5) Records not physically present upon the premises at the time the demand is made shall be procured and produced to the department within twenty-four hours, or within a time approved by the department;

(6) Records physically present upon the premises at the time demand is made shall be inspected or audited at any reasonable time which shall be between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

History

Statutory Authority: RCW 18.11.060, 43.24.086 and 43.135.055. WSR 98-16-061, § 308-11-120, filed 8/3/98, effective 9/3/98. Statutory Authority: RCW 18.11.120 and 18.11.200. WSR 85-03-045 (Order PL 506), § 308-11-120, filed 1/11/85. Statutory Authority: RCW 42.24.085 [43.24.085], 1982 c 205, §§ 3, 9, 10 and 18. WSR 82-23-023 (Order PL 413), § 308-11-120, filed 11/9/82.

Wash. Admin. Code § 308-11-130 Suit or complaint notification.

Every licensee shall, within thirty days after service or knowledge of, notify the department of any suit or complaint served or filed in any court of competent jurisdiction, civil or criminal, in which the subject matter involves any auction or business activity of the defendant; and in which the subject matter thereof, involves any auction or business activity of the defendants therein named. The department address is Business and Professions Division, Auctioneer Section, P.O. Box 9649, Olympia, Washington 98507-9649. Complaints against others may also be sent to the above address.

History

Statutory Authority: RCW 18.11.060, 43.24.086 and 43.135.055. WSR 98-16-061, § 308-11-130, filed 8/3/98, effective 9/3/98. Statutory Authority: RCW 18.11.200. WSR 92-13-045, § 308-11-130, filed 6/11/92, effective 7/12/92.

Chapter 308-12 Architects.

Wash. Admin. Code § 308-12-005 Definitions.

(1) "Architect of record" is the architect whose stamp or seal appears on the technical submission.

(2) "ARE" or "examination" means the architect registration examination written and administered by NCARB.

(3) "AXP" means the Architecture Experience Program established by NCARB, which is the structured training program currently recognized by the Washington state board for architects.

(4) "Building" means "structure" as defined in RCW 18.08.320.

(5) "Direct supervision," as in the phrase "under the direct supervision of an architect," as used in connection with architectural work experience for qualification and eligibility for the examination shall refer to any of the following conditions or situations:

(a) The supervising architect is an employer who is knowledgeable of the performance and competence of the applicant.

(b) The supervising architect works for the same employer as the applicant, and is either the direct superior of the applicant, or a co-worker knowledgeable and responsible for the efforts of the applicant.

(6) "Entire examination" as referred to in RCW 18.08.360(3) means all divisions of the ARE.

(7) "Institution of higher education" as used in RCW 18.08.320 means a college or school recognized by the National Architectural Accreditation Board (NAAB) as having accredited programs in architecture.

(8) "IPAL" means the Integrated Path to Architectural Licensure established by NCARB and is a structured path to earning an architectural license that gives students the opportunity to complete all core licensure requirements while earning a degree.

(9) "NAAB" means National Architectural Accreditation Board.

(10) "NCARB" means the National Council of Architectural Registration Boards, of which the Washington board is a member.

(11) "Practical architectural work experience" means performing activities involved in the practice of architecture, as defined in RCW 18.08.320 and meeting the criteria in RCW 18.08.350.

(12) "Technical submission" means designs, drawings, specifications, studies, and other technical documents prepared for the submission to public authorities.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-005, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, amended and recodified as § 308-12-005, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.96.060. WSR 07-05-040, § 308-12-115, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. WSR 02-11-082, § 308-12-115, filed 5/14/02, effective 6/14/02
WSR 98-20-061, § 308-12-115, filed 10/2/98, effective 11/2/98
WSR 91-12-061, § 308-12-115, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 18.08.320. WSR 87-19-095 (Order PM 676), § 308-12-115, filed 9/17/87. Statutory Authority: 1985 c 37 § 5. WSR 85-21-065 (Order PL 560), § 308-12-115, filed 10/17/85.

Wash. Admin. Code § 308-12-010 How does the state board function?

The Washington state board for architects, hereafter called the board, shall hold quarterly regular public meetings each year. Additional special meetings may be held at such times and places as the board may deem necessary. At its regular meeting during the second quarter of the calendar year, the board will elect a chair, a vice chair and a secretary for the upcoming year.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-010, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-010, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.96.060. WSR 07-05-040, § 308-12-010, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. WSR 02-11-082, § 308-12-010, filed 5/14/02, effective 6/14/02. Statutory Authority: 1985 c 37 § 5. WSR 85-21-065 (Order PL 560), § 308-12-010, filed 10/17/85. Statutory Authority: RCW 18.08.130. WSR 83-04-071 (Order PL 422), § 308-12-010, filed 2/2/83
Order PL-132, § 308-12-010, filed 9/25/72
filed 4/28/67
Rule 1, filed 11/19/64
Rules 2, 4, filed 10/26/62
Rule 1, filed 10/26/62.

Wash. Admin. Code § 308-12-016 What are the board member rules of conduct?

(1) When a member of the board either owns a beneficial interest in or is an officer, agent, employee, or member of an entity; or has a close relationship with an individual or organization who is the subject of a board action, the member shall:

(a) Recuse themselves from the board discussion regarding the specific action;

(b) Recuse themselves from the board vote on the specific action; and

(c) Refrain from attempting to influence the remaining board members in their discussion and vote regarding the specific action.

(2) The prohibition against discussion and voting set forth in subsection (1)(a) and (c) of this section shall not prohibit the member of the board from using general expertise to educate and provide general information on the subject area to the other members.

(3) "Board action" means any action on the part of the board, including, but not limited to:

(a) A decision, deliberation, determination, finding, ruling, or order; or

(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-016, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, amended and recodified as § 308-12-016, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.96.060. WSR 07-05-040, § 308-12-111, filed 2/15/07, effective 3/18/07.

Wash. Admin. Code § 308-12-023 How do I become a licensed architect?

You need to fulfill three general requirements before getting your license: Education, examination, and experience. If you are already licensed in another NCARB-recognized jurisdiction, you will need to verify you have met these requirements before being licensed in Washington. The board may request additional information as necessary. You must also satisfactorily complete the Washington state law review exam.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-023, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-023, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-025 What qualifications do I need to meet for initial licensure?

If you are not licensed in another jurisdiction, your combination of education and experience will determine what you need to do to get your license (see the chart below). To become licensed, register through NCARB and they will guide you through both the AXP and the ARE.

(1) If you have an NAAB accredited architectural degree, or are enrolled in an IPAL program, you must complete the AXP and the ARE. The board also requires a review of Washington's laws and rules relating to the practice of architecture.

(2) If you do not have an NAAB accredited architectural degree, you must have:

(a) A high school diploma or equivalent;

(b) You must complete the ARE; and

(i) At least three of these years of work experience must be under the direct supervision of a licensed architect and be completed outside of the experience reported in the AXP.

(ii) The remaining three years can be any combination of the following as approved by the board:

(A) Postsecondary education courses in architecture, architectural technology or a related field including, but not limited to, environmental design; urban planning; landscape architecture; construction management; civil engineering; naval architecture; interior architecture; other fields as determined by the board.

(B) A year consists of three quarters (45 credit hours), or two semesters (30 credit hours), or as otherwise defined by the postsecondary school attended. You may earn a partial year of experience as follows: Each quarter (15 credits) completed equals four months of experience; each semester (15 credits) completed equals six months of experience. Experience will not be awarded for increments less than 15 credits or its equivalent.

(iii) Practical architectural work experience may be accrued simultaneously while earning postsecondary educational credit.

Part-time work will accrue on a prorated basis.

(3) The board also requires satisfactory completion of the Washington state law review exam.

Architect – Draft rule changes

| Education type | Accredited professional degree (B.Arch or M.Arch) Or Enrolled in IPAL | An equivalent degree, awarded by EESA (education evaluation services for architects) for candidates from a nonaccredited U.S. architectural school or a foreign architectural school | A preprofessional degree in architecture (typically four-years) from a program offering an accredited degree | Postsecondary study in architecture or related fields, with passing grades, in increments of one year, will receive up to three years credit | A degree in architectural technology (typically a two-year community college or trade school degree) | High school diploma or equivalent | | --- | --- | --- | --- | --- | --- | --- | | Practical architectural work experience | Gained during AXP | AXP PLUS Two additional years under the direct supervision of an architect | AXP PLUS Three or more additional years depending on your education credit | AXP PLUS Four additional years | AXP PLUS Six additional years | | | Three of these additional years must be under the direct supervision of an architect | | | | | | | | AXP | After graduating high school, contact NCARB to enroll in AXP and begin reporting experience | | | | | | | When to apply to take the ARE | You can start taking the ARE through NCARB while enrolled in AXP or actively participating in an NCARB-accepted Integrated Path to Architectural Licensure (IPAL) option within a NAAB-accredited professional degree program in architecture while enrolled in AXP | After completing and submitting the board's official application form with payment contact NCARB to register for the ARE | | | | | | When can you get your license | Apply to the board after you have completed your AXP and ARE | Apply to the board after you have met the education and/or experience requirements and have completed the AXP and ARE | | | | | | Additional materials | All candidates must complete the Washington law review | | | | | |

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-025, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-025, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.96.060. WSR 07-05-040, § 308-12-025, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. WSR 98-20-061, § 308-12-025, filed 10/2/98, effective 11/2/98. Statutory Authority: RCW 18.08.350(2). WSR 97-03-121, § 308-12-025, filed 1/21/97, effective 2/21/97. Statutory Authority: RCW 18.08.340. WSR 95-04-080, § 308-12-025, filed 1/31/95, effective 3/3/95. Statutory Authority: RCW 18.08.360. WSR 89-17-038 (Order PM 857), § 308-12-025, filed 8/10/89, effective 9/10/89. Statutory Authority: 1985 c 37 § 5. WSR 85-21-065 (Order PL 560), § 308-12-025, filed 10/17/85.

Wash. Admin. Code § 308-12-028 What is the application process for initial licensure as an architect?

(1) If you have an NAAB accredited architectural degree, or are enrolled in an IPAL program:

(a) Contact NCARB to register for the AXP and the ARE. You will pay the fees for examination and reexamination directly to NCARB.

(b) When you have finished the AXP and the ARE:

(i) Have NCARB transmit your council record directly to the board office, showing evidence of your qualifications, and successful completion of the AXP and the ARE.

(ii) Complete the board's official application form with the application fee and initial license fee and submit it to the board office. The application fee is not refundable.

(iii) Satisfactorily complete the Washington state law review exam.

(2) If you do not have an accredited architectural degree:

(a) Complete the board's official application form with the application fee and submit it to the board office. The application fee is not refundable.

(b) Contact NCARB to register for the AXP and the ARE. You will pay the fees for examination and reexamination directly to NCARB.

(c) Using the board's application forms, have the licensed architects who have reviewed your practical work experience provide verification of your experience directly to the board office.

(d) If applicable, have your college or university submit, directly to the board office, official sealed transcript(s) showing any applicable courses you have taken.

(e) Once you successfully complete all education/experience requirements, the AXP and the ARE have NCARB transmit your council record directly to the board office.

(f) Submit the initial license fee to the board office.

(g) Satisfactorily complete the Washington state law review exam.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-028, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-028, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-031 Who manages the AXP and administers the ARE examination?

NCARB maintains and validates the continuing, comprehensive record of training and the board has adopted NCARB's AXP as the board-approved structured training program. The board has adopted the NCARB ARE and grading procedure prepared by NCARB as the state examination for licensure. NCARB administers the entire examination for Washington candidates, and collects examination and reexamination fees accordingly. Candidates may take portions of the examination concurrently while enrolled in the AXP. No review or appeal of failed examinations is accepted by the department or the board.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-031, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-031, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.08.340. WSR 02-11-082, § 308-12-031, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 18.08.360(2). WSR 97-03-121, § 308-12-031, filed 1/21/97, effective 2/21/97. Statutory Authority: RCW 18.08.340 and 18.08.360. WSR 90-11-062, § 308-12-031, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 18.08.360. WSR 89-17-038 (Order PM 857), § 308-12-031, filed 8/10/89, effective 9/10/89
WSR 88-17-085 (Order PM 767), § 308-12-031, filed 8/22/88. Statutory Authority: RCW 18.08.340 and 18.08.360. WSR 88-01-035 (Order PM 694), § 308-12-031, filed 12/11/87. Statutory Authority: 1985 c 37 § 5. WSR 85-21-065 (Order PL 560), § 308-12-031, filed 10/17/85. Statutory Authority: RCW 18.08.130. WSR 85-05-010 (Order PL 517), § 308-12-031, filed 2/11/85
WSR 84-04-028 (Order PL 458), § 308-12-031, filed 1/25/84
WSR 83-04-071 (Order PL 422), § 308-12-031, filed 2/2/83.

Wash. Admin. Code § 308-12-050 What qualifications do I need to meet if I am already licensed?

(1) If you hold an active architect license in good standing in any jurisdiction recognized by NCARB, you can apply for a Washington license if your qualifications and experience meet one of the following:

(a) You have an NCARB certificate. The board recognizes NCARB certification to include certification through the broadly experienced architect and/or broadly experienced foreign architect programs;

(b) You do not have an NCARB certificate, but you have satisfactorily completed the ARE or an examination as approved by the board and:

(i) Have been licensed as an architect eight or more years; or

(ii) Have met the educational and experience requirements of WAC 308-12-025, and have completed the AXP.

(2) If your architect license is from a jurisdiction not recognized by NCARB, you will need to apply for initial licensure as described in WAC 308-12-028.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-050, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-050, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.96.060. WSR 07-05-040, § 308-12-050, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. WSR 02-11-082, § 308-12-050, filed 5/14/02, effective 6/14/02
WSR 97-03-121, § 308-12-050, filed 1/21/97, effective 2/21/97. Statutory Authority: RCW 18.08.360. WSR 89-17-038 (Order PM 857), § 308-12-050, filed 8/10/89, effective 9/10/89. Statutory Authority: RCW 18.08.340(1) and 18.08.400. WSR 88-09-066 (Order PM 720), § 308-12-050, filed 4/20/88. Statutory Authority: RCW 18.08.340 and 18.08.350 (3)(a). WSR 86-04-088 (Order PL 579), § 308-12-050, filed 2/5/86. Statutory Authority: 1985 c 37 § 5. WSR 85-21-065 (Order PL 560), § 308-12-050, filed 10/17/85. Statutory Authority: RCW 18.08.130. WSR 85-05-010 (Order PL 517), § 308-12-050, filed 2/11/85
WSR 84-04-028 (Order PL 458), § 308-12-050, filed 1/25/84
WSR 83-04-071 (Order PL 422), § 308-12-050, filed 2/2/83
Order PL-132, § 308-12-050, filed 9/25/72
Order 691102, § 308-12-050, filed 11/26/69
Rule 9, filed 11/19/64, 10/26/62.

Wash. Admin. Code § 308-12-055 What is the application process if I am already licensed in an NCARB recognized jurisdiction?

(1) If you are currently licensed and have an NCARB certificate:

(a) Complete the board's official application form and submit it to the board office with the reciprocity application fee and the initial license fee. The application fee is not refundable.

(b) Have NCARB transmit evidence of your certification directly to the Washington board office.

(2) If you are licensed in an NCARB-recognized jurisdiction and do not have an NCARB certificate:

(a) Complete the board's official application form and submit it to the board office with the reciprocity application fee and the initial license fee. The application fee is not refundable.

(b) Request certification be sent directly from the issuing jurisdiction to the board office, verifying you have successfully passed the ARE, and:

(i) Have held an active license for eight or more years; or

(ii) Have held an active license for less than eight years and have either:

(A) An NAAB accredited architectural degree, as shown by an official sealed transcript sent directly to the board office by the college or university and have completed the AXP as shown by your AXP record sent directly to the board office from NCARB;

(B) A combination of education and experience, including completion of the AXP, totaling eight years, as shown by:

(I) An official sealed transcript showing any applicable courses you have taken from a community college, technical college, or university. The transcript must be sent directly from the college or university to the board office;

(II) Verification of practical architectural work experience, on the board's application forms, completed by licensed architects who have reviewed your practical work experience and sent directly to the board office; and

(III) Your AXP record sent directly to the board office from NCARB.

(3) Satisfactorily complete a review of Washington state law review exam.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-055, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-055, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-065 What if I don't finish the licensing process?

If you fail to complete the licensing process and your records show no activity for five consecutive years, the board will consider your application abandoned. No activity includes, but is not limited to:

• Failure to submit the required documents and other information requested by the board within five consecutive years from the last date the board requested the documents or other information.

• Failure to provide the board with any written communication during five consecutive years indicating you are attempting to complete the licensing process.

If your application is considered abandoned, it may be archived or destroyed, and you will be required to reapply for licensure and comply with the licensing requirements in effect at the time of reapplication.

History

Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-065, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-081 Do I need a stamp or seal?

Every architect licensed in the state of Washington must have a seal of design authorized by the board, bearing the registrant's name, license number and the legend "Registered architect, state of Washington." An example of the board-authorized seal appears below. Deviations are not allowed.

| | | --- |

You must sign and seal all technical submissions required for building permits or regulatory approvals that are filed with authorities having jurisdiction.

(1) Drawings prepared by you must be signed and sealed on each sheet.

(2) Specifications and other technical submissions need only be sealed on the cover, title page, and all pages of the table of contents.

(3) The seal may be electronic.

You may only sign and seal drawings prepared by you, or in one of the following ways:

(a) By your regularly employed subordinates and reviewed by you;

(b) By an individual or firm under direct subcontract with you, if the signing and sealing architect has reviewed and coordinated the preparation of the work, or has integrated the work into their own technical submissions;

(c) In collaboration with an architect licensed in a jurisdiction recognized by the board provided there is a contractual agreement between you and that architect, if the signing and sealing architect has reviewed and coordinated the preparation of the work, or has integrated the work into their own technical submission.

By signing and sealing technical submissions, you become the architect of record and are responsible to the same extent as if you prepared the technical submissions yourself.

Without exception, these stamping requirements apply to all work filed with public authorities you prepare or review, or that is prepared under your personal supervision by persons under your direction and control, regardless whether the work is exempt from the licensing requirements found in RCW 18.08.410.

(4) The term "signature" or "signed" as used in chapters 18.08 RCW and/or 308-12 WAC, means the following:

(a) A handwritten identification or a digital representation of your handwritten identification that represents the act of putting your name on a document to attest to its validity. The handwritten or digital identification must be:

(i) Original and written by hand, or a scanned image of an original, handwritten identification;

(ii) Permanently affixed to the document(s) being certified;

(iii) Applied to the document by the identified licensee or by their designee under the direction of the licensee;

(iv) Placed across the seal/stamp of the licensee.

(b) A digital identification that is an electronic authentication process attached to or logically associated with an electronic document. The digital identification may include a scanned or digitized signature. The digital identification must be:

(i) Unique to the licensee using it;

(ii) Capable of independent verification;

(iii) Under the exclusive control of the licensee using it; and

(iv) Linked to a document in such a manner that a digital identification is invalidated if any data in the document is changed.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-081, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-081, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.96.060. WSR 07-05-040, § 308-12-081, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. WSR 02-11-082, § 308-12-081, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 18.08.340 and 18.08.350 (3)(a). WSR 86-04-088 (Order PL 579), § 308-12-081, filed 2/5/86. Statutory Authority: 1985 c 37 § 5. WSR 85-21-065 (Order PL 560), § 308-12-081, filed 10/17/85. Statutory Authority: RCW 18.08.130. WSR 83-04-071 (Order PL 422), § 308-12-081, filed 2/2/83.

Wash. Admin. Code § 308-12-085 Does my business need to register with the board?

If your business offers architectural services in Washington state, you must apply for and be granted a certificate of authorization from the board.

(1) To apply for a certificate of authorization, register your business with the master license service by submitting:

(a) The certificate of authorization application and fee. The application fee is not refundable.

(b) A certified copy of a resolution, if a corporation, or a formal statement naming the designated architect(s) of your business. In lieu of a certified copy of the resolution, the board will accept a formal statement in a documented format provided by the board.

(2) The designated architect(s):

(a) Is responsible for the practice of architecture by your business and provides the full authority to make all final architectural decisions on behalf of your business with respect to work performed by your business in Washington.

(b) Is responsible for the practice of architecture by your business and must be regularly employed in the office having direct knowledge and supervisory control of such work.

(3) If your business changes designated architects, you must notify the board on a form provided by the board of the new designated architect within thirty days of the effective date of the change.

(4) Your architect certificate of authorization renewal is due annually. The expiration date is the same as your renewal date for your business registration from Washington's secretary of state's office or department of licensing's master licensing service. The department will send a courtesy renewal notice.

(5) You must notify the board in writing of any address changes.

History

Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-085, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.08.340. WSR 02-11-082, § 308-12-085, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 18.08.420. WSR 87-19-095 (Order PM 676), § 308-12-085, filed 9/17/87. Statutory Authority: 1985 c 37 § 5. WSR 85-21-065 (Order PL 560), § 308-12-085, filed 10/17/85.

Wash. Admin. Code § 308-12-205 Architect fees.

The following fees shall be charged by the business and professions division of the department of licensing:

| Title of Fee | Fee | | | --- | --- | --- | | Examination application | $105.00 | | | Reciprocity application | 410.00 | | | Initial licensure | 104.00 | | | License renewal (2 years) | 109.00 | | | Late renewal fee | 36.00 | | | License print fee | 5.00 | | | Business entities: | | | | | Certificate of authorization | 292.00 | | | Certificate of authorization renewal | 146.00 |

History

Statutory Authority: RCW 43.24.086. WSR 22-24-037, § 308-12-205, filed 11/30/22, effective 12/31/22. Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-205, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 15-15-034, § 308-12-205, filed 7/8/15, effective 8/8/15. Statutory Authority: RCW 18.220.040 and 43.24.086. WSR 13-16-018, § 308-12-205, filed 7/26/13, effective 8/26/13. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, amended and recodified as § 308-12-205, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.08.430 (1) and (2), 43.24.086 and 43.24.140. WSR 99-08-062, § 308-12-326, filed 4/2/99, effective 5/3/99. Statutory Authority: RCW 43.24.086. WSR 98-12-064, § 308-12-326, filed 6/1/98, effective 7/2/98. Statutory Authority: RCW 43.24.086. WSR 97-13-095, § 308-12-326, filed 6/18/97, effective 7/19/97. Statutory Authority: RCW 18.03.350. WSR 97-06-064, § 308-12-326, filed 2/27/97, effective 3/30/97. Statutory Authority: RCW 18.08.340 and 18.08.370. WSR 91-13-055, § 308-12-326, filed 6/14/91, effective 7/15/91. Statutory Authority: RCW 43.24.086. WSR 90-03-032, § 308-12-326, filed 1/12/90, effective 2/12/90
WSR 87-10-028 (Order PM 650), § 308-12-326, filed 5/1/87.

Wash. Admin. Code § 308-12-215 How do I renew my license?

The architect license renewal period is two years. Your expiration date is your birthday. You must notify the board in writing of any address changes.

You are responsible for renewing your license regardless of receiving a renewal notice from the department. If you fail to renew your license, your license is delinquent and you are prohibited from offering and/or providing professional architect services until your license is reinstated.

(1) If your license has been delinquent less than two years, send to the department:

(a) A letter requesting reinstatement, including certification of having met current professional development requirements; and

(b) The current renewal fee plus the late fee.

(2) If your license has been delinquent over two years but less than five years, send to the department:

(a) A letter requesting reinstatement, including certification of having met current professional development requirements; and

(b) Payment from the previous renewal cycle, the current renewal fee, and the late fee.

(3) If your license has been delinquent five or more years, send to the department:

(a) A letter of application requesting reinstatement;

(b) Payment from all previous renewal cycles, the current renewal fee, and the late fee;

(d) Evidence of completion of thirty-six PDH within the previous three years. See WAC 308-12-260 for qualifying activities.

(4) If your license has been delinquent five or more years, the board will review all of your reinstatement materials. They may request additional information if necessary.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-215, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, amended and recodified as § 308-12-215, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.96.060. WSR 07-05-040, § 308-12-320, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.08.340. WSR 02-11-082, § 308-12-320, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 18.08.430 (1) and (2), 43.24.086 and 43.24.140. WSR 99-08-062, § 308-12-320, filed 4/2/99, effective 5/3/99. Statutory Authority: RCW 18.03.350. WSR 97-06-064, § 308-12-320, filed 2/27/97, effective 3/30/97. Statutory Authority: RCW 18.08.430. WSR 90-17-097, § 308-12-320, filed 8/21/90, effective 9/21/90. Statutory Authority: RCW 18.08.130. WSR 85-05-010 (Order PL 517), § 308-12-320, filed 2/11/85
WSR 83-04-071 (Order PL 422), § 308-12-320, filed 2/2/83
Order PL 262, § 308-12-320, filed 1/13/77.

Wash. Admin. Code § 308-12-225 How do I obtain retired status?

If you are a licensed architect, you may be eligible to obtain retired status if you are at least age sixty-five and have discontinued active practice. If granted, your ongoing licensing renewal fees and professional development requirements are waived.

(1) To obtain retired status, submit a request in writing to the board office. If the board determines you are eligible, the retired status would become effective on the first scheduled license renewal date that occurs on or after you reach age sixty-five. You do not need to renew an expired license to be eligible for this status. The board will not provide refund of renewal fees if the application for retired status is made and granted before the expiration date of the license.

(2) Privileges. In addition to the waiver of the renewal fee, as a retired licensee, you are permitted to:

(a) Retain the board-issued wall certificate of licensure;

(b) Use the title "architect," provided you also use the term "retired," the abbreviation "ret," "emeritus architect," or similar language in written or verbal communications to indicate you are no longer in active practice;

(c) Provide experience verifications and references for persons seeking licensure under chapter 18.08 RCW. If using your professional seal, you must place the word "retired" or "emeritus" after your signature;

(d) Provide services as a technical expert before a court, or in preparation for pending litigation, on matters directly related to architectural work you performed before you were granted retired status;

(e) Serve in an architectural capacity as a "good Samaritan," as set forth in RCW 38.52.195 and 38.52.1951, provided said work is otherwise performed in accordance with chapter 18.08 RCW.

(3) Restrictions. As a retired licensee, you are not permitted to:

(a) Perform any architectural activity, as provided for in chapter 18.08 RCW, unless said activity is under the direct supervision of a Washington state licensed architect who has an active license in the records of the board;

(b) Apply your professional stamp, as provided for in RCW 18.08.370, to any drawing, specification, or report, except as provided for in subsection (2)(c) of this section.

(4) Certificate of licensure reinstatement. As a retired licensee, you may resume active architectural practice upon written request to the board and payment of the current renewal fee. At that time, you shall be removed from retired status and placed on active status in the records of the board. All rights and responsibilities of an active license status will be in effect. At the date of expiration of the reinstated certificate of licensure, you may choose to either continue active licensure or may again apply for retired status in accordance with the provisions of this chapter.

(5) Exemptions. Under no circumstances shall you be eligible for a retired licensure if your certificate of licensure has been revoked, surrendered, or in any way permanently terminated by the board under chapter 18.08 RCW. If you have been suspended from practice and/or are subject to terms of a board order at the time you reach age sixty-five, you shall not be eligible for retired status until such time that the board has removed the restricting conditions.

History

Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-225, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-235 How do I withdraw from active practice?

You can withdraw from active practice by requesting in writing your license be placed on either inactive or retired status. Your license must be in good standing before you can request it be placed in inactive status. See WAC 308-12-225 for information about obtaining retired status.

Under inactive status, you are not permitted to perform any architectural activity, as provided for in RCW 18.08.320, unless said activity is under the direct supervision of a Washington state licensed architect who has an active license in the records of the board.

History

Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-235, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-240 How do I reactivate my inactive license?

(1) If you are returning to active status from less than five years of inactive status, send to the department:

(a) A letter of application requesting reactivation;

(b) The current renewal fee;

(c) Evidence of completion of twenty-four PDH within the previous two years. See WAC 308-12-260 for qualifying activities.

(2) If you are returning to active status after five years of inactive status, send to the department:

(a) A letter of application requesting reinstatement;

(b) The current renewal fee plus the late fee;

(d) Evidence of completion of thirty-six PDH within the previous three years. See WAC 308-12-260 for qualifying activities.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-240, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-240, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.08.340. WSR 02-11-082, § 308-12-240, filed 5/14/02, effective 6/14/02
WSR 97-03-121, § 308-12-240, filed 1/21/97, effective 2/21/97.

Wash. Admin. Code § 308-12-250 Do I need ongoing professional development to maintain my license?

(1) To maintain active practice, you must accumulate twenty-four professional development hours (PDH) for the upcoming two-year renewal period.

(2) The PDH you accumulate are subject to audit by the board.

(3) Up to twelve PDH over the required hours can be carried forward from the second year of your previous renewal period.

(4) Professional development equivalents:

(a) One professional development hour (PDH) is equal to no less than fifty minutes of instruction.

(b) For professional development through an institution of higher education:

(i) One semester hour equals forty-five PDH.

(ii) One quarter hour equals thirty PDH.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-250, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-250, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-260 What activities qualify as professional development?

(1) You are responsible to seek out qualifying activities that can be demonstrated to the board as relevant to professional development.

(a) Activities are not preapproved by the board.

(b) Activities must be relevant to the practice of architecture and may include technical, ethical or managerial content.

(i) At least sixteen PDH must address public health, safety and welfare.

(ii) All activities must have a clear purpose and objective that will maintain, improve or expand skills and knowledge relevant to the practice of architecture.

(2) The board is the final authority with respect to claimed qualifying activities and the respective PDH credit.

(3) The qualifying activity becomes eligible for credit upon completion of the given activity.

(4) Examples of qualifying activities:

| Sample Activities (one PDH is equal to no less than fifty minutes of activity) | Maximum Per Renewal Cycle | | | --- | --- | --- | | One hour of preparation and subsequent presentation per subject of a professional development program at seminars, professional/technical meetings, conventions or conferences. This credit does not apply to full-time faculty. | 16 PDH | | | For publication or presentation of an authored technical paper or article. | 8 PDH | | | For publication or presentation of an authored book. | 8 PDH | | | Serving as an elected officer or appointed member for one of the following: | 8 PDH | | | • | A committee in a professional society or organization; | | | • | A professional board or commission; | | | • | A regulatory board for the practice of architecture. | | | Up to four PDH shall be earned upon the completion of each year of service per organization. | | | | Professional examination grading or writing: Serving as an exam grader or on a committee writing exam materials for a professional licensure examination. | 8 PDH | | | One hour of attendance at meetings or hearings of the board. This credit does not apply to existing board members or to parties or witnesses in hearings before the board. | 8 PDH | | | One hour of work, outside normal duties of employment that involves participation in other recognized professional activities. | 4 PDH | | | One hour of self-study relevant to the practice of architecture. | 8 PDH | | | One hour of participation in organized courses relevant to the practice of architecture, including those provided by your employer, trade organizations, technical or professional societies, or the board. | No limit | | | One hour of attendance at professional or technical society meetings with an informational program. | 8 PDH | | | Pro bono service that has a clear purpose and objective and maintains, improves, or expands the professional knowledge or skill of the registrant. Four hours of service is equal to one PDH. | 8 PDH | | | One hour of participation in an activity involving substantial and organized peer interaction, excluding time spent during regular employment. | 8 PDH | |

(5) The following activities do not qualify as professional development:

(a) Activities that were conditions of a board order;

(b) Attendance or testimony at legislative hearings, at city or county council meetings/hearings, or at civil or criminal trials;

(d) Attendance at gatherings that are primarily social in nature;

(e) Membership and/or attendance in service club meetings.

History

Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-260, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-270 How do I record and report my professional development activities?

In order to renew your license, you must attest to having completed the required professional development hours for that renewal period.

(1) You must maintain the records of your professional development activities. The records must include the date of the activity, the provider's name (if any), a description of activity and its location and the number of PDH.

(2) The board will audit a random sample of licensees applying for renewal. If you are selected for an audit, the board will provide instructions about how to respond.

(3) You may face disciplinary action for failing to complete your professional development requirement or falsifying your records.

(4) If an audit disqualifies credits that you reported to the board and results in you failing to complete the PDH requirements, the board may require the shortage to be made up over a period of time established by the board.

(5) It is recommended that you keep your records for a period of ten years.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-270, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-270, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-290 Are there any exemptions from the professional development requirement?

(1) The board may waive the professional development requirement under the following circumstances. The waiver would only be in effect for the current renewal period. If your professional development is audited, the board will require documentation of:

(a) Physical disability, prolonged illness, or other extenuating circumstances that pose a personal hardship, as determined by the board.

(b) Active military duty for at least one hundred twenty days.

(2) You are exempted from the professional development requirements if you withdraw from active practice and place your license in inactive or retired status.

History

Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-290, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-330 What are the standards of professional practice?

(1) Competence.

(a) When practicing architecture, you must act with reasonable care and competence, and must apply the technical knowledge and skill which is ordinarily applied by architects of good standing, practicing in the same locality and similar type projects.

(b) When designing a project, you must take into account all applicable state and municipal building laws and regulations. You may rely on the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such regulations. You must not knowingly design a project in violation of such laws and regulations.

(c) You must perform professional services only when you, together with those you may engage as consultants, are qualified by education, training, and experience in the specific technical areas involved.

(2) Conflict of interest.

(a) You must not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to in writing by all interested parties.

(b) You must fully disclose in writing to your client or employer the nature of any business association or direct or indirect financial interest which is substantial enough to influence your judgment in connection with the performance of professional services. If your client or employer objects to such association or financial interest, you must either terminate such association or interest or offer to give up the commission or employment.

(c) You must not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.

(d) When acting as the interpreter of building contract documents and the judge of contract performance, you must render decisions impartially, favoring neither party to the contract.

(3) Full disclosure.

(a) You must disclose any compensation received for making public statements on architectural questions.

(b) You must accurately represent qualifications and scope of responsibility to prospective or existing clients or employers for work for which you are claiming credit.

(c) In the course of work on a project, if you become aware of a decision made by your employer or client, against your advice, which violates applicable state or municipal building laws and regulations and which will, in your judgment, materially and adversely affect the safety to the public of the finished project:

(i) You must report the decision to the local building inspector or other public official charged with the enforcement of the applicable state or municipal building laws and regulations, refuse to consent to the decision, and terminate services on the project when you reasonably believe decisions will be made against your objection.

(ii) You must not deliberately make a materially false statement or deliberately fail to disclose a material fact in connection with your application for registration or renewal.

(iii) You must not assist a person in applying for registration when you know the applicant is unqualified in education, training, experience, or character.

(iv) If you possess knowledge of a violation of these rules by another architect, you must report such knowledge to the board.

(4) Compliance with laws.

(a) You must not, in the conduct of architectural practice, knowingly violate any state or federal criminal law.

(b) You must not offer or make any payment or gift to a government official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which you are interested.

(5) Professional conduct.

(a) An office maintained for the purpose of providing architectural services must have an architect resident regularly employed in that office with direct knowledge and supervisory control of such work.

(b) You must not engage in conduct involving fraud or wanton disregard of the rights of others.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-330, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-330, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.08.340. WSR 02-11-082, § 308-12-330, filed 5/14/02, effective 6/14/02.

Wash. Admin. Code § 308-12-335 When can I call myself an architect if I don't have a Washington license?

You can use the title "architect" without an active Washington license when you are identifying your profession under the following circumstances:

(1) You are a United States government employee or officer engaged in architectural activities solely for said government and you are currently licensed in any U.S. jurisdiction.

(2) You are an instructor at an accredited architectural degree program in architecture engaged solely in teaching activities and you are currently licensed in any U.S. jurisdiction.

(3) You are offering to practice architecture as defined in RCW 18.08.310(2), including participation in design competition.

History

Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-335, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-340 How do I apply the exemptions contained in RCW 18.08.410?

For the purposes of clarifying the exemptions to licensing contained in RCW 18.08.410, the following brief summaries and definitions apply:

(1) RCW 18.08.410(5) grants exemption for any person to design and prepare construction documents for any residential building, regardless of area, up to but not greater than four dwelling units; or a farm building; or a structure as described in RCW 18.08.410(5).

(2) RCW 18.08.410(6) grants exemption for any person to design a building of any occupancy for up to a total building size of four thousand square feet.

(3) RCW 18.08.410(7) grants exemption for any person to design and prepare construction documents for alteration of, or repairs to, a project not greater than four thousand square feet in a building greater than four thousand square feet and when the contemplated work does not affect life safety or structural systems. The combined square footage of simultaneous projects allowances under this section shall not exceed four thousand square feet.

(4) Life safety is affected if the work contemplated includes, but is not limited to:

(a) Alteration of any fire rated construction;

(b) Alteration of any means of egress including barrier free provisions defined by the building codes;

(5) Project size is defined as the cumulative square footage of all spaces that contain altered construction in the design under consideration.

(6) Simultaneous projects are projects which have an open permit in the same building, designed or prepared by nonarchitects, the total of which may not exceed four thousand square feet.

History

Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, § 308-12-340, filed 5/9/11, effective 7/1/11.

Wash. Admin. Code § 308-12-345 Brief adjudicative proceedings.

(1) The board will conduct brief adjudicative proceedings as provided for in RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act.

(2) Brief adjudicative proceedings may be used to determine the following issues including, but not limited to:

(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;

(b) Whether an applicant is eligible to sit for a professional licensing examination;

(d) Whether an applicant meets minimum requirements for an initial or renewal application;

(e) Whether an applicant or licensee failed to cooperate in an investigation by the department;

(f) Whether an applicant or licensee was convicted of a crime that disqualifies the applicant or licensee from holding the specific license sought or held;

(g) Whether an applicant or licensee has violated the terms of a final order issued by the board or the board's designee;

(h) Whether a person has engaged in false, deceptive, or misleading advertising; or

(i) Whether a person has engaged in unlicensed practice.

History

Statutory Authority: RCW 18.08.340. WSR 21-01-127, § 308-12-345, filed 12/15/20, effective 1/15/21. Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-12-345, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, recodified as § 308-12-345, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.96.060. WSR 07-05-040, § 308-12-180, filed 2/15/07, effective 3/18/07.

Wash. Admin. Code § 308-12-350 Records required for the brief adjudicative proceeding.

The records for the brief adjudicative proceeding shall include:

(1) Renewal or reinstatement of a license:

(a) All correspondence between the applicant and the board about the renewal or reinstatement;

(b) Copies of renewal notice(s) sent by the department of licensing to the licensee;

(c) All documents received by the board from or on behalf of the licensee relating to information, payments or explanations that have been provided to the board.

(2) Applicants for certification/licensing:

(a) Original complete application with all attachments as submitted by applicant;

(b) Copies of all supplementary information related to application review by staff or board member;

(d) All correspondence between the applicant and the board about the application or the appeal.

(3) Determination of compliance with previously issued board order:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and

(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-12-350, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.08.340 and 43.24.086. WSR 11-11-019, recodified as § 308-12-350, filed 5/9/11, effective 7/1/11. Statutory Authority: RCW 18.96.060. WSR 07-05-040, § 308-12-190, filed 2/15/07, effective 3/18/07.

Chapter 308-13 Board of licensure for landscape architects.

Wash. Admin. Code § 308-13-005 Definitions.

(1) "CLARB" means the National Council of Landscape Architectural Registration Boards, of which the Washington board is a member.

(2) "Entire examination" as referred to in RCW 18.96.090 means the written and graphic examination approved by the board.

(3) "Examination" or "L.A.R.E." means the Landscape Architect Registration Examination for landscape architects.

(4) "Institution of higher education" as used in RCW 18.96.070 means a college or school recognized by the Landscape Architectural Accreditation Board (LAAB) as having accredited programs in landscape architecture.

(5) Professional development equivalents:

(a) One professional development hour (PDH) is equal to no less than fifty minutes of instruction.

(b) One continuing education unit (CEU) is equal to ten PDHs.

(i) One semester hour equals forty-five PDHs.

(ii) One quarter hour equals thirty PDHs.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-005, filed 6/2/10, effective 7/3/10
WSR 02-07-047, § 308-13-005, filed 3/14/02, effective 4/14/02
WSR 96-10-013, § 308-13-005, filed 4/19/96, effective 5/20/96
WSR 85-04-029 (Order PL 511), § 308-13-005, filed 1/31/85.

Wash. Admin. Code § 308-13-010 What does the state board of licensure do?

The Washington state board of licensure for landscape architects, hereinafter called the board, will hold quarterly regular public meetings each year.

At its regular meeting during the second quarter of the calendar year, the board shall elect a chair, a vice chair, and a secretary for the upcoming year. The secretary may delegate his or her responsibilities in all or in part to the executive director.

The board shall:

(1) Determine the qualifications for examination.

(2) Review applications to determine eligibility for licensure by applicants who do not have a degree, referring qualified candidates to CLARB for administration of the examination.

(3) Review and act on applications for licensure by reciprocity.

(4) Provide application instructions for reissuance of license to persons whose license has been suspended or revoked in accordance with RCW 18.96.120, 18.96,180, 18.96.190 and chapter 18.235 RCW.

(5) Provide reinstatement instructions to persons whose license is delinquent in accordance with RCW 18.96.110.

(6) Provide guidelines for qualifying professional development activities.

(7) Audit and enforce professional development activities.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-010, filed 6/2/10, effective 7/3/10
WSR 08-22-027, § 308-13-010, filed 10/28/08, effective 11/28/08
WSR 85-04-029 (Order PL 511), § 308-13-010, filed 1/31/85
WSR 80-05-141 (Order PL-343), § 308-13-010, filed 5/7/80
Order 2472, § 308-13-010, filed 12/16/69.

Wash. Admin. Code § 308-13-013 What are the board member rules of conduct?

(1) When a member of the board either owns a beneficial interest in or is an officer, agent, employee, or member of an entity, or individual which is engaged in a transaction involving the board, the member shall:

(a) Recuse oneself from the board discussion regarding the specific transaction;

(b) Recuse oneself from the board vote on the specific transaction; and

(c) Refrain from attempting to influence the remaining board members in their discussion and vote regarding the specific transaction.

(2) The prohibition against discussion and voting set forth in subsection (1)(a) and (c) of this section shall not prohibit the member of the board from using his or her general expertise to educate and provide general information on the subject area to the other members.

(3)(a) "Transaction involving the board" means a proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other similar matter that the member in question believes, or has reason to believe:

(i) Is, or will be, the subject of board action; or

(ii) Is one to which the board is or will be a party; or

(iii) Is one in which the board has a direct and substantial proprietary interest.

(b) Does not include the following: Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by a member; or a claim, case, lawsuit, or similar matter if the member did not participate in the underlying transaction involving the board that is the basis for the claim, case, or lawsuit. Rule making is not a "transaction involving the board."

(4) "Board action" means any action on the part of the board, including, but not limited to:

(a) A decision, determination, finding, ruling, or order; and

(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.

(5) The following are examples of possible scenarios related to board member rules of conduct.

(a) EXAMPLE 1:

The board of licensure for landscape architects disciplines licensed landscape architects in Washington. The board is conducting an investigation involving the services provided by a licensed landscape architect. One of the members of the board is currently serving a subcontractor to that landscape architect on a large project. The board member must recuse himself or herself from any board investigation, discussion, deliberation and vote with respect to disciplinary actions arising from licensed landscape architect services.

(b) EXAMPLE 2:

The board of licensure for landscape architects makes licensing decisions on applications for licensure. An applicant for licensure owns a school construction business which employs licensed landscape architects, including one of the board members. The board member must recuse himself or herself from any board investigation, discussion, deliberation and vote with respect to his or her employer's application for licensure.

The board of licensure for landscape architects makes licensing decisions on applications from licensed landscape architects in another state or territory of the United States, the District of Columbia, or another country. The board can grant licensure if that individual's qualifications and experience are equivalent to the qualifications and experience required of a person registered under Washington law. An out-of-state applicant is employed as a landscape architect by a multinational corporation that is planning to build its world headquarters in Washington and has hired a board member's firm as the landscape architect for the project. The board member must recuse himself or herself from any board investigation, discussion, deliberation and vote with respect to the sufficiency of the out-of-state landscape architect's qualifications and experience.

(6) Recusal disclosure. If recusal occurs pursuant to subsection (1) of this section, the member of the board shall disclose to the public the reasons for his or her recusal from any board action whenever recusal occurs. The board staff shall record each recusal and the basis for the recusal.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, amended and recodified as § 308-13-013, filed 6/2/10, effective 7/3/10
WSR 07-05-039, § 308-13-180, filed 2/15/07, effective 3/18/07.

Wash. Admin. Code § 308-13-020 How do I get a license?

You need to fulfill three general requirements before getting your license: Education, examination, and experience.

The board adopts the CLARB's "Standards of Eligibility for Council Certification" as the standard for the education and experience requirements for applicants with a degree. The board does not require a CLARB council certificate for licensure.

Subject to the provisions of RCW 18.96.090, the board adopts the landscape architectural registration examination and grading procedure prepared by CLARB as the state examination for licensure. CLARB will administer the entire examination for Washington candidates, and will collect examination and reexamination fees accordingly.

(1) To register for the examination.

(a) If you have a degree:

(i) Apply directly to CLARB. Your materials will be evaluated using CLARB's "Standards of Eligibility for CLARB Test Center Candidates."

(ii) Contact CLARB to register for the Landscape Architect Registration Examination (LARE).

(iii) CLARB will register you and administer the exam. You will pay the fees for examination and reexamination directly to CLARB.

(b) If you do not have a degree:

(i) You must have a high school diploma or equivalent and at least eight years practical landscape architectural work experience.

(A) At least six years of work experience must be under the direct supervision of a licensed landscape architect.

(B) The remaining two years can be any combination of the following as approved by the board:

(I) Postsecondary education courses in landscape architecture, landscape architectural technology or a related field, if the courses are equivalent to education courses in an accredited landscape architectural degree program.

With a passing grade, thirty-two semester credit hours or forty-five quarter hours is considered to be one year. Any fraction, one-half year or greater, will be counted one-half year, and less than one-half year will not be counted.

(II) Work experience in landscape design as a principal activity.

(I) At least thirty-five hours per week for at least two continuous months - 100%.

(II) At least twenty hours per week for at least four continuous months - 50%.

(ii) Submit the following to the board office:

(A) The board's official application form and application fee. The application fee is not refundable.

(B) Evidence of your qualifications and experience as shown by:

(I) National certification from CLARB, sent directly to the Washington board office from CLARB; or

(II) The following materials:

• An official sealed transcript showing any applicable courses you have taken from a community college, technical college, or university. The transcript must be sent directly from the college or university to the board office.

• Verification by at least two licensed landscape architects who have reviewed and provided written acknowledgment of your work.

(iii) If your application is approved, it will be sent to CLARB and CLARB will register you and administer the exam. You will pay the fees for examination and reexamination directly to CLARB.

(2) To obtain a license, submit the following to the board office:

(a) If you have a degree:

(i) The board's official application form with the application fee. The application fee is not refundable;

(ii) Evidence of your qualifications and experience as shown by:

(A) National certification from CLARB, sent directly to the Washington board office from CLARB; or

(B) The following materials:

(I) Verification of successful completion of the exam; and

(II) Statements of previous employers covering full-time employment for a minimum of three years of diversified experience in landscape architecture based on CLARB's Standards of Eligibility for Council Certification;

(iii) The initial license fee;

(iv) A written review of laws related to the practice of landscape architecture as outlined in WAC 308-13-031;

(b) If you don't have a degree:

(i) Evidence of your qualifications and experience as shown by:

(A) National certification from CLARB, sent directly to the Washington board office from CLARB; or

(B) Verification of successful completion of the exam;

(ii) The initial license fee;

(iii) A written review of laws related to the practice of landscape architecture as outlined in WAC 308-13-031.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-020, filed 6/2/10, effective 7/3/10
WSR 07-05-039, § 308-13-020, filed 2/15/07, effective 3/18/07
WSR 02-07-047, § 308-13-020, filed 3/14/02, effective 4/14/02
WSR 93-16-009, § 308-13-020, filed 7/22/93, effective 8/22/93. Statutory Authority: RCW 18.96.060 and 18.96.070. WSR 88-05-025 (Order PM 707), § 308-13-020, filed 2/12/88. Statutory Authority: RCW 18.96.060. WSR 85-04-029 (Order PL 511), § 308-13-020, filed 1/31/85
Order PL 246, § 308-13-020, filed 4/26/76
Order 2472, § 308-13-020, filed 12/16/69.

Wash. Admin. Code § 308-13-031 Law review.

When you successfully complete the licensing examination, you must then satisfactorily complete the review of laws related to the practice of landscape architecture as determined by the board.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-031, filed 6/2/10, effective 7/3/10.

Wash. Admin. Code § 308-13-050 How can I get a license through reciprocity?

If you hold an active landscape architect license in another state or country, you can apply for a Washington license if your qualifications and experience meet the following criteria:

• If you have a degree, your qualifications will be evaluated using CLARB's Standard of Eligibility for Council Certification.

• If you do not have a degree, your qualifications and experience must be comparable to WAC 308-13-020.

Submit to the board office:

(1) The board's official application form and reciprocity application fee. The application fee is not refundable;

(2) The initial license fee;

(3) A written review of laws related to the practice of landscape architecture as outlined in WAC 308-13-031;

(4) Evidence of your qualifications and experience as shown by:

(a) National certification from CLARB, sent directly to the Washington board office from CLARB; or

(b) The following materials:

(i) Certification from the state of licensure, verifying you hold an active license and have successfully passed the national licensure exam. This certification must be sent directly from the issuing state to the Washington board office;

(ii) An official sealed transcript showing any applicable courses you have taken from a community college, technical college, or university. The transcript must be sent directly from the college or university to the board office; and

(iii) Verification of work experience as outlined in WAC 308-13-020 (1)(b).

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-050, filed 6/2/10, effective 7/3/10
WSR 02-07-047, § 308-13-050, filed 3/14/02, effective 4/14/02
WSR 96-10-013, § 308-13-050, filed 4/19/96, effective 5/20/96
WSR 85-04-029 (Order PL 511), § 308-13-050, filed 1/31/85
Order PL 206, § 308-13-050, filed 11/5/75
Order PL 169, § 308-13-050, filed 6/19/74
Order PL-135, § 308-13-050, filed 11/13/72
Order 2472, § 308-13-050, filed 12/16/69.

Wash. Admin. Code § 308-13-055 Do I need a stamp or seal?

If you were issued your initial license on or after January 1, 2017, you must have a seal/stamp of the design authorized by the board, bearing your name, license number and the legend "Licensed landscape architect, state of Washington." The size of the seal/stamp may be adjusted provided it remains readable. Other deviations are not allowed. Examples of the board-authorized seal/stamp appear below.

If you were licensed before January 1, 2017, you may continue to use your existing registration stamp.

| | | --- |

(1) Your seal/stamp must include your signature and your license expiration date.

(2) You must seal/stamp the following:

(a) All technical submissions required for building permits, regulatory approvals and/or construction drawings that are filed with authorities having jurisdiction;

(b) Drawings prepared by you on each sheet;

(c) Specifications and other technical submissions need only be sealed/stamped on the cover, title page, and all pages of the table of contents.

(3) Your seal/stamp shall not be affixed to any drawings not prepared by you or your regularly employed subordinates, or not reviewed by you. If you seal/stamp drawings or specifications that you have reviewed, you shall be responsible to the same extent as if those drawings or specifications were prepared by you.

Without exception, these sealing/stamping requirements for landscape architects shall apply to all work prepared or supervised by the landscape architect.

(4) The terms "signature" or "signed" as used in chapter 18.96 RCW and this chapter, shall mean the following:

(i) Original and written by hand, or a scanned image of an original, handwritten identification;

(ii) Permanently affixed to the document(s) being certified;

(iii) Applied to the document by the identified licensee; and

(iv) Placed adjacent to the seal/stamp of the licensee.

(i) Unique to the licensee using it;

(ii) Capable of independent verification;

(iii) Under the exclusive control of the licensee using it;

(iv) Linked to a document in such a manner that the digital identification is invalidated if any data in the document is changed.

History

Statutory Authority: RCW 18.96.060 and 18.96.150. WSR 17-01-169, § 308-13-055, filed 12/21/16, effective 1/21/17. Statutory Authority: RCW 18.96.060. WSR 10-12-116, amended and recodified as § 308-13-055, filed 6/2/10, effective 7/3/10
WSR 08-22-027, § 308-13-011, filed 10/28/08, effective 11/28/08.

Wash. Admin. Code § 308-13-065 What are the standards of practice and conduct?

(1) Competence.

(a) In practicing landscape architecture, you shall act with reasonable care and competence and shall apply the technical knowledge and skill that is ordinarily applied by landscape architects of good standing practicing in the same locality.

(b) In designing a project, you shall take into account all applicable construction laws, zoning codes and other applicable laws or regulations. You shall not knowingly design a project in violation of such laws and regulations.

(c) You shall perform professional services only when you, together with those whom you engage as consultants, are qualified by education, training and experience in the specific technical areas involved.

(2) Conflict of interest.

(a) You shall not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to in writing by all interested parties.

(b) If you have any business association or direct or indirect financial interest that is substantial enough to influence your judgment in connection with the performance of professional services, you shall fully disclose this in writing to the client or employer. If your client or employer objects to such association or financial interest, you shall either terminate such association or interest or offer to give up the commission or employment.

(c) You shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.

(d) When acting as the interpreter of landscape contract documents and the judge of contract performance, you shall render decisions impartially, favoring neither party to the contract.

(3) Full disclosure.

(a) You shall disclose whenever you are being compensated for making public statements concerning landscape architectural issues.

(b) You shall accurately represent to a prospective or existing client or employer your qualifications and clearly define the scope of your responsibility in connection with work for which you are claiming responsibility.

(c) If you become aware of a decision made by your employer or clients against your advice that violates applicable construction laws, zoning codes or other applicable regulations and that will, in your judgment, materially and adversely affect the public health, safety and welfare, you shall:

(i) Report the decision to the local authorities or other public official charged with the enforcement of such laws and regulations;

(ii) Refuse to consent to the decision; and

(iii) In circumstances where you reasonably believe that other such decisions will be made notwithstanding your objection, then you shall terminate services with reference to the project. In the case of a termination in accordance with (3)(c)(iii) of this section, you shall have no liability to the client on account of such termination.

(d) You shall not deliberately make a materially false statement or deliberately fail to disclose a material fact requested in connection with an application for licensure or renewal.

(e) You shall not assist in the application for licensure of a person known by you to be unqualified in respect to education, examination, experience or character.

(4) Compliance with laws.

(a) You shall not, in the practice of landscape architecture, knowingly violate any criminal law.

(b) You shall neither offer nor make any payment or gift to any governmental official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which you are interested.

(5) Professional conduct. You shall neither offer nor make any gifts, other than gifts of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which you are interested.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, amended and recodified as § 308-13-065, filed 6/2/10, effective 7/3/10
WSR 08-22-027, § 308-13-012, filed 10/28/08, effective 11/28/08.

Wash. Admin. Code § 308-13-150 Fees.

The following fees will be collected:

| Title of Fee | Fee | | --- | --- | | Application fee | $328.00 | | Renewal (2 years) | 590.00 | | Late renewal penalty | 197.00 | | License print fee | 5.00 | | Initial license (2 years) | 590.00 | | Reciprocity application fee | 590.00 | | Replacement wall certificate | 20.00 |

You will submit any examination fees directly to CLARB.

History

Statutory Authority: RCW 43.24.086. WSR 22-24-038, § 308-13-150, filed 11/30/22, effective 12/31/22. Statutory Authority: Chapter 18.96 RCW and RCW 43.24.086. WSR 12-12-034, § 308-13-150, filed 5/30/12, effective 7/1/12. Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-150, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 18.96.080, 18.96.090, 18.96.100, 18.96.110, 43.24.086. WSR 09-15-124, § 308-13-150, filed 7/17/09, effective 8/17/09. Statutory Authority: RCW 18.96.060. WSR 07-05-039, § 308-13-150, filed 2/15/07, effective 3/18/07. Statutory Authority: RCW 18.96.080 and 43.24.086. WSR 05-17-004, § 308-13-150, filed 8/3/05, effective 9/3/05
WSR 05-04-050, § 308-13-150, filed 1/28/05, effective 2/28/05
WSR 04-17-026, § 308-13-150, filed 8/9/04, effective 9/9/04
WSR 03-11-074, § 308-13-150, filed 5/20/03, effective 6/20/03
WSR 02-16-018, § 308-13-150, filed 7/26/02, effective 8/26/02. Statutory Authority: RCW 18.96.060 and 43.24.086. WSR 01-15-034, § 308-13-150, filed 7/12/01, effective 8/12/01
WSR 01-04-002, § 308-13-150, filed 1/25/01, effective 2/25/01
WSR 99-23-025, § 308-13-150, filed 11/9/99, effective 11/9/99. Statutory Authority: RCW 18.96.080 and 43.24.086. WSR 96-11-132, § 308-13-150, filed 5/22/96, effective 6/22/96
WSR 95-20-026, § 308-13-150, filed 9/27/95, effective 10/28/95. Statutory Authority: RCW 43.24.086. WSR 94-23-031, § 308-13-150, filed 11/8/94, effective 12/9/94. Statutory Authority: RCW 18.96.080. WSR 94-04-044, § 308-13-150, filed 1/27/94, effective 2/27/94. Statutory Authority: RCW 43.24.086 and 18.96.080. WSR 91-23-021, § 308-13-150, filed 11/8/91, effective 12/9/91
WSR 90-15-039, § 308-13-150, filed 7/13/90, effective 8/13/90. Statutory Authority: RCW 43.24.086. WSR 90-03-031, § 308-13-150, filed 1/12/90, effective 2/12/90
WSR 88-04-027 (Order PM 702), § 308-13-150, filed 1/26/88. Statutory Authority: 1983 c 168 § 12. WSR 83-17-031 (Order PL 442), § 308-13-150, filed 8/10/83. Formerly WAC 308-13-120.

Wash. Admin. Code § 308-13-160 How do I renew my license?

The landscape architect license renewal period is two years. Your expiration date is your birthday. The department will send a courtesy renewal to your most recent address on file approximately eight weeks before the license expiration date. The renewal notice will show the due date, the amount of renewal fee, the penalty fee for late payment, professional development notice and other mailing instructions. You must notify the board in writing of any address changes.

You are responsible for renewing your license regardless of receiving a renewal notice from the department. If you fail to renew your license, your license is delinquent and you are prohibited from offering and/or providing professional landscape architect services until your license is reinstated.

(1) If your license has been delinquent less than five years, send to the department:

(a) A letter requesting reinstatement;

(b) Payment from the previous renewal cycle, the current renewal fee, and the late penalty fee;

(2) If your license has been delinquent five or more years, send to the department:

(a) A letter requesting reinstatement;

(b) Payment from the previous renewal cycle, the current renewal fee, and the late penalty fee;

(d) A resume of landscape architectural activities and projects showing you have been working in another jurisdiction since the date of your license expiration;

(e) A detailed explanation of the circumstances surrounding the failure to maintain current licensure;

(f) A review of laws related to the practice of landscape architecture as outlined in WAC 308-13-031.

If your license has been delinquent five or more years, the board will review all of your reinstatement materials. They may request additional information if necessary.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-160, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 18.96.060 and 43.24.086. WSR 99-23-025, § 308-13-160, filed 11/9/99, effective 11/9/99. Statutory Authority: RCW 43.24.086 and 18.96.110. WSR 97-06-065, § 308-13-160, filed 2/27/97, effective 3/30/97. Statutory Authority: RCW 18.96.080. WSR 94-04-044, § 308-13-160, filed 1/27/94, effective 2/27/94. Statutory Authority: RCW 46.24.086 [43.24.086] and 18.96.110. WSR 88-01-022 (Order PM 696), § 308-13-160, filed 12/9/87.

Wash. Admin. Code § 308-13-165 How do I reactivate my inactive license?

(1) If you are returning to active status from less than five years of inactive status, send to the department:

(a) A letter requesting reactivation;

(b) The current renewal fee;

(2) If you are returning to active status after five years of inactive status, send to the department:

(a) A letter requesting reinstatement;

(b) The current renewal fee plus the late penalty fee;

(d) Evidence of completion of twenty-four PDHs. See WAC 308-13-185 for qualifying activities.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-165, filed 6/2/10, effective 7/3/10.

Wash. Admin. Code § 308-13-175 Do I need ongoing professional development to maintain my license?

(1) Starting July 1, 2010, to maintain active practice, you must accumulate twenty-four professional development hours (PDHs) for the upcoming two-year renewal period. Starting July 1, 2012, the PDHs you accumulate are subject to audit by the board.

(2) Up to twelve PDHs over the required hours can be carried forward from the second year of your previous renewal period including hours accumulated from July 1, 2009, forward.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-175, filed 6/2/10, effective 7/3/10.

Wash. Admin. Code § 308-13-185 What activities qualify as professional development?

(1) You are responsible to seek out qualifying activities that can be demonstrated to the board as relevant to professional development.

(a) Activities are not preapproved by the board.

(b) Activities must be relevant to the practice of landscape architecture and may include technical, ethical or managerial content.

(i) At least eighteen PDHs must address public health, safety and welfare.

(ii) All activities must have a clear purpose and objective that will maintain, improve or expand skills and knowledge relevant to the practice of landscape architecture.

(2) The board is the final authority with respect to claimed qualifying activities and the respective PDH credit.

(3) The qualifying activity becomes eligible for credit upon completion of the given activity.

(4) Examples of qualifying activities:

| Activity (1 PDH is equal to no less than 50 minutes of activity) | Maximum PDHs | | --- | --- | | One hour of preparation and subsequent presentation of a professional development program at seminars, professional/technical meetings, conventions or conferences. This credit does not apply to full-time faculty. | 10 PDHs per year | | For publication of an authored technical paper or article. | 10 PDHs | | For publication of an authored book. | 30 PDHs | | Professional boards or commissions: Serving as an elected officer or appointed chair of a committee of an organization in a professional society or organization. PDH shall not be earned until the completion of each year of service. | 4 PDHs per organization | | Boards or commissions related to the practice of landscape architecture: Serving as an elected officer or appointed member of a board or commission. PDH shall not be earned until the completion of each year of service. | 4 PDHs per organization | | Professional examination grading or writing: Serving as an exam grader or on a committee writing exam materials for a professional registration examination. | 8 PDHs per biennium | | Membership on the regulatory board for the practice of landscape architecture. | 8 PDHs per year | | One hour of attendance at meetings or hearings of the board. This credit does not apply to existing board members or to parties or witnesses in hearings before the board. | 6 PDHs per year | | One hour of work, outside normal duties of employment that involves participation in other recognized professional activities. | 2 PDHs per year | | One hour of self-study. | 5 PDHs per year | | One hour of participation in sessions or courses, sponsored by technical or professional societies, organizations or the board. | No limit | | One hour of participation in organized courses, including employer provided courses, on environmental health topics/first aid/safety, technical or management skills. | No limit | | One hour of attendance at professional or technical society meetings with an informational program. | 5 PDHs per year | | Pro bono service that has a clear purpose and objective and maintains, improves, or expands the professional knowledge or skill of the registrant. Four hours of service is equal to 1 PDH. | 4 PDHs per year | | One hour of participation in an activity involving substantial and organized peer interaction, excluding time spent during regular employment. | 5 PDHs per year |

(5) The following activities do not qualify as professional development:

(a) Activities that were conditions of a board order;

(b) Attendance or testimony at legislative hearings, at city or county council meetings/hearings, or at civil or criminal trials;

(d) Attendance at gatherings that are primarily social in nature;

(e) Membership and/or attendance in service club meetings.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-185, filed 6/2/10, effective 7/3/10.

Wash. Admin. Code § 308-13-195 How do I record and report my professional development activities?

(1) You must maintain the records of your professional development activities. The records must include the date of the activity, the instructor's name, a description of activity and its location and the number of PDHs.

(2) You must keep your records for the cumulative time in the current renewal period plus the three years before the last renewal (five years total).

(3) By renewing your professional landscape architect license, you attest you have completed the required professional development for that renewal period.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-195, filed 6/2/10, effective 7/3/10.

Wash. Admin. Code § 308-13-205 How does the board verify I have completed my professional development?

(1) The board will audit between five and fifteen percent of the total number of licensees yearly. If you are selected for an audit, the board will provide instructions about how to respond.

(2) You may face disciplinary action for failing to complete your professional development requirement or falsifying your records.

(3) If an audit disqualifies credits that you reported to the board and results in you failing to complete the PDH requirements, the board may require the shortage to be made up over a period of time established by the board.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-205, filed 6/2/10, effective 7/3/10.

Wash. Admin. Code § 308-13-215 Are there any exemptions from the professional development requirement?

(1) The board may allow a waiver from the professional development requirement only under the following circumstances. The waiver would only be in effect for the current renewal period. The board requires waiver requests to be in writing.

(a) Physical disability, prolonged illness, or other extenuating circumstances that pose a personal hardship, as determined by the board.

(b) Active military duty for at least one hundred twenty days.

(c) If you have been licensed for twenty-five or more consecutive years in a CLARB-recognized jurisdiction, you may meet the professional development requirement upon completing 4 PDHs per year. See WAC 308-13-185 regarding qualifying activities.

(2) You are exempted from the professional development requirements if you withdraw from active practice and place your license in retired status (see WAC 308-13-225) or inactive status (see RCW 18.96.110(2)). Under these statuses, you are not permitted to perform any landscape architectural activity, as provided for in RCW 18.96.030, unless said activity is under the direct supervision of a Washington state licensed landscape architect who has an active license in the records of the board.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-215, filed 6/2/10, effective 7/3/10.

Wash. Admin. Code § 308-13-225 How do I obtain retired status?

If you are a licensed landscape architect you may be eligible to obtain retired status if you are at least the age of sixty-five and have discontinued active practice. If granted, your ongoing licensing renewal fees are waived.

(1) To obtain retired status, submit a request in writing to the board office. If the board determines you are eligible, the retired status would become effective on the first scheduled license renewal date that occurs on or after you reach the age of sixty-five. You do not need to renew an expired license to be eligible for this status. The board will not provide refund of renewal fees if the application for retired status is made and granted before the date of expiration of the certificate of licensure.

(2) Privileges. In addition to the waiver of the renewal fee, as a retired licensee you are permitted to:

(a) Retain the board-issued wall certificate of licensure;

(b) Use the title landscape architect, provided you also use the term "retired," or the abbreviation "ret";

(c) Work as a landscape architect in a volunteer capacity, provided you do not create landscape architectural plans, and do not use your seal, except as provided for in (d) of this subsection;

(d) Provide experience verifications and references for persons seeking registration under chapter 18.96 RCW. If using your professional seal, you must place the word "retired" after your signature;

(e) Serve as a volunteer in an instructional capacity on landscape architectural topics;

(f) Provide services as a technical expert before a court, or in preparation for pending litigation, on matters directly related to landscape architectural work you performed before you were granted retired status;

(g) Serve in a function that supports the principles of licensure and promotes the profession of landscape architecture, such as members of commissions, boards or committees;

(h) Serve in a landscape architectural capacity as a "good samaritan," as set forth in RCW 38.52.195 and 38.52.1951, provided said work is otherwise performed in accordance with chapter 18.96 RCW.

(3) Restrictions. As a retired licensee, you are not permitted to:

(a) Perform any landscape architectural activity, as provided for in RCW 18.96.030, unless said activity is under the direct supervision of a Washington state licensed landscape architect who has an active license in the records of the board;

(b) Apply your professional stamp, as provided for in RCW 18.96.150, to any plan, specification, or report, except as provided for in subsection (2)(d) of this section.

(4) Certificate of licensure reinstatement. As a retired licensee, you may resume active landscape architectural practice upon written request to the board, payment of the current renewal fee, and providing evidence of completion of twenty-four PDHs. See WAC 308-13-185 regarding qualifying activities. At that time, you shall be removed from retired status and placed on active status in the records of the board. All rights and responsibilities of an active license status will be in effect. At the date of expiration of the reinstated certificate of licensure, you may elect to either continue active licensure or may again apply for retired status in accordance with the provisions of this chapter.

(5) Exemptions. Under no circumstances shall you be eligible for a retired registration if your certificate of licensure has been revoked, surrendered, or in any way permanently terminated by the board under chapter 18.96 RCW. If you have been suspended from practice and/or are subject to terms of a board order at the time you reach age sixty-five, you shall not be eligible for a retired status until such time that the board has removed the restricting conditions.

(6) Penalties for noncompliance. Any violations of this section shall be considered unprofessional conduct as defined in RCW 18.235.130 and are subject to penalties as provided for in RCW 18.235.110.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, amended and recodified as § 308-13-225, filed 6/2/10, effective 7/3/10
WSR 07-05-039, § 308-13-170, filed 2/15/07, effective 3/18/07.

Wash. Admin. Code § 308-13-230 Conduct of brief adjudicative proceedings.

(1) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the board chair. The presiding officer for brief adjudicative proceedings shall have agency expertise in the subject matter but shall not have personally participated in the decision to issue the initiating document.

(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.

(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter an initial order.

History

Statutory Authority: RCW 18.96.060. WSR 97-10-026, § 308-13-230, filed 4/30/97, effective 5/31/97.

Wash. Admin. Code § 308-13-240 Reinstatement of suspended certificates, eligibility for registration, or denied renewals.

Where a person's certificate of licensure has been suspended, an applicant has been denied license renewal, or an applicant has been denied the ability to take the examination for certificate of licensure due to nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship, his or her certificate of licensure, license renewal or examination application will be reinstated when the person provides the board 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, provided, the person shall pay any applicable reinstatement or renewal fee.

History

Statutory Authority: RCW 18.96.060. WSR 10-12-116, § 308-13-240, filed 6/2/10, effective 7/3/10
WSR 97-10-026, § 308-13-240, filed 4/30/97, effective 5/31/97.

Wash. Admin. Code § 308-13-250 Brief adjudicative proceedings.

(1) The board will conduct brief adjudicative proceedings as provided for in RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act. Brief adjudicative proceedings may be used whenever a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of chapters 18.96 and 18.235 RCW, administrative rules in Title 308 WAC or any statutes or rules that specifically govern the defined practices of landscape architects. Brief adjudicative proceedings may also be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act.

(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:

(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;

(b) Whether an applicant is eligible to sit for a professional licensing examination;

(d) Whether an applicant meets minimum requirements for an initial or renewal application;

(e) Whether an applicant has failed the professional licensing examination;

(f) Whether an applicant or licensee failed to cooperate in an investigation by the board;

(g) Whether an applicant or licensee was convicted of a crime that disqualifies the applicant or licensee from holding the specific license sought or held;

(h) Whether an applicant or licensee has violated the terms of a final order issued by the board or the board's designee;

(i) Whether a person has engaged in false, deceptive, or misleading advertising; or

(j) Whether a person has engaged in unlicensed practice.

(3) In addition to the situations enumerated in subsection (2) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-13-250, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.96.060. WSR 07-05-039, § 308-13-250, filed 2/15/07, effective 3/18/07.

Wash. Admin. Code § 308-13-260 Records required for the brief adjudicative proceeding.

The records for the brief adjudicative proceeding shall include:

(1) Renewal or reinstatement of a license:

(a) All correspondence between the applicant and the board about the renewal or reinstatement;

(b) Copies of renewal notice(s) sent by the department of licensing to the licensee;

(c) All documents received by the board from or on behalf of the licensee relating to information, payments or explanations that have been provided to the board.

(2) Applicants for certification/licensing:

(a) Original complete application with all attachments as submitted by applicant;

(b) Copies of all supplementary information related to application review by staff or board member;

(d) All correspondence between the applicant and the board about the application or the appeal.

(3) Determination of compliance with previously issued board order:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and

(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-13-260, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.96.060. WSR 07-05-039, § 308-13-260, filed 2/15/07, effective 3/18/07.

Chapter 308-14 Court reporters.

Wash. Admin. Code § 308-14-010 Definitions.

"Character" is a letter, numeral, punctuation mark, control character, blank, or other such symbol.

"Continuing education unit" is defined as sixty minutes of education in a program approved by the department. Units will be recognized in not less than thirty minute increments of time.

"Standard line" is a line that can be determined by looking at a full line of text and counting from the first letter, including punctuation and spaces, to the last letter of that line. The standard line does not include a "Q" or "A," or the numbers on the left side of the page.

History

Statutory Authority: Chapter 18.145 RCW, RCW 43.24.023, and 2010 c 49. WSR 11-01-119, § 308-14-010, filed 12/20/10, effective 7/1/11. Statutory Authority: RCW 18.145.050, 43.24.023. WSR 04-17-072, § 308-14-010, filed 8/13/04, effective 9/13/04.

Wash. Admin. Code § 308-14-085 Examination.

(1) The examination for "court reporter," "shorthand reporter," "certified court reporter," or "certified shorthand reporter" shall be an examination developed, administered, and graded by the department with the advice of the board or any examination prepared by a recognized person (institution, organization, corporation) approved by the department that meets the requirements stated in this regulation.

(2) Recognition of an examination as the Washington certification examination is conditioned upon the examination meeting the following requirements:

(a) Be a timed tape with content, speed, and quality approved by the department with the advice of the board, prior to use;

(b) The examination requires the applicant be able to report and transcribe at least two hundred words per minute of two-voice testimony for five consecutive minutes;

(d) Be offered at least twice a year;

(e) The pass/fail scores of the state certification applicants are provided to the department within four weeks of the date of the examination to include a complete list of all the applicants;

(f) Examinations statistics are supplied following each examination: The number scheduled, passed, failed, and failed to appear;

(g) The procedures for security and confidentiality of the examination and applicants must meet the requirements of the department of licensing; and

(h) The department will be supplied with the examination tape and all the individual examination papers with grading marks and comments on them for review. The department reserves the final authority for examination results. The department may retain the examination papers for thirty days after final determination regarding scores to allow appeals and review of papers. Sixty days after the examination results are released all examination papers will be destroyed, except those under appeal, which will be held until final disposition.

(3) The Washington state statutory examinations which were held April 1990, October 1990, and April 1991, are recognized as the qualifying examinations for state certification as a shorthand or court reporter.

(4) State applicants who have previously passed the Washington state department of licensing recognized examination within three years of application may be issued certification without additional examination if certified documentation of the passed examination is provided.

(5) Applicants who have failed the examination may apply by submission of a reexamination application and the required fee.

History

Statutory Authority: RCW 18.145.050, 43.24.023. WSR 04-22-123, § 308-14-085, filed 11/3/04, effective 12/4/04
WSR 04-17-072, § 308-14-085, filed 8/13/04, effective 9/13/04. Statutory Authority: RCW 18.145.050 and 43.24.020. WSR 91-20-002 and 91-20-044, § 308-14-085, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91. Statutory Authority: RCW 18.145.050. WSR 90-20-008, § 308-14-085, filed 9/20/90, effective 10/21/90.

Wash. Admin. Code § 308-14-090 Application.

Applications for certification must be complete in every detail and submitted with the required fee. The applications for examination must be received at least eight weeks prior to the examination. Complete applications will contain the following information:

(1) Name and address.

(2) Birth date.

(3) Social Security number.

(4) Professional licensure/certification, including any action taken against the license or certificate.

(5) Personal affidavit.

History

Statutory Authority: RCW 18.145.050, 43.24.023. WSR 04-17-072, § 308-14-090, filed 8/13/04, effective 9/13/04. Statutory Authority: RCW 18.145.050 and 43.24.020. WSR 91-20-002 and 91-20-044, § 308-14-090, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91. Statutory Authority: Chapter 18.145 RCW and RCW 43.24.086. WSR 90-10-009, § 308-14-090, filed 4/20/90, effective 5/21/90.

Wash. Admin. Code § 308-14-100 License renewal—Continuing education—Penalties.

(1) Certification must be renewed on or before the expiration date shown on the certificate. The expiration date is the certificate holder's birth date. Effective July 1, 2011, each certified court reporter shall verify they have completed a minimum of five continuing education units annually at renewal in a manner defined by the director. Excess continuing education units from the previous reporting year shall not be carried over. Failure to renew the certificate by the expiration date will result in a penalty fee in an amount determined by the director. Certification may be reinstated for up to three years by payment of all renewal fees and a penalty fee for the period for which the certification had lapsed and documentation of five continuing education units completed in the past year.

(2) Continuing education units shall have direct relevance to the professional development of the certified court reporter. The program must be led by an instructor, be interactive, and involve assessment or evaluation. Approved programs include, but are not limited to, the following:

(a) Language skills:

(i) English or a foreign language;

(ii) American Sign Language;

(iii) Grammar;

(iv) Punctuation;

(v) Proofreading;

(vi) Spelling;

(vii) Vocabulary;

(viii) Linguistics, including regional dialects or colloquialisms;

(ix) Etymology;

(x) Word usage.

(b) Academics:

(i) Medical terminology and abbreviations related to any medical or medically related discipline (e.g., anatomy, psychiatry, psychology, dentistry, chiropractic, podiatry);

(ii) Pharmacology;

(iii) Surgical procedures and instruments, with emphasis on terminology and concepts encountered in litigation;

(iv) Pathology and forensic pathology, including DNA and other terminology encountered in litigation;

(v) Legal terminology and etymology;

(vi) Legal research techniques;

(vii) Presentations on various legal specialty areas (e.g., torts, family law, environmental law, admiralty, corporate law, patent law);

(viii) History of legal systems;

(ix) Technical subjects, with emphasis on terminology and concepts encountered during litigation (e.g., construction, accident reconstruction, insurance, statistics, product testing and liability, various engineering fields).

(i) Federal and state rules of civil and criminal procedure and rules of evidence;

(ii) Codes of federal and/or state regulations;

(iii) Presentations on legal proceedings (depositions, trials, federal and state appellate procedure, administrative proceedings, bankruptcy proceedings, workers' compensation proceedings);

(iv) Any changes to (a), (b), and (c) of this subsection as they affect the certified court reporter.

(d) Technology and business practices:

(i) Computer skills;

(ii) Voice recognition technology;

(iii) Videotaping, video conferencing;

(iv) Reporting skills and practices (e.g., readbacks, marking exhibits, administering oaths);

(v) Transcript production, formats, indexing, document management;

(vi) Technological developments related to court reporting, real-time reporting, CART, or captioning;

(vii) Office practices, office management, marketing, accounting, personnel practices, public relations;

(viii) Financial management, retirement planning, estate planning;

(ix) Partnerships, corporations, taxation, insurance.

(e) Professionalism and ethics:

(i) Standards of court reporting practice applicable to individual states or governmental entities;

(ii) Professional comportment and demeanor as it relates to judges, attorneys, fellow reporters, witnesses, litigants and court and law office personnel.

(f) CPR/first-aid classes.

(g) In-house courses offered by court reporting firms.

(h) Vendor sponsored training, with the exception of sales presentations.

(i) Community based programs.

(j) Meetings that include educational or professional development presentations that otherwise meet Washington state criteria for award of continuing education units;

(k) Documented pro bono services on an hour-for-hour basis including, but not limited to:

(i) Presence at a court hearing or deposition;

(ii) Transcription;

(iii) Editing;

(iv) Proofreading.

(l) Documented teaching, research or writing for a planned, directly supervised continuing education experience that fulfills continuing education criteria where no payment is received. Continuing education units will be awarded only once for each separate item.

(3) Any course or activity previously approved by any nationally or state recognized association for court reporting professions shall be approved for continuing education units.

(4) Courses offered with a documented grade of C or better at an accredited college or university will be awarded continuing education units at the following rates:

(a) Semester course: 6 continuing education units.

(b) Trimester course: 5 continuing education units.

(5) Activities that are not acceptable for continuing education units include, but are not limited to, the following:

(a) Attendance at professional or association business meetings or similar meetings convened for the purpose of election of officers, policymaking, or orientation;

(b) Leadership activities in national, state, or community associations and board or committee service;

(d) Recreation, aerobics, massage, or physical therapy courses or practice or teaching of same;

(e) Classes in the performing arts, studio arts, or crafts or teaching of same;

(f) Tours of museums or historical sites;

(g) Social events at meetings, conventions, and exhibits;

(h) Visiting vendor exhibits or attending vendor sales demonstrations;

(i) Jury duty;

(j) Any event for which the attendee receives payment for attendance;

(k) Any event which is part of the attendee's regular employment or is attended for the purpose of gaining employment;

(l) On-the-job training or other work experience, life experience, previous work experience.

(6) Individuals shall maintain documentation of continuing education units for at least three years and provide them to the department on request.

(7) An individual who fails to renew their certification by the expiration date forfeits all rights to represent themselves as a "shorthand reporter," "court reporter," "certified shorthand reporter," or "certified court reporter" until the certificate has been reinstated.

(8) An individual who has allowed the certification to expire for three years or more is required to file a new complete application and fee and must pass the state-approved examination. Upon passage of the exam a certificate will be issued.

History

Statutory Authority: Chapter 18.145 RCW, RCW 43.24.023, and 2010 c 49. WSR 11-01-119, § 308-14-100, filed 12/20/10, effective 7/1/11. Statutory Authority: Chapter 18.145 RCW and RCW 43.24.086. WSR 90-10-009, § 308-14-100, filed 4/20/90, effective 5/21/90.

Wash. Admin. Code § 308-14-115 Wall certificates.

Upon meeting standards of competency as defined in RCW 18.145.080, an applicant will be issued a wall certificate with the applicant's name, issue date and certificate number. Licensees will be issued one wall certificate, which will provide proof of certification.

History

Statutory Authority: RCW 18.145.050, 43.24.023. WSR 04-17-072, § 308-14-115, filed 8/13/04, effective 9/13/04.

Wash. Admin. Code § 308-14-120 Examination appeal procedures.

(1) Any candidate who takes the state examination for licensure and does not pass the examination may request to review their papers.

(a) The department will not modify examination results unless the candidate presents clear and convincing evidence of error in the grading of the examination.

(b) The department will not consider any challenges to examination grading unless the total of the potentially revised score would result in issuance of certification.

(2) The procedure for requesting an informal review of examination results is as follows:

(a) The request must be in writing and must be received by the department within thirty days of the date on the letter of notification of examination results sent to the candidate.

(b) The following procedures apply to an appeal of the results of the examination.

(i) In addition to the written request required in (a) of this subsection, the candidate must appear personally in the department office in Olympia to review the examination. The candidate must contact the department to make an appointment for the exam review session with department staff.

(ii) Within fifteen days of the review the candidate, in writing, must specifically identify the challenged portions on the examination and must state the specific reason(s) why the candidate believes the results should be modified.

(iii) The candidate will be allowed one hour to review the examination.

(c) The department will review the examination and justification submitted by the candidate. The candidate will be notified in writing of the department's decision.

(d) Any candidate who is not satisfied with the results of the informal examination review may, within twenty days of the date on the notice of the department's informal review notification, request a formal hearing to challenge the examination results.

(3) The procedures for requesting a formal hearing are as follows:

(a) The candidate must complete the informal review process before requesting a formal hearing.

(b) The request for a formal hearing must be received by the department within twenty days of the date on the notice of the results of the department's informal review.

(c) The written request must specifically identify the challenged portion(s) of the examination and must state the specific reason(s) why the candidate believes the examination results should be modified.

(d) Candidates will receive at least twenty days notice of the time and place of the formal hearing.

(e) The hearing will be restricted to the specific portion(s) of the examination the candidate has identified in the request for formal hearing.

(f) The formal hearing will be conducted pursuant to the Administrative Procedure Act, chapter 34.05 RCW.

(g) The candidate will be notified in writing of the director's final decision.

History

Statutory Authority: RCW 18.145.050 and 43.24.020. WSR 91-20-002 and 91-20-044, § 308-14-120, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91.

Wash. Admin. Code § 308-14-130 Standards of professional practice.

All certified court reporters (CCR) shall comply with the following professional standards except where differing standards are established by court or governmental agency. Failure to comply with the following standards is deemed unprofessional conduct. Certified court reporters shall:

(1) Offer arrangements on a case concerning court reporting services or fees to all parties on equal terms.

(2) Include on all transcripts, business cards, and advertisements their CCR reference number.

(3) Prepare transcripts in accordance with the transcript preparation guidelines established by WAC 308-14-135 or court.

(4) Preserve and file shorthand notes in a manner retrievable. Transcribed notes shall be retained for no less than three years and untranscribed notes shall be retained for not less than ten years, or as required by statute, whichever is longer.

(5) Provide transcripts on agreed delivery date, and give notification of any delays.

(6) Prepare accurate transcripts.

(7) Disclose conflicts, potential conflicts, or appearance of conflicts to all involved parties.

(8) Be truthful and accurate in advertising qualifications and/or services provided.

(9) Preserve the confidentiality of all information obtained during a proceeding and take all steps necessary to ensure its security.

(10) Notify all involved parties when transcripts are ordered.

(11) All parties shall be notified when a transcript is ordered by a person not involved in the case. If any party objects, the transcript cannot be provided without a court order.

(12) Supply certified copies of transcripts to any involved party, upon appropriate request.

History

Statutory Authority: RCW 18.145.050, 43.24.023. WSR 04-17-072, § 308-14-130, filed 8/13/04, effective 9/13/04. Statutory Authority: RCW 18.145.050 and 43.24.020. WSR 91-20-002 and 91-20-044, § 308-14-130, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91. Statutory Authority: RCW 18.145.050. WSR 90-20-008, § 308-14-130, filed 9/20/90, effective 10/21/90.

Wash. Admin. Code § 308-14-135 Transcript preparation format.

The following transcript format shall be followed by all certified court reporters (CCR's), except where format is recommended or established by court or agency.

(1) Twenty-five typed lines per 8 1/2 x 11 inch standard page of paper.

(2) No fewer than nine and no more than ten characters per inch of text.

(3) No fewer than fifty-four and no more than sixty characters per standard line of text.

History

Statutory Authority: RCW 18.145.050, 43.24.023. WSR 04-17-072, § 308-14-135, filed 8/13/04, effective 9/13/04. Statutory Authority: RCW 18.145.050 and 43.24.020. WSR 91-20-002 and 91-20-044, § 308-14-135, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91.

Wash. Admin. Code § 308-14-190 Exemptions—Court appointed.

A court reporter that is appointed to superior court under RCW 2.32.180 is exempt from the licensure requirements of chapter 18.145 RCW. The department has jurisdiction over court reporting activities when the court reporter is appointed to superior court under RCW 2.32.180 and is also certified under chapter 18.145 RCW.

History

Statutory Authority: RCW 18.145.050, 43.24.023. WSR 04-17-072, § 308-14-190, filed 8/13/04, effective 9/13/04.

Wash. Admin. Code § 308-14-200 Court reporter fees.

The following fees shall be charged by the business and professions division, department of licensing:

| Title of Fee | Fee | | | --- | --- | --- | | Certification | | | | | Application | $165.00 | | | Renewal | 138.00 | | | Late renewal penalty | 138.00 | | | Verification | 25.00 | | | License print fee | 5.00 |

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-14-200, filed 10/21/22, effective 11/22/22. Statutory Authority: RCW 43.24.086 and 18.145.050. WSR 09-22-051, § 308-14-200, filed 10/29/09, effective 12/1/09
WSR 07-16-036, § 308-14-200, filed 7/23/07, effective 9/1/07. Statutory Authority: RCW 18.145.050, 43.24.086, 43.24.023. WSR 04-17-073, § 308-14-200, filed 8/13/04, effective 10/1/04. Statutory Authority: RCW 18.145.050, 43.24.086 and 43.135.055. WSR 98-16-060, § 308-14-200, filed 8/3/98, effective 9/3/98. Statutory Authority: Chapter 18.145 RCW and RCW 43.24.086. WSR 90-10-009, § 308-14-200, filed 4/20/90, effective 5/21/90.

Chapter 308-15 Geologist licensing services.

Wash. Admin. Code § 308-15-010 State board of licensing.

The Washington state geologist licensing board, hereafter called the board, will hold at least one regular public meeting each year. Additional public meetings may be held at such times and places as the board may deem necessary. Annually, the board will elect a chair, a vice chair, and a secretary for the upcoming year.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-010, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-010, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapter 18.220 RCW. WSR 01-12-023, § 308-15-010, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 308-15-020 Definitions.

(1) "Geologic interpretation," as applied to the practice of geology and its specialties, is the process used to evaluate geologic conditions based on review of available information, and observation and testing of rock, soil material and groundwater characteristics.

(2) "Geologic work of a character satisfactory to the board" means that the applicant's qualifying work history consists of professional experience in the practice of geology. Geologic work requires applying sufficient education, knowledge, and experience to geologic problems by investigating, and acquiring surface and subsurface data, and measuring, interpreting, and reporting on the physical properties of the earth. Implicit in this definition is the understanding and pertinence of professional responsibility and integrity, and performance under minimal supervision. Professional geologic work specifically does not include routine activities by themselves such as drafting, sample collection, sample preparation, or routine laboratory work, where the elements of scientific judgment and interpretation are not required, nor does it include activities which do not use scientific methods to interpret geologic data. Professional geology work also does not include engineering or other physical sciences where geology investigation, analysis and interpretation are not used. Professional specialty experience is considered to meet the requirements of this definition.

(3) "National Association of State Boards of Geology" or "ASBOG" means the organization responsible for developing, publishing and grading National Geologist Licensing Examinations.

(4) "Professional specialty practice of a character satisfactory to the board" means that the applicant has qualifying work history pertinent to the specialty that meets the standards for professional geologic work defined in subsection (2) of this section. Elements, typical applications, and example project types, for the engineering geologist and hydrogeologist specialties are defined in WAC 308-15-053.

(5) "Reciprocity" means the issuance of a license without examination as a geologist or specialty geologist to an applicant who holds a license or certificate of qualifications issued by proper authority of any state, territory, or possession of the United States, District of Columbia, or any foreign country, if the applicant meets the requirements outlined in WAC 308-15-040 for a geologist license, in WAC 308-15-055 for an engineering geologist license, and in WAC 308-15-057 for a hydrogeologist license.

(6) "Year of professional practice" means at least 1600 hours of work in the practice of geology within one calendar year. Examples of a "year of professional practice" include 200 eight-hour days or 160 ten-hour days within one year. Part-time work will be counted on a prorated basis.

(7) "Year of professional specialty practice" means at least 1600 hours of work in a specialty within one calendar year, per examples given in subsection (6) of this section.

(8) "Geologist in training" means an individual who has met the educational requirements described in WAC 308-15-040(2), and has passed the ASBOG Fundamentals of Geology examination, but does not meet the experience requirements outline in WAC 308-15-040(3).

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-020, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040. WSR 07-13-038, § 308-15-020, filed 6/13/07, effective 7/14/07. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-020, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapter 18.220 RCW. WSR 01-12-023, § 308-15-020, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 308-15-030 How do I apply for a geologist license?

(1) Review the available options for licensure:

(a) If this is your initial geologist license, in WAC 308-15-050; and

(b) If you are licensed in another jurisdiction, in WAC 308-15-060.

(2) Complete the board's official application form, and submit it to the board office with the nonrefundable application fee.

(3) Verify you meet minimum educational requirements by having your official sealed transcripts sent directly to the board office from your college or university. Official sealed transcripts from schools outside the United States or Canada must be evaluated by a board-approved evaluation service. The evaluation service must send the original evaluation and a copy of the transcripts directly to the board office.

(4) Obtain personal references and verifications of experience in the format and on the forms specified in the application instructions. Verifications must be sent to the board directly from the verifier.

(5) If you are already licensed in another jurisdiction, obtain verification of your current license or certification and your examination scores on the form provided by the board. Verification must be sent directly to the board from the issuing jurisdiction.

(6) If you are applying for a specialty license, submit an applicable project list on the forms provided by the board to show you meet the minimum requirements of the professional specialty practice to the satisfaction of the board.

(7) If requested by the board, submit one or more reports you signed and stamped.

(8) If you are applying for a license by examination, your complete application, as described in subsection (9) of this section, must be received by the board at least ninety calendar days before the date of the examination.

(9) An application is not complete and will not be considered until all of the following are received by the board:

(a) Application, signed and dated, and without omissions;

(b) Application fee and, if applying for a specialty by examination, the examination fee specified in WAC 308-15-150;

(d) Personal references sent directly from the reference source;

(e) Verification of experience sent directly by the verifiers;

(f) If you are already a licensed geologist in another jurisdiction, verification of examination scores and license or certification in another jurisdiction;

(g) If you are applying for a specialty license, your applicable project list; and

(h) Other documentation as requested by the board.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-030, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 06-04-022, § 308-15-030, filed 1/23/06, effective 2/23/06
WSR 05-01-174, § 308-15-030, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapter 18.220 RCW. WSR 01-12-023, § 308-15-030, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 308-15-040 What are the minimum requirements to be eligible for a geologist license?

An applicant is eligible for a geologist license when a complete application is acceptable to the board, and demonstrates:

(1) Education. An applicant shall have graduated from a course of study satisfactory to the board as described in (a) of this subsection or satisfy educational equivalents as determined by the board on a case-by-case basis as described in (b) of this subsection:

(a) Bachelor degree program. An applicant shall have earned a bachelor's degree in geology, engineering geology, hydrogeology, or geological sciences, including successful completion of core classes approved by the board; or have a related bachelor's degree as approved by the board, which includes successful completion of coursework that is determined by the board to be educationally equivalent in content and rigor to that of a geological sciences degree program.

(b) Educational equivalency: The board may review and approve unique combinations of educational equivalents to a bachelor's degree. This may include advanced study pertinent to geology, nonmatriculated coursework, practical seminars, and/or on-the-job training acceptable to the board.

(2) Experience. An applicant must have at least five years of geologic experience satisfactory to the board after completing the educational requirements in subsection (1) of this section. At least three years of geological experience must be obtained under the supervision of state-licensed geologists or others who, in the opinion of the board, are qualified to have responsible charge, or have been in responsible charge, of the applicant's geologic work. The following may be considered qualifying experience:

(a) Geologic research or teaching at the university or college level, which, in the judgment of the board, is comparable to experience obtained in the practice of geology;

(b) Up to two years of credit for full-time graduate study in geology, engineering geology, hydrogeology or one of the related geological sciences approved by the board; and

(c) Applicants with military training or experience will be evaluated by the board on a case-by-case basis to determine if the experience or training meets the licensing requirements.

(3) Examination. An applicant must have passed the ASBOG Fundamentals of Geology and the ASBOG Practice of Geology examinations or another examination acceptable to the board.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-040, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-040, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapter 18.220 RCW. WSR 01-12-023, § 308-15-040, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 308-15-050 What is the examination process to be licensed as a geologist?

You must sit for and pass the ASBOG examinations which consists of two parts: Fundamentals of Geology and Practice of Geology.

(1) Applying for the examination: You may apply to sit for each section separately or for all sections simultaneously:

(a)(i) Apply to sit for the Fundamentals of Geology examination once you meet the minimum educational requirements established in WAC 308-15-040.

(ii) To apply to sit for only the Fundamentals of Geology examination, provide the board with a completed application, an official copy of your transcripts, showing you meet the educational requirements, and the application fee listed in WAC 308-15-150. You do not need to submit employment and experience verification forms or personal references. Once you pass the Fundamentals of Geology examination, you will be enrolled as a geologist-in-training.

(b)(i) Apply to sit for the Practice of Geology examination once you meet the experience requirements established in WAC 308-15-040.

(ii) To apply to sit for only the Practice of Geology examination, provide the board completed experience verification forms showing you meet the requirements of WAC 308-15-040. These will be added to the application materials and fee you submitted to sit for the Fundamentals of Geology examination.

(c) Apply to sit for both parts of the ASBOG examination once you meet all licensure requirements outlined in WAC 308-15-040, by submitting a completed license application packet and application fee. A completed application packet must include official transcripts and experience verification forms.

(2) Fees: You must submit the application fee with your application prior to the application deadline. Fees are listed in WAC 308-15-150. Following approval of your application you must submit your examination fees directly to ASBOG prior to the deadline specified by ASBOG.

(3) Special accommodations: If you need special accommodations, the board will provide accommodations consistent with the Americans with Disabilities Act. You must request special accommodations at least ninety days before the examination date.

(4) Failing the examination: You may apply for reexamination by submitting a written request and the administrative fee for reexamination specified in WAC 308-15-150. Once you have been approved for reexamination, you must submit the examination fee directly to ASBOG by the deadline specified by ASBOG.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-050, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 06-04-022, § 308-15-050, filed 1/23/06, effective 2/23/06
WSR 05-01-174, § 308-15-050, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapter 18.220 RCW. WSR 01-12-023, § 308-15-050, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 308-15-053 What are the specialty licenses?

The types of specialty licenses are engineering geologist and hydrogeologist.

(1) Engineering geologist.

(a) Elements of the engineering geologist specialty practice. The practice of engineering geology involves the interpretation, evaluation, analysis, and application of geological information and data, as follows: Geotechnical soil and rock units are designated, characterized, and classified, using standard engineering soil and rock classification systems. Site characteristics are interpreted based on surface landforms, current and past geologic processes, the distribution and strength characteristics of soil and rock, and ground and surface water. Geotechnical zones, domains or layers are designated based on soil and rock strength characteristics, common landforms, related geologic processes, or other pertinent factors. Proposed land development or modification is evaluated and, where appropriate, analyzed to estimate the likely behavior of soil and rock under static and dynamic conditions. Proposed modifications may include such things as vegetation removal, using various types of materials in construction, applying loads to shallow or deep foundations, constructing cut or fill slopes and other grading, and modifying ground and surface water flow. The effects of surficial and deep-seated geologic processes are evaluated and analyzed to estimate the potential effect on public health, public safety, land use, or proposed development.

(b) Typical engineering geologic applications and types of projects. Engineering geology is applied from conception through planning, design, construction, maintenance, and, in some cases, reclamation and closure. Planning-level engineering geologic work is commonly conducted in response to forest practice regulations, critical areas ordinances, and the State Environmental Policy Act. Typical planning-level engineering geologic applications include timber harvest planning, proposed location of residential and commercial developments and other buildings and facilities, and alternative route selection for roads, rail lines, trails, and utilities. Site-specific engineering geologic applications may include, for example, evaluation of and recommendations for cuts, fills, and tunnels for roads, trails, railroads, and utility lines; foundations for bridges and other structures, retaining walls and shoring, dams, buildings, water towers, slope stability evaluation and stabilization, channel and shoreline stabilization, and other structures; rock bolt systems; rockfall protection systems; blasting; and other major earthwork projects such as for aggregate sources and landfills.

(2) Hydrogeologist.

(a) Elements of the hydrogeologist specialty. The hydrogeologist license is a specialty license that requires having a geologist license. The practice of hydrogeology involves the study, interpretation, and application of the movement of water and other fluids through geologic materials, the mechanical, physical, chemical, and thermal interaction of fluids with geologic materials, and the transport of energy and chemical constituents by fluids in the subsurface.

(b) Typical hydrogeologic applications and types of projects. Typical applications include regional or basin groundwater resource, quantity and quality, characterization, development and protection of groundwater resources, subsurface characterization; design of vadose and saturated zone environmental cleanups; design, chemical testing, and construction supervision of test, production, recharge, injection, remediation, dewatering and resource protection wells; fluid flow and transport modeling; dewatering system design; and evaluation of potential impacts caused by past, current, or future activities on the quantity and quality of groundwater and soil gas, and the range of potential mitigations.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-053, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-053, filed 12/21/04, effective 1/21/05.

Wash. Admin. Code § 308-15-055 What are the minimum requirements to be eligible for an engineering geologist specialty license?

You must meet the following requirements to be eligible for an engineering geologist license:

(1) You hold a current Washington state geologist license; and

(2) You have knowledge of the engineering geology of Washington state; and

(3) You have completed and passed the requirements of advanced study pertinent to engineering geology and acceptable to the board as follows:

(a) Eighteen semester or twenty-seven quarter credit hours of graded academic coursework; or

(b) Two hundred seventy hours of qualifying seminars or workshops, as acceptable to the board; or

(c) Five hundred forty hours of on-the-job training under the supervision of state-licensed engineering geologists or others who, in the opinion of the board, are qualified to have responsible charge of engineering geologic projects; or

(d) Any combination of (a), (b), and/or (c) of this subsection, as acceptable to the board; and

(4) You have five years of professional engineering geology experience after completing and passing the advanced study requirements specified in subsection (3) of this section. At least three years of engineering geology experience must be obtained under the supervision of Washington state-licensed engineering geologists or others who, in the opinion of the board, are qualified to have responsible charge of engineering geology projects. The following may be considered qualifying engineering geology experience:

(a) Engineering geology research or teaching at the university or college level, which, in the judgment of the board, is comparable to experience obtained in the practice of engineering geology; and

(b) Up to two years' credit for full-time graduate study in engineering geology or a curriculum containing equivalent academic content approved by the board; and

(5) You have passed the Washington state engineering geologist specialty examination or another examination acceptable to the board.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-055, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-055, filed 12/21/04, effective 1/21/05.

Wash. Admin. Code § 308-15-057 What are the minimum requirements to be eligible for a hydrogeologist specialty license?

You are eligible for a hydrogeologist license if you submit an application to the board, completed in accordance with WAC 308-15-030, which demonstrates that:

(1) You hold a current Washington state geologist license; and

(2) You have demonstrated knowledge of the hydrogeology of Washington state; and

(3) You have completed and passed the requirements of advanced study pertinent to hydrogeology and acceptable to the board, as follows:

(a) Eighteen semester or twenty-seven quarter credit hours of graded academic coursework; or

(b) Two hundred seventy hours of seminars or workshops, as acceptable to the board; or

(c) Five hundred forty hours of on-the-job training under the supervision of state-licensed hydrogeologists or others who, in the opinion of the board, are qualified to have responsible charge of hydrogeologic projects; or

(d) A combination of (a), (b), and (c) of this subsection; and

(4) You have five years of professional hydrogeology experience after completing and passing the advanced study requirements specified in subsection (3) of this section. At least three years of hydrogeology experience must be obtained under the supervision of Washington state-licensed hydrogeologists or others who, in the opinion of the board, are qualified to have responsible charge of hydrogeology projects. The following may be considered qualifying hydrogeology experience:

(a) Hydrogeology research or teaching at the university or college level, which, in the judgment of the board, is comparable to experience obtained in the practice of hydrogeology; and

(b) Up to two years' credit for full-time graduate study in hydrogeology or a curriculum containing equivalent academic content approved by the board; and

(5) You have passed the Washington state hydrogeology specialty examination or another examination acceptable to the board.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-057, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-057, filed 12/21/04, effective 1/21/05.

Wash. Admin. Code § 308-15-060 What qualifications must I meet to obtain a Washington state geologist license by reciprocity if I am already licensed in another jurisdiction?

You are eligible for a geologist or specialty license by reciprocity if you submit a geologist and/or specialty license and examination application to the board which demonstrates:

(1) You hold an active geologist license in good standing in a jurisdiction recognized by the board;

(2) You meet the education and experience requirements in WAC 308-15-040 and, if applying for a specialty geologist license, the experience requirements in WAC 308-15-055 or 308-15-057; and

(3) You have passed the ASBOG Fundamentals of Geology and ASBOG Practice of Geology examinations or an equivalent examination acceptable to the board. If you are applying for a specialty geologist license, you must also verify that you have passed a specialty geologist examination adopted by or acceptable to the board, or take the Washington state specialty geologist examination.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-060, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-060, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapter 18.220 RCW. WSR 01-12-023, § 308-15-060, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 308-15-065 What happens if I do not complete my application?

(1) If you fail to complete the licensing process and the board's records show no application activity for five consecutive years, the board will consider your application abandoned. No application activity includes, but is not limited to, failure to submit the required documents within five consecutive years from the receipt of the most recent information submitted.

(2) Your application will be considered abandoned if you fail to provide the board with written communication during five consecutive years indicating you are attempting to complete the licensing process.

(3) Once the board considers your application abandoned, your application will be destroyed, in accordance with the board's record retention schedule in effect at the time. You will then be required to reapply for licensure, and comply with the licensing requirements in effect at the time of reapplication.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-065, filed 10/31/19, effective 12/1/19.

Wash. Admin. Code § 308-15-070 Do I need a seal?

Upon licensure, you must obtain a seal bearing your name, license number, and the legend "State of Washington Licensed Geologist." If you are licensed as an engineering geologist or hydrogeologist, the specialty must be noted on the seal. Seals may be physically or digitally produced. Facsimiles of the seal designs authorized by the director are shown in this section. Deviations to the authorized seal designs are not allowed.

Geologist stamp here

| | | --- |

Engineering geologist stamp here

| | | --- |

Hydrogeologist stamp here

| | | --- |

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-070, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-070, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapter 18.220 RCW. WSR 01-12-023, § 308-15-070, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 308-15-075 When do I need to apply my stamp/seal?

(1) You must apply your stamp/seal, signature, and the date on every final geology or specialty geology work product prepared by you or under your supervision or direction, and submitted to other parties, as part of the public practice of geology.

(a) All figures, maps, and plates bound within final reports or documents do not need to be individually stamped/sealed, signed and dated. You must individually stamp, sign, and date unbound final figures, maps, and plates.

(b) Draft geology or specialty geology work products do not have to be stamped/sealed, but these types of documents and associated figures, maps, and plates must be marked as draft.

(2) If you stamp, sign and date a work product prepared by another geologist, you are responsible to the same extent, as if you prepared that work product yourself.

(3) The terms "signature" or "signed" as used in chapter 18.220 RCW and this chapter, mean the following:

(i) Original and written by hand, or a scanned image of an original, handwritten identification;

(ii) Permanently affixed to the document(s) being certified;

(iii) Applied to the document by the identified licensee;

(iv) Placed across the seal/stamp of the licensee.

(b) A digital identification is an electronic authentication process attached to or logically associated with an electronic document. The digital identification may include a scanned or digitized signature. The digital identification must be:

(i) Unique to the licensee using it;

(ii) Capable of independent verification;

(iii) Under the exclusive control of the licensee using it; and

(iv) Linked to a document in such a manner that the digital identification is invalidated if any data in the document are changed. Final work products prepared pursuant to regulatory compliance shall be stamped consistent with this section and are not considered exemptions under RCW 18.220.190(4).

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-075, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040. WSR 07-13-038, § 308-15-075, filed 6/13/07, effective 7/14/07. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-075, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapter 18.220 RCW. WSR 01-12-023, § 308-15-075, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 308-15-080 How do I renew my license?

The renewal period is one year. Your license renewal date is your birthday. You must notify the department in writing of any address changes.

You are responsible to make a timely renewal whether or not you receive a renewal notice from the department.

If you fail to renew your license, your license is invalid. If your license is invalid, you are prohibited from offering and/or providing professional geologist services until your license is renewed or reinstated.

If you fail to pay your renewal fee within ninety days after your renewal date, you must pay the renewal fee plus a late fee equal to one year's renewal fee at the current rate.

If you fail to renew your license for a period of five years or more, you may be reinstated upon payment of the current year's renewal fee and a late fee equal to one year's renewal fee at the current rate. In addition to the payment of fees, you must submit the following:

(1) A signed statement that you are knowledgeable about the current laws and rules governing geologists in Washington state;

(2) A professional resume of your geologist activities during the delinquent period, including licensure in another jurisdiction, with sufficient detail to demonstrate to the board that you have maintained your professional geologist skills; and

(3) A detailed explanation of the circumstances surrounding the reason you allowed your license to expire.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-080, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-080, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapter 18.220 RCW. WSR 01-12-023, § 308-15-080, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 308-15-083 How do I obtain retired status?

If you are a licensed geologist, you may be eligible to obtain retired status if you are at least sixty-five years of age and have discontinued active professional practice. If granted retired status, your ongoing licensing renewal fees are waived.

(1) To obtain retired status, submit a written request to the board. If the board determines you are eligible, the retired status would become effective on the first scheduled license renewal date that occurs on or after you reach age sixty-five. You do not need to renew an expired license to be eligible for this status. The board will not provide refund of renewal fees if the application for retired status is made and granted before the expiration date of the license.

(2) Privileges. In addition to the waiver of the renewal fee, as a licensee in retired status, you are permitted to:

(a) Retain the board-issued wall certificate of licensure.

(b) Use the title "geologist," provided you also use the term "retired," the abbreviation "ret," "emeritus geologist," or similar language in written or verbal communications to indicate you are no longer in active practice.

(d) Provide services as a technical expert before a court, or in preparation for pending litigation, on matters directly related to geologic work you performed before you were granted retired status.

(e) Serve in a professional capacity as a "good Samaritan," as set forth in RCW 38.52.195 and 38.52.1951, provided said work is otherwise performed in accordance with chapter 18.220 RCW.

(3) Restrictions. As a retired licensee, you are not permitted to:

(a) Perform any professional geology work, as provided for in chapter 18.220 RCW, unless said activity is under the direct supervision of a Washington state licensed geologist;

(b) Apply your professional seal, as provided for in RCW 18.220.090 to a professional geologic work product.

(4) Certificate of licensure reinstatement. As a retired status licensee, you may resume active geologist practice upon written request to the board and payment of the current renewal fee. If approved, your license will be returned to active status by the board, and all rights and responsibilities of an active license status will be in effect. At the date of expiration of the reinstated license, you may choose to either continue active licensure or may again apply for retired status, in accordance with the provisions of this chapter.

(5) Exemptions. Under no circumstances shall you be eligible for retired status if your license has been revoked, surrendered, or suspended by the board under chapter 18.220 RCW. If you have been suspended from geologic practice or are subject to terms of a board order at the time you reach age sixty-five, you shall not be eligible for retired status until such time that the board has removed the restricting conditions.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-083, filed 10/31/19, effective 12/1/19.

Wash. Admin. Code § 308-15-085 How do I withdraw from active practice?

You can withdraw from active practice by requesting in writing your license be placed on either inactive or retired status. Your license must be in good standing before you can request it be placed in inactive status. See WAC 308-15-083 for information about obtaining retired status.

Under inactive status, you are not permitted to perform any professional geology work, as provided for in chapter 18.220 RCW, unless said activity is under the direct supervision of a Washington state licensed geologist who has an active license in the records of the board.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-085, filed 10/31/19, effective 12/1/19.

Wash. Admin. Code § 308-15-087 How do I reactivate my inactive license?

(1) If you are returning to active status from less than five years of inactive status, submit to the board:

(a) A letter of application requesting reactivation of your license; and

(b) The current renewal fee.

(2) If you are returning to active status after five years of inactive status, submit to the board:

(a) A letter of application requesting reinstatement; and

(b) The current renewal fee plus the late penalty fee.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-087, filed 10/31/19, effective 12/1/19.

Wash. Admin. Code § 308-15-103 How are brief adjudicative proceedings (BAPs) conducted?

(1) A brief adjudicative proceeding is an alternative to a formal hearing. You will not be required to testify or be present during the proceeding. A decision on your case will be made based upon review of documents only.

(2) The proceeding will be conducted by a presiding officer, designated by the board, who is objective and will not have personally participated in any decision to issue the initiating document.

(3) You may present any written documentation that you believe supports your case as well as a statement or brief addressing why you believe your position in the case is correct. The presiding officer will designate the date by which written documents must be submitted by the parties.

(4) No witnesses may appear to testify.

(5) The presiding officer will issue a written initial order within ten days of the date for submission of materials. That initial decision will contain instructions on how you may appeal the decision if you choose.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-103, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-103, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapter 18.220 RCW. WSR 01-12-023, § 308-15-103, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 308-15-105 When can a brief adjudicative proceeding be used instead of a formal hearing?

(1) The board will conduct brief adjudicative proceedings as provided for in RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act.

(2) Brief adjudicative proceedings may be used to determine the following issues:

(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;

(b) Whether an applicant is eligible to sit for a professional licensing examination;

(d) Whether an applicant has failed the professional licensing examination;

(e) Whether an applicant or licensee failed to cooperate in an investigation by the board;

(f) Whether an applicant or licensee was convicted of a crime that disqualifies the applicant or licensee from holding the specific license sought or held;

(g) Whether an applicant or licensee has violated the terms of a final order issued by the board or the board's designee;

(h) Whether an individual has engaged in false, deceptive, or misleading advertising; or

(i) Whether an individual has engaged in unlicensed practice.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-105, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-15-105, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.220.040. WSR 07-13-038, § 308-15-105, filed 6/13/07, effective 7/14/07.

Wash. Admin. Code § 308-15-140 What are the rules of professional conduct?

These rules of professional conduct are applicable to all individuals that have been issued a license as a geologist or specialty geologist in accordance with chapter 18.220 RCW.

(1) What are the general responsibilities of a geologist?

(a) A geologist must undertake professional service or render expert opinion only when qualified by training or experience in the technical areas involved.

(b) When serving as an expert or technical witness before a court, commission, or other tribunal, a geologist must express only those opinions founded upon adequate professional knowledge of the matters at issue.

(c) A geologist must stamp, sign and date only professional work products prepared in the public practice of geology including, but not limited to, maps and reports for which the geologist has direct professional knowledge, and for which the geologist is in responsible charge.

(d) A geologist must not take credit for work conducted by others. When using the results of other geologists' work in the performance of the public practice of geology, a geologist must give due credit to the other geologists by citation or acknowledgment.

(e) A geologist must not make false statements or misrepresentations, or permit the publication or use of another geologist's name or geological work in association with fraudulent activities.

(f) A geologist must make full disclosure to identified affected parties of conflict of interest in projects or properties for which the geologist performs geological work.

(g) If a geologist is consulted and renders a professional opinion which is overruled or ignored, the geologist has a duty to inform the affected party where there is present or imminent threat to the public health, welfare, or property. The geologist must immediately notify the client or employer and document their best efforts to explain possible consequences. If the client or employer does not take action in a period of time consistent with the level of danger, the geologist must use best efforts to notify the apparent appropriate regulatory agency.

(h) A geologist must issue no statements, criticisms, or arguments on geological matters inspired or paid for by interested parties, unless the geologist indicates on whose behalf the statements are made.

(i) A geologist should continue professional development throughout their career, and should also provide opportunities for the professional development of others practicing under their supervision.

(2) What are the specific responsibilities of a geologist to a client or employer?

(a) A geologist must avoid conflicts of interest with a client or employer and must disclose the circumstances to the client or employer if a conflict is unavoidable.

(b) A geologist must not, during the time of the geologist's retention or employment by a client or employer, use information developed for, or the resources of, said client or employer for private gain or in any other manner that may conflict with the client's or employer's interest without the knowledge and consent of the client or employer, except as specified in subsection (1)(h) of this section. In the case of former clients or employers, a geologist must honor agreements with former clients or employers with regard to proprietary information, except as specified by subsection (1)(h) of this section.

(c) A geologist must either engage or advise a client or employer to engage other experts or specialists if the client's or employer's interests are best served by such service.

(d) A geologist has the right to withdraw from service without due notice if:

(i) The geologist knows or has reason to think that the client or employer is involved in illegal or fraudulent practices, or practices dangerous to the public welfare.

(ii) The geologist knows or has reason to think that the continued employment will result in illness or injury to the geologist or the geologist's dependents.

(e) A geologist must not accept compensation concurrently from more than one client or employer for the same work on a project, unless the circumstances of payment are fully disclosed and agreed to by all financially interested parties.

(f) A geologist must advise the geologist's clients or employers when, as a result of the geological work, the geologist considers a project will not be viable.

(g) A geologist must negotiate contracts for professional services fairly and on the basis of demonstrated competence and qualifications for the type of professional service required.

(h) A geologist must not request, propose or accept professional compensation on a contingent basis under circumstances in which the geologist's professional judgment or ethics may be compromised.

(3) What are the specific responsibilities of a geologist to the board?

(a) A geologist must respond to formal requests of the board within the time frame and in the manner specified by the board in its request.

(b) A geologist, when requested by the board, must present information and assistance to the board in pursuing violations of laws and rules relating to the public practice of geology in Washington state.

(c) If a geologist has knowledge or reasonable cause to think an individual or another geologist is in violation of the laws governing the license or practice of geology contained in chapter 18.220 RCW, RCW 18.220.130, 18.235.130 or the related administrative rules, the geologist must present such information in writing to the board.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-140, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 05-01-174, § 308-15-140, filed 12/21/04, effective 1/21/05. Statutory Authority: RCW 18.220.040(1), 18.220.050(1). WSR 02-20-072, § 308-15-140, filed 9/30/02, effective 10/31/02.

Wash. Admin. Code § 308-15-150 Fees.

Fees.

| Type of Fee | Amount | | | --- | --- | --- | | Application fees - includes initial license | | | | | Application fee for geologist (applying by examination) | $135.00 | | | Application fee for each specialty (applying by examination) | $135.00 | | | Application fee for geologist (applying by reciprocity) | $270.00 | | | Application fee for each specialty (applying by reciprocity) | $203.00 | | Examination fees | | | | | Administration fee for reexamination | $88.00 | | | Specialty examination (hydrogeologist or engineering geologist examination) | $405.00 | | Renewal fees | | | | | Annual renewal fee for geologist | $135.00 | | | Annual renewal fee for each specialty | $115.00 | | | Late penalty fee (if paid ninety days or more after due date) | $135.00 | | | Late penalty for each specialty (if paid ninety days or more after due date) | $230.00 | | Miscellaneous fees | | | | | Print license fee. . . . | $5.00 | | | Certification of license records to other jurisdictions. . . . | $45.00 | | | Proctor examination for another jurisdiction. . . . | $100.00 |

In addition to applicable state examination fees, ASBOG may collect, from the applicants, the charges of examination development, examination administration and grading. Terms and conditions for payment of the charges to ASBOG are determined by ASBOG.

History

Statutory Authority: RCW 43.24.086. WSR 22-22-011, § 308-15-150, filed 10/20/22, effective 11/22/22. Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-150, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040 and 43.24.086. WSR 16-12-091, § 308-15-150, filed 5/31/16, effective 7/1/16
WSR 14-11-013, § 308-15-150, filed 5/8/14, effective 7/1/14
WSR 11-08-054, § 308-15-150, filed 4/5/11, effective 7/1/11. Statutory Authority: RCW 18.220.040. WSR 08-12-039, § 308-15-150, filed 5/30/08, effective 7/1/08. Statutory Authority: RCW 18.220.040, 18.220.050. WSR 06-04-022, § 308-15-150, filed 1/23/06, effective 2/23/06
WSR 05-01-174, § 308-15-150, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapter 18.220 RCW. WSR 01-12-022, § 308-15-150, filed 5/25/01, effective 6/25/01.

Wash. Admin. Code § 308-15-160 What are the board member rules of conduct?

(1) When a board member either owns a beneficial interest in or is an officer, agent, employee, or member of an entity engaged in activity that is subject to a board action, the board member shall state such involvement and be recused from board contact and participation related to that board action, except that the board member may provide information and appear as a fact witness in that action.

(2) When a board member has a business relationship with a respondent who is subject to a board action, the board member shall notify the board and board staff of that relationship. The board member shall either state that the nature of the relationship is such that it will not affect the board member's impartiality and the member will continue to participate in the action or the board member shall announce their recusal from the board action.

(3) Board staff will make a written notation for the case file of any statement by a board member regarding a business relationship with the respondent and the basis for recusal or continuing participation in the board action.

(4) "Board action" means any action on the part of the board, including, but not limited to:

(a) An investigation, discussion, decision, determination, finding, ruling, order or other regulatory activity within the board's jurisdiction; and

(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.

History

Statutory Authority: RCW 18.220.040, 18.220.050, and 43.24.086. WSR 19-22-034, § 308-15-160, filed 10/31/19, effective 12/1/19. Statutory Authority: RCW 18.220.040. WSR 07-13-038, § 308-15-160, filed 6/13/07, effective 7/14/07.

Chapter 308-17 Private investigative agencies and private investigators.

Wash. Admin. Code § 308-17-010 Promulgation—Authority.

The director of the department of licensing, state of Washington, pursuant to the authority vested in the director by RCW 18.165.170, does hereby promulgate the following rules and regulations relating to the licensing of private investigative agencies, private investigators and armed private investigators.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-010, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-010, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-020 Organization.

The principal location of the private investigator licensing program is at 405 Black Lake Boulevard SW, Olympia, Washington 98504. The department of licensing administers the Washington private investigator license law, chapter 18.165 RCW. Submissions and requests for information regarding private investigative agency licenses, private investigator licenses, and armed private investigator licenses may be sent in writing to the Private Investigator Program, Department of Licensing, P.O. Box 9045, Olympia, Washington 98507-9045.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-020, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-020, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-030 Definitions.

(1) Words and terms used in these rules shall have the same meaning as each has under chapter 18.165 RCW unless otherwise clearly provided in these rules, or the context in which they are used in these rules clearly indicates that they be given some other meaning.

(2) "Principal owner" means the sole owner of a private investigative agency.

(3) "Principal partner" means the partner who exercises operational control over a private investigative agency.

(4) "Certified trainer" means a principal or a licensed private investigator or armed private investigator who has fulfilled the requirements of WAC 308-17-320.

(5) "Company identification" in RCW 18.165.160(6), shall include the license card issued by the director to a private investigator or armed private investigator.

(6) "Fire investigator or arson investigator" is anyone who qualifies for certification and has certification by the International Association of Arson Investigators; the National Association of Fire Investigators; or any organization or government body that has a certification program that meets all the requirements of NFPA 1033.

(7) "Address of record" is a physical street address.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-030, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-030, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-100 Agency applications—Conditions.

Any person desiring to be licensed as a private investigative agency must substantiate the experience requirements in RCW 18.165.050, or pass an examination as provided in this chapter. Persons meeting the experience requirements shall make application for a license on a form prescribed by the director. Persons who do not meet the experience requirements shall make application for an examination and for a license on a form prescribed by the director. Concurrently, the applicant shall:

(1) Pay a nonrefundable fee or fees as prescribed by WAC 308-17-150.

(2) If the applicant is the qualifying agent of a corporation, they shall furnish a certified copy of its articles of incorporation, and a list of its officers and directors and their addresses. If the applicant is the qualifying agent of a foreign corporation, they shall furnish a certified copy of certificate of authority to conduct business in the state of Washington, a list of its officers and directors and their addresses, and evidence of current registration with the secretary of state. If the applicant is a partnership or limited partnership, each partner shall apply and furnish their addresses.

(3) When a license is issued to a principal owner they shall act as the principal of the agency without the payment of additional license fees. When a license is issued to a corporation the qualifying agent shall act as the principal of the agency without the payment of additional fees. When a license is issued to a partnership the principal partner shall act as the principal of the agency without the payment of additional fees.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-17-100, filed 1/6/26, effective 2/6/26. Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-100, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-100, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-105 Branch office notification—Conditions.

A principal of a private investigative agency shall notify the director of the addresses of all branch offices under the same name as the main office as a part of the agency application. The director shall issue a duplicate license for each of the branch offices showing the location of the main office and the particular branch. Each duplicate license shall be prominently displayed in the office for which it is issued. The principal shall notify the director by mail, within thirty days, of any changes to branch office addresses to include additions or deletions of branches.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-105, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-105, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-110 Private investigator applications—Conditions.

Any person desiring to be a private investigator shall make application for a license on a form prescribed by the director and pay a nonrefundable fee as prescribed by WAC 308-17-150.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-110, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-110, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-120 Armed private investigator applications—Conditions.

(1) Any person desiring to be an armed private detective shall obtain a firearms certificate from the criminal justice training commission, make application on a form prescribed by the director, and pay a nonrefundable fee as prescribed by WAC 308-17-150.

(2) If the applicant is an alien resident, the applicant must provide proof of their alien firearm license when they submit an application for original or renewal of their armed private investigator license. Proof of alien firearm license may be provided by submitting a copy of their current alien firearm license.

History

Statutory Authority: Chapter 18.165 RCW. WSR 03-03-024, § 308-17-120, filed 1/8/03, effective 2/10/03. Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-120, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-120, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-130 Application for private investigator and armed private investigator license, licensed in another state—Conditions.

Any person applying for a private investigator or armed private investigator license who holds a valid license, registration, identification, or similar card issued by another state that the director has determined has selection, training, and other requirements at least equal to those required by chapter 18.165 RCW shall make application on a form prescribed by the director, pay the fee as prescribed by WAC 308-17-150 for a private investigator or armed private investigator license, and submit evidence of licensure in another state by a license verification form completed by an administrative officer of the licensure authority of such state.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-130, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-130, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-140 Comments by chief law enforcement officers and employers.

If comments required by RCW 18.165.070(3), are not received by the department within 10 working days from the forwarding date, the permanent license for a private investigator shall be issued if they are otherwise qualified.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-17-140, filed 1/6/26, effective 2/6/26. Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-140, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-140, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-150 Private investigative agency, private investigator, and armed private investigator fees.

Licenses issued to private investigator agencies and private investigators expire one year from the date of issuance and must be renewed each year. The fees are as follows:

| Title of Fee | Fee | | | --- | --- | --- | | Private investigative agency/principal fee: | | | | | Application/examination/includes first examination plus current applicable background check fees | $640.00 | | | Principal armed endorsement | 110.00 | | | Reexamination | 25.00 | | | License renewal | 385.00 | | | Late renewal penalty | See below* | | | Change of principal/includes first examination plus current applicable background check fees | 150.00 | | Private investigator: | | | | | Original license plus current applicable background check fees | 220.00 | | | Armed endorsement plus current applicable background check fees | 110.00 | | | Transfer fee | 25.00 | | | License renewal | 193.00 | | | Late renewal penalty | 35.00 | | | Certified trainer endorsement examination/reexamination | 25.00 | | | Certified trainer endorsement renewal | 15.00 | | | License print fee | 5.00 |

*Private investigative agency license renewals filed after the license expiration date will be charged the master license service late renewal fee in compliance with RCW 19.02.085.

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-17-150, filed 10/21/22, effective 11/22/22. Statutory Authority: RCW 18.165.170(1). WSR 16-13-003, § 308-17-150, filed 6/1/16, effective 7/2/16. Statutory Authority: Chapter 18.165 RCW. WSR 06-13-036, § 308-17-150, filed 6/15/06, effective 7/16/06
WSR 04-12-024, § 308-17-150, filed 5/26/04, effective 7/1/04. Statutory Authority: RCW 43.24.086 and chapter 18.165 RCW. WSR 02-11-098, § 308-17-150, filed 5/20/02, effective 10/1/02. Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-150, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170(1). WSR 93-16-060, § 308-17-150, filed 7/29/93, effective 9/1/93. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-150, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-160 Expiration and renewal of licenses.

Licenses issued to private investigators and armed private investigators expire one year from the date of issuance which date will be the renewal date. Licenses issued to private investigative agencies expire one year from the date of issuance which date will be the renewal date, except that if the corporation registration or certificate of authority filed with the secretary of state expires, the agency license issued to the corporation shall expire on that date. Licenses must be renewed each year on or before the date established herein and a renewal license fee as prescribed by the director in WAC 308-17-150 must be paid.

If the application for a renewal license is not received by the director on or before the renewal date, a penalty fee as prescribed by the director in WAC 308-17-150 shall be paid. Acceptance by the director of an application for renewal after the renewal date shall not be a waiver of the delinquency.

The license of any person whose license renewal fee is not received within one year from the date of expiration shall be cancelled. This person may obtain a new license by satisfying the procedures and qualifications for initial licensing, including the successful completion of any applicable training and examination requirements.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-160, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-160, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-165 Private investigator and armed private investigator—Termination of services.

A person licensed as a private investigator or armed private investigator may perform duties and activities as licensed only under the direction and supervision of a licensed agency principal and as a representative of such principal. This relationship may be terminated unilaterally by either the company principal or private investigator or armed private investigator. Notice of such termination shall be by the agency principal to the director without delay and such notice shall be accompanied by, and include the surrender of, the private investigator or armed private investigator license held by the agency. Notice of termination shall be provided by signature of the agency principal, or a person authorized by the principal to sign for such principal, on the surrendered license. The termination date shall be the postmark date or date the license is hand delivered to the department. If the license held by the agency cannot be surrendered to the department because the license has been lost, the agency principal or authorized representative shall complete and submit an affidavit of lost license on a form provided by the department.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-165, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-165, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-170 Inactive license.

(1) Any license issued under chapter 18.165 RCW and not otherwise revoked or suspended shall be deemed "inactive" at any time it is delivered to the director. Until reissued, the holder of an inactive license shall be deemed to be unlicensed.

(2) An inactive license may be placed in an active status upon completion of an application as provided by the director and upon compliance with the rules adopted pursuant to chapter 18.165 RCW.

(3) An inactive license may not be renewed. The inactive license will be cancelled if not activated and renewed within one year of the expiration date. To obtain a new license the person must satisfy the procedures and qualifications for initial licensing, including the successful completion of any applicable training and examination requirements.

(4) The provisions of chapter 18.165 RCW relating to the denial, suspension, and revocation of a license shall be applicable to an inactive license as well as an active license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-170, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-170, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-180 Application of brief adjudicative proceedings.

The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request, and/or at the discretion of the director pursuant to RCW 34.05.482 for the categories of matters set forth below. Brief adjudicative proceedings will be limited to a determination of one or more of the following issues:

(1) A determination whether an applicant for a license meets the minimum criteria for a license to practice as a private investigator in this state and the department proposes to deny the application;

(2) A determination whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department;

(3) A determination whether an education course or curriculum meets the criteria for approval when approval by the department is required or authorized by statute or rule; and

(4) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for renewal.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-17-180, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-180, filed 8/15/97, effective 9/15/97.

Wash. Admin. Code § 308-17-185 Preliminary record in brief adjudicative proceedings.

(1) The preliminary record with respect to an application for an original or renewal license or for approval of an education course or curriculum shall consist of:

(a) The application for the license, renewal, or approval and all associated documents;

(b) All documents relied upon by the program in proposing to deny the application, renewal, or approval; and

(c) All correspondence between the applicant for license, renewal, or approval and the program regarding the application.

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and

(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-17-185, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-185, filed 8/15/97, effective 9/15/97.

Wash. Admin. Code § 308-17-190 Conduct of brief adjudicative proceedings.

(1) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the director. The presiding officer for brief adjudicative proceedings shall have agency expertise in the subject matter but shall not have personally participated in the decision to issue the initiating document.

(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceeding shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer for brief adjudicative proceedings may, in their discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.

(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within 10 days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter an initial order.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-17-190, filed 1/6/26, effective 2/6/26. Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-190, filed 8/15/97, effective 9/15/97.

Wash. Admin. Code § 308-17-205 Filing of licenses.

Licenses of all private investigators and armed private investigators shall be on file in the office located at the address appearing on the individual license.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-205, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-205, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-210 Change of office location.

The principal of a private investigative agency shall notify the department of the change of location and mailing address of the agency office within ten working days by filing a completed change of address application with the department.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-210, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-210, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-220 Licensee's responsibilities.

It is the responsibility of each and every licensee to obtain a copy of and be knowledgeable of and keep current with the rules implementing chapter 18.165 RCW.

History

Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-220, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-230 Complaint notification.

Every licensee shall, within twenty days after service or knowledge thereof, notify the private investigator program manager of any criminal complaint, information, indictment, or conviction (including a plea of guilty or nolo contendere) in which the licensee is named as a defendant.

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-230, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-230, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-240 Required records.

The minimum records the principal of a private investigative agency shall be required to keep are[:]

(1) Preassignment training and testing records for each private investigator.

(2) The company principal shall maintain proof of annual shooting requirements for each armed private investigator employed by the private investigator company in the armed private investigator's training files or employee's files. These records shall be retained and available for inspection by the director or the director's authorized representative for a minimum of three years.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Wash. Admin. Code § 308-17-300 Minimum preassignment training and testing requirements.

(1) The preassignment training required by RCW 18.165.090, shall include as a minimum four hours of training covering the following areas:

(a) Legal powers and limitations.

(i) Representation and misrepresentation.

(A) How to properly identify yourself.

(B) Misrepresentation defined.

(ii) Powers of arrest.

(A) Laws pertaining to arrest by private citizen.

(B) Probable cause.

(b) Evidence.

(i) Definition.

(A) Written.

(B) Recorded.

(ii) Marking.

(iii) Storage.

(iv) Chain of custody documentation.

(i) Elements of a report.

(ii) Fact versus opinion or assumption.

(iii) Penmanship.

(d) Courtroom testimony.

(i) Expert witnesses.

(ii) Manufacturing evidence.

(iii) Perjury.

(iv) Discovery.

(e) Confidentiality/privilege.

(f) Federal, state, county, and municipal court systems.

(g) Common sources of public information.

(i) Court docket information.

(ii) U.S. Postal Service.

(iii) Voter registration.

(iv) Credit reporting agencies.

(v) Department of licensing.

(vi) Private sources.

(h) Frequent activities in violation of criminal statutes.

(i) Privacy laws: Electronic surveillance.

(i) Chapter 9.73 RCW privacy violations.

(ii) U.S. Code violations.

(iii) Appellate court decisions.

(A) Explanation of privacy.

(B) Video/photography.

(j) Fair Credit Reporting Act.

(i) Permissible purposes of reports.

(ii) Obtaining information under false pretenses.

(2) The minimum time each private investigator candidate must spend in preassignment training is four hours. The time spent on each required topic may vary providing the time for all required topics totals four hours and the four hours is devoted solely to the topics designated.

(3) All private investigator applicants, after receiving preassignment training and prior to receiving their license, must successfully complete a test designed to demonstrate their understanding and retention of the information learned in the training course. This test shall consist of a minimum of thirty multiple questions based on the training topics outlined above. Test results must be verified and signed by a certified trainer. All applicants must answer all questions correctly on the private investigator preassignment training test. Questions incorrectly answered initially must be reviewed to insure the applicant's understanding and then initialed by both the applicant and the certified trainer verifying knowledge of the correct answer(s).

History

Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-300, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-300, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-17-310 Private investigative agency principal examination requirements.

(1) All principals of an agency who do not meet the experience requirements required by RCW 18.165.050, must pass an examination demonstrating their knowledge and proficiency in the following areas:

A. Washington state laws (45% of test)

[I.] Private investigators law - chapters 18.165 RCW and 308-17 WAC

[II.] All topics contained in the private investigator preassignment training course (WAC 308-17-300)

[III.] Chapter 9.73 RCW Privacy, violating right of privacy (e.g. surveillance and wiretapping)

[IV.] Chapter 42.17 RCW Public disclosure

[V.] Title 9A RCW - Washington state criminal code

[VI.] Other resources:

Title 2 RCW - Courts of record
Title 3 RCW - District courts/courts of limited jurisdictions
Title 26 RCW - Domestic relations (e.g. marriage, dissolution, adoption)
Title 36 RCW - Counties
Title 46 RCW - Motor vehicles (e.g. accidents, forms)

[B.] Federal law (30% of test)

[I.] Federal Privacy Act (5 U.S.C. 522A)

[II.] Freedom of Information Act (5 U.S.C. 552)

[III.] Fair Credit Reporting Act (15 U.S.C. 1681)

[IV.] Federal Wiretapping Act (18 U.S.C[.])

[V.] Gramm-Leach-Bliley Act

[VI.] United States Code

[C.] Court systems (7.5% of test)

[I.] Federal courts

[II.] Title 28 of the U.S. Code

[III.] Public Law 101-650

[D.] State courts

[I.] Chapter 35.20 RCW - Municipal courts

[II.] Title 2 RCW Courts of records

[III.] Title 3 RCW - District courts/courts of limited jurisdictions

[IV.] Title 4 RCW - Civil procedures

[V.] Title 5 RCW - Evidence

[VI.] Title 6 RCW - Enforcement of judgments

[E.] Legal procedures and definitions (10% of test)

[I.] Terminology and definitions

[II.] Title 9A RCW - Washington state criminal code

[III.] Title 2 RCW - Courts of record

[IV.] Title 3 RCW - District courts/courts of limited jurisdictions

[V.] Title 4 RCW - Civil procedures

[VI.] Title 5 RCW - Evidence

[VII.] Title 6 RCW - Enforcement of judgments

[VIII.] Title 26 RCW - Domestic relations (e.g. marriage, dissolution, adoption)

[IX.] Black's law dictionary

[F.] Other resources of public information (7.5% of test)

[I.] County recorders office

[II.] World wide locator

[III.] Secretary of state and state recordings

[IV.] Computer databases

[V.] Federal and state laws and acts can be found on the internet.

(2) The examination shall consist of 75 questions based on information in the above required areas. Applicants who fail to achieve a passing score will be required to wait a minimum of seven days before reexamination.

Wash. Admin. Code § 308-17-320 Certification of preassignment training trainers.

An individual must successfully pass the agency principal examination and have three years investigative experience to become a certified trainer. Individuals who fail the exam will be required to wait a minimum of seven days before reexamination. There is no limit on the number of certified trainers an individual private investigative agency may have certified.

History

Statutory Authority: Chapter 18.165 RCW. WSR 02-23-060, § 308-17-320, filed 11/18/02, effective 1/1/03. Statutory Authority: RCW 18.165.170(1), 43.24.086 and 34.05.482. WSR 97-17-051, § 308-17-320, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.165.170. WSR 91-22-111, § 308-17-320, filed 11/6/91, effective 12/7/91.

Chapter 308-18 Private security guard companies and private security guards.

Wash. Admin. Code § 308-18-010 Promulgation—Authority.

The director of the department of licensing, state of Washington, pursuant to the authority vested in the director by RCW 18.170.180, does hereby promulgate the following rules and regulations relating to the licensing of private security guard companies, private security guards, and armed private security guards.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-010, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-020 Organization.

The principal location of the private security guard licensing program is at 405 Black Lake Boulevard S.W., Olympia, Washington 98504. The department of licensing administers the Washington private security guard license law, chapter 18.170 RCW. Submissions and requests for information regarding private security guard company licenses, private security guard licenses, and armed private security guard licenses may be sent in writing to the Private Security Guard Program, Department of Licensing, P.O. Box 9649, Olympia, Washington 98507-9649.

History

Statutory Authority: Chapter 18.170 RCW. WSR 05-09-036, § 308-18-020, filed 4/14/05, effective 7/1/05. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-020, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-020, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-030 Definitions.

(1) Words and terms used in these rules shall have the same meaning as each has under chapter 18.170 RCW unless otherwise clearly provided in these rules, or the context in which they are used in these rules clearly indicates that they be given some other meaning.

(2) "Principal owner" means the sole owner of a private security guard company.

(3) "Principal partner" means the partner who exercises operational control over a private security guard company.

(4) "Certified trainer" means a principal or a licensed private security guard or armed private security guard who has fulfilled the requirements of WAC 308-18-320.

(5) "Other item of equipment" in RCW 18.170.170(7), shall include the license card issued by the director to a private security guard or armed private security guard.

(6) "Qualifying agent" means the person who officially represents a private security guard company in obtaining a license to operate and who meets the qualifications of RCW 18.170.060. The qualifying agent of a corporation or a partnership must be authorized to operate and represent the corporation or partnership as a legal agent, such as a managing officer, agent, employee or partner.

History

Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-030, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-030, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-100 Company applications—Conditions.

Any person desiring to be licensed as a private security guard company must substantiate the experience requirements in RCW 18.170.060, or pass an examination as provided in this chapter. Persons meeting the experience requirements shall make application for a license on a form prescribed by the director. Persons who do not meet the experience requirements shall make application for an examination and for a license on a form prescribed by the director. Concurrently, the applicant shall:

(1) Pay a nonrefundable fee or fees as prescribed by WAC 308-18-150.

(3) When a license is issued to a principal owner, they shall act as the principal of the company without the payment of additional license fees. When a license is issued to a corporation the qualifying agent shall act as the principal of the company without the payment of additional fees. When a license is issued to a partnership the principal partner shall act as the principal of the company without the payment of additional fees.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-18-100, filed 1/6/26, effective 2/6/26. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-100, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-100, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-105 Branch office notification—Conditions.

A principal of a private security guard company shall notify the director of the addresses of all branch offices under the same name as the main office as a part of the company application. The director shall issue a duplicate license for each of the branch offices showing the location of the main office and the particular branch. Each duplicate license shall be prominently displayed in the office for which it is issued. The principal shall notify the director by mail, within thirty days, of any changes to branch office addresses to include additions or deletions of branches.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-105, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-110 Private security guard applications—Conditions.

Any person desiring to be a private security guard shall make application for a license on a form prescribed by the director and pay a nonrefundable fee as prescribed by WAC 308-18-150.

History

Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-110, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-110, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-120 Armed private security guard applications—Conditions.

(1) Any person desiring to be an armed private security guard shall obtain a firearms certificate from the criminal justice training commission, make application on a form prescribed by the director, and pay a nonrefundable fee as prescribed by WAC 308-18-150.

(2) If the applicant is an alien resident, the applicant must provide proof of their alien firearm license when they submit an application for original or renewal of their armed security guard license. Proof of alien firearm license may be provided by submitting a copy of their current alien firearm license.

History

Statutory Authority: Chapter 18.170 RCW. WSR 02-24-026, § 308-18-120, filed 11/27/02, effective 1/1/03. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-120, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-120, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-130 Application for private security guard and armed private security guard license, licensed in another state—Conditions.

Any person applying for a private security guard or armed private security guard license who holds a valid license, registration, identification, or similar card issued by another state that the director has determined has selection, training, and other requirements at least equal to those required by chapter 18.170 RCW shall make application on a form prescribed by the director, pay the fee as prescribed by WAC 308-18-150 for a private security guard or armed private security guard, and submit evidence of licensure in another state by a license verification form completed by an administrative officer of the licensure authority of such state.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-130, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-140 Private security guard temporary registration card—Conditions.

Only those temporary registration cards provided by the department and preprinted with an assigned number and the company's name and address may be used. A private security guard temporary registration card issued by a private security guard company, as authorized by RCW 18.170.090, shall show, as a minimum, the following information:

(1) Private security guard name.

(2) Date of issue.

(3) Date of expiration.

(4) Name and signature of the certified trainer.

History

Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-140, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-140, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-150 Private security guard company, private security guard, and armed private security guard fees.

Licenses issued to private security guard companies and private security guards expire one year from the date of issuance and must be renewed each year. The fees are as follows:

| Title of Fee | Fee | | | --- | --- | --- | | Private security guard company/principal: | | | | | Application/includes first examination plus background check fee | $263.00 | | | Reexamination | 25.00 | | | License renewal | 237.00 | | | Late renewal penalty | 110.00 | | | Change of principal/includes first examination plus background check fee | 80.00 | | | Principal armed endorsement | 10.00 | | Private security guard: | | | | | Original license plus background check fee | 101.00 | | | Armed endorsement | 10.00 | | | Transfer fee | 25.00 | | Licensees with inactive licenses are not required to pay late renewal penalty fees. | | | | | License renewal | 95.00 | | | License late renewal penalty. Late fee is not due if submitting a renewal with a transfer or rehire application. | 15.00 | | | Certified trainer endorsement examination/reexamination | 25.00 | | | Certified trainer endorsement renewal | 15.00 | | | License print fee | 5.00 |

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-18-150, filed 10/21/22, effective 11/22/22. Statutory Authority: RCW 18.170.180(1). WSR 15-22-109, § 308-18-150, filed 11/4/15, effective 12/5/15. Statutory Authority: Chapter 18.170 RCW. WSR 08-19-056, § 308-18-150, filed 9/12/08, effective 11/1/08. Statutory Authority: Chapter 18.170 RCW and Federal Anti Terrorism and Prevention Act 2004. WSR 07-01-032, § 308-18-150, filed 12/12/06, effective 2/15/07
WSR 05-24-121, § 308-18-150, filed 12/7/05, effective 1/9/06. Statutory Authority: Chapter 18.170 RCW. WSR 04-12-023, § 308-18-150, filed 5/26/04, effective 7/1/04. Statutory Authority: RCW 43.24.086 and chapter 18.170 RCW. WSR 02-07-068, § 308-18-150, filed 3/18/02, effective 7/1/02. Statutory Authority: Chapter 18.170 RCW. WSR 98-24-045, § 308-18-150, filed 11/25/98, effective 1/1/99. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-150, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170 18.170.180. WSR 93-11-025, § 308-18-150, filed 5/7/93, effective 7/1/93. Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-150, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-160 Expiration and renewal of licenses.

Licenses issued to private security guards and armed private security guards expire one year from the date of issuance which date will be the renewal date. Licenses issued to private security guard companies expire one year from the date of issuance which date will be the renewal date, except that if the corporation registration or certificate of authority filed with the secretary of state expires, the company license issued to the corporation shall expire on that date. Licenses must be renewed each year on or before the date established herein and a renewal license fee as prescribed by the director in WAC 308-18-150 must be paid.

If the application for a renewal license is not received by the director on or before the renewal date, a penalty fee as prescribed by the director in WAC 308-18-150 shall be paid. Acceptance by the director of an application for renewal after the renewal date shall not be a waiver of the delinquency.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-160, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-165 Private security guard and armed private security guard—Termination of services.

A person licensed as a private security guard or armed private security guard may perform duties and activities as licensed only under the direction and supervision of a licensed company principal and as a representative of such principal. This relationship may be terminated unilaterally by either the company principal or private security guard or armed private security guard. Notice of such termination shall be by the company principal to the director without delay and such notice shall be accompanied by, and include the surrender of, the private security guard's or armed private security guard's license held by the company. Notice of termination shall be provided by signature of the company principal, or a person authorized by the principal to sign for such principal, on the surrendered license. The termination date shall be the postmark date or date the license is hand delivered to the department. If the license held by the company cannot be surrendered to the department because the license has been lost, the company principal or authorized representative shall complete and submit an affidavit of lost license on a form provided by the department.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-165, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-170 Inactive license.

(1) Any license issued under chapter 18.170 RCW and not otherwise revoked or suspended shall be deemed "inactive" at any time it is delivered to the director. Until reissued, the holder of an inactive license shall be deemed to be unlicensed.

(2) An inactive license may be placed in an active status upon completion of an application as provided by the director and upon compliance with the rules adopted pursuant to chapter 18.170 RCW.

(4) The provisions of chapter 18.170 RCW relating to the denial, suspension, and revocation of a license shall be applicable to an inactive license as well as an active license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.

History

Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-170, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-170, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-180 Application of brief adjudicative proceedings.

The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request for the categories of matters set forth below or at the discretion of the director pursuant to RCW 34.05.482. If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter is limited solely to one or more of the following issues:

(1) A determination whether an applicant for a license meets the minimum criteria for a license to practice as a security guard in this state and the department proposes to deny the application;

(2) A determination whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department;

(3) A determination whether an education course or curriculum meets the criteria for approval when approval by the department is required or authorized by statute or rule; and

(4) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for renewal.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-18-180, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-180, filed 8/15/97, effective 9/15/97.

Wash. Admin. Code § 308-18-185 Preliminary record in brief adjudicative proceedings.

(1) The preliminary record with respect to an application for an original or renewal license or for approval of an education course or curriculum shall consist of:

(a) The application for the license, renewal, or approval and all associated documents;

(b) All documents relied upon by the program in proposing to deny the application, renewal, or approval; and

(c) All correspondence between the applicant for license, renewal, or approval and the program regarding the application.

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and

(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-18-185, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-185, filed 8/15/97, effective 9/15/97.

Wash. Admin. Code § 308-18-190 Conduct of brief adjudicative proceedings.

(3) The presiding officer for brief adjudicative proceedings may, in their discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-18-190, filed 1/6/26, effective 2/6/26. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-190, filed 8/15/97, effective 9/15/97.

Wash. Admin. Code § 308-18-200 Office identification.

Every private security guard company office shall be identified by displaying the name, visible to the public, of the company name as licensed at the address appearing on the license.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-200, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-205 Filing of licenses.

Licenses of all private security guards and armed private security guards shall be on file in the office located at the address appearing on the individual license.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-205, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-210 Change of office location.

The principal of a private security guard company shall notify the department of the change of location and mailing address of the company office within ten working days by filing a completed change of address application with the department.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-210, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-220 Licensee's responsibilities.

It is the responsibility of each and every licensee to obtain a copy of and be knowledgeable of and keep current with the rules implementing chapter 18.170 RCW.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-220, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-230 Complaint notification.

Every licensee shall, within twenty days after service or knowledge thereof, notify the private security guard program manager of any criminal complaint, information, indictment, or conviction (including a plea of guilty or nolo contendere) in which the licensee is named as a defendant.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-230, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-240 Required records.

The minimum records the principal of a private security guard company shall be required to keep are:

(1) Preassignment, postassignment, and annual refresher training and testing records for each private security guard.

(2) Private security guard temporary registration card ledger showing the department-supplied registration number, applicant's name, date of issue, date of expiration and date card was forwarded to the director.

(3) The company principal shall maintain proof of annual shooting requirements for each armed security guard employed by the security guard company in the armed security guard's training files or employee's files.

These records shall be retained and available for inspection by the director or the director's authorized representative for a minimum of three years.

History

Statutory Authority: Chapter 18.170 RCW. WSR 07-20-075, § 308-18-240, filed 10/1/07, effective 11/1/07
WSR 05-09-036, § 308-18-240, filed 4/14/05, effective 7/1/05
WSR 02-24-026, § 308-18-240, filed 11/27/02, effective 1/1/03. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-240, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-240, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-300 Minimum preassignment training and testing requirements.

Preassignment training must consist of eight hours of training.

(1) At least four hours of the training must take place in an organized and formal setting. The remaining four hours of training can be continued in the organized and formal setting or it can be individual instruction.

(2) The preassignment organized and formal training must be from the following listed subjects. These training topics are the source of the questions in the preassignment examination issued by the department.

(a) Basic principles.

(i) Basic role of the security guard;

(ii) Washington state licensing laws;

(iii) Observation;

(iv) Proper actions, reactions;

(v) Homeland security - terrorism and surveillance.

(b) Legal powers and limitations.

(i) Citizens arrest;

(ii) Authority to detain, question, or search a private citizen;

(iii) Authority to search or seize private property;

(iv) Use of force;

(v) Avoiding liability.

(i) How to define what is or is not an emergency situation;

(ii) Response to fires;

(iii) Response to medical emergencies;

(iv) Response to criminal acts;

(v) Bomb threats.

(d) Safety and accident prevention.

(i) Hazardous materials including MSDS;

(ii) Accident reporting.

(e) Report writing.

Elements and characteristics of a report.

(3) All private security guard applicants, after receiving preassignment training and prior to receiving their license or temporary registration card, must successfully complete an exam designed and provided by the department to demonstrate understanding and retention of the information learned in the training course on the subjects listed in WAC 308-18-300. The exam shall consist of multiple choice questions. All applicants must answer all questions correctly on the preassignment training exam or questions incorrectly answered must be reviewed to ensure the applicant's understanding and then initialed by both the applicant and the trainer verifying knowledge of the correct answer(s).

History

Statutory Authority: Chapter 18.170 RCW. WSR 07-20-075, § 308-18-300, filed 10/1/07, effective 11/1/07
WSR 05-09-036, § 308-18-300, filed 4/14/05, effective 7/1/05. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. WSR 97-17-050, § 308-18-300, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-300, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-305 Minimum postassignment training requirements and training topics.

Postassignment training must consist of eight hours of training in any topics contained in this section. These topics may also be used in the annual refresher training. Training requirements are described in chapter 18.170 RCW.

(1) The topic areas that must be used for postassignment training are as follows and may also include the subject topics listed under WAC 308-18-300:

(a) Basic role of private security guards.

(i) Security awareness;

(ii) Private security guards and the criminal justice system;

(iii) Information sharing;

(iv) Crime and loss prevention.

(b) Legal aspects of private security.

(i) Evidence and evidence handling;

(ii) Use of force;

(iii) Court testimony;

(iv) Incident scene preservation;

(v) Equal employment opportunity (EEO) and diversity;

(vi) State and local laws.

(i) Ethics;

(ii) Honesty;

(iii) Professional image.

(d) Observation and incident reporting.

(i) Observation techniques;

(ii) Note taking;

(iii) Report writing.

(e) Principles of communications.

(i) Interpersonal skills;

(ii) Verbal communication skills;

(iii) Building relationships with law enforcement;

(iv) Customer services and public relations;

(v) Workplace violence.

(f) Principles of access control.

(i) Enter and exit control procedures;

(ii) Electronic security systems.

(g) Principles of safeguarding information.

Proprietary and confidential.

(h) Emergency response procedures.

Critical incident response (e.g., natural disasters. accidents, human caused events).

(i) Evacuation processes.

(j) Life safety awareness.

(i) Safety hazards in the workplace/surroundings;

(ii) Emergency equipment placement;

(iii) Fire prevention skills;

(iv) Hazardous materials;

(v) Occupational safety and health requirements (e.g., OSHA related training, bloodborne pathogens, etc.).

(k) Job assignment and postorders.

(i) Assignments and tasks;

(ii) Patrol.

(2) The required postassignment training records must be attested to by a licensed certified trainer and retained by the company. The postassignment training records must include the following information:

(a) Security guard name and signature;

(b) Training topics covered;

(d) Date training was completed;

(e) Certified trainer attesting to the training.

(3) Electronic records and signatures are permitted. The postassignment training records are not required to be submitted to the department, but must be available upon request from the company for three years.

(4) Security guard companies are required to maintain complete detailed training records. The training records must include the name and signature of the department certified trainer attesting to the training provided.

Transferring security guards may provide a copy of their training records to another security guard company. Security guard companies may accept the records as proof that the security guards have completed the required postassignment training and not repeat postassignment training.

History

Statutory Authority: Chapter 18.170 RCW. WSR 07-20-075, § 308-18-305, filed 10/1/07, effective 11/1/07
WSR 05-09-036, § 308-18-305, filed 4/14/05, effective 7/1/05.

Wash. Admin. Code § 308-18-310 Private security guard company principal examination requirements.

(1) All principals of a company who do not meet the experience requirements required by RCW 18.170.060, must pass an examination demonstrating their knowledge and proficiency in the following areas:

(a) All topics contained in the private security guard preassignment training course.

(b) Washington state law as it applies to private security guard licensing and regulation.

(d) General security management.

(2) The examination shall consist of a minimum of fifty questions based on information in the above required areas. A score of eighty-five percent must be achieved in order to pass the examination. Applicants who fail to achieve an eighty-five percent score will be required to wait a minimum of seven days before reexamination.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-310, filed 11/6/91, effective 12/7/91.

Wash. Admin. Code § 308-18-320 Certification of preassignment training trainers.

An individual must successfully score at least eighty-five percent on the agency principal examination to become a certified trainer. Individuals who fail to obtain an eighty-five percent score will be required to wait a minimum of seven days before reexamination. There is no limit on the number of certified trainers an individual private security guard company may have certified.

History

Statutory Authority: RCW 18.170.180. WSR 91-22-112, § 308-18-320, filed 11/6/91, effective 12/7/91.

Chapter 308-19 Bail bond agencies and bail bond agents.

Wash. Admin. Code § 308-19-010 Promulgation—Authority.

The director of the department of licensing, state of Washington, pursuant to the authority vested in the director by chapter 18.185 RCW, does hereby promulgate the following rules and regulations relating to the licensing of bail bond agencies and bail bond agents and bail bond recovery agents.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-010, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-010, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-010, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-020 Organization.

The department of licensing administers the Washington bail bond license law, chapter 18.185 RCW. Submissions and requests for information regarding bail bond agency licenses and bail bond agent and bail bond recovery agent licenses may be sent in writing to the Bail Bond Program, Business and Professions Division, Department of Licensing, P.O. Box 9649, Olympia, Washington 98507-9649.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-020, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-020, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-020, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-030 Definitions.

(1) Words and terms used in these rules shall have the same meaning as each has under chapter 18.185 RCW unless otherwise clearly provided in these rules, or the context in which they are used in these rules clearly indicates that they be given some other meaning. Also see RCW 18.185.010 for other definitions.

(2) "Principal partner" means the partner who is the qualified agent of a bail bond agency and who exercises operational control over the agency.

(3) "Bail bond" means the contract between the defendant, the surety and/or the court to insure the appearance of the accused before the court(s) at such time as the court may direct. These bonds may require annual renewal.

(4) "Property bond agent" means a surety that posts security in the form of personal or real estate for compensation to assure the appearance of a defendant.

(5) "Surety" as it relates to bail bonds, means the depositor/owner of cash if a cash bail bond, the property owner(s) if a property bond, the insurance company if a corporate surety bond, that guarantees performance of the bail bond contract for compensation.

(6) "Principal/defendant" means the accused, for whom a bail bond may be obtained.

(7) "Exonerate" means the discharging of the bail bond by the court.

(8) "Indemnitor" means the person placing security with an agency/agent, to secure the agency against loss for the release of a defendant(s) on a bail bond.

(9) "Clients" means defendants and indemnitors.

(10) "Affidavit" means a written statement made under oath as provided in RCW 10.19.160.

(11) "Indemnity agreement" means the contract signed by the indemnitor that states the obligations the indemnitor(s) is/are assuming.

(12) "Collateral receipt" means an accurate description of the security given to an indemnitor by the receiving agency's agent, in its fiduciary capacity, listing all collateral given as security for a bail bond and held by the agency/agent until the bail bond is exonerated by the court or a forfeiture occurs. The receipt shall name the owner of the collateral, the defendant, and the bond number, and specify the terms for redemption of the collateral including any fees charged for storage.

(13) "Surrender form" means the form used to return to custody a defendant for violation of bond conditions, and the indemnitor's withdrawal from a bail bond with an affidavit in accordance with RCW 10.19.160, or a letter of forfeiture from a court in accordance to the bail contract.

(14) "Letter of forfeiture" means a notice in varied forms, sent to a bail bond agency/branch office, advising the agency/branch office that a defendant who has secured a bail bond with that agency has failed to appear on a given date in a given court in accordance with RCW 10.19.090. The court has made a demand for the surrender of the defendant, or payment of the face amount of the bond by a given date.

(15) "Letter of demand" means any form of notice to the indemnitor/defendant that the collateral placed in trust has come under jeopardy because of a failure to appear or violation of bail.

(16) "Corporate surety bail bonds" means a bail bond contract that is guaranteed by a domestic, foreign or alien insurance company which has been qualified to transact surety insurance business in Washington state by the insurance commissioner.

(17) "Build-up fund" (also known as "BUF fund" or "escrow fund" or "trust fund") means that percentage of money obtained from collected premiums paid by the agent to the corporate surety company for the purpose of indemnifying the corporate surety from loss caused by the agent.

(18) "Endorsement" means that a bail bond agent or bail bond qualified agent licensee has met all licensing requirements for a bail bond recovery agent license and is authorized to perform the duties of both a bail bond agent and a bail bond recovery agent. Such licenses shall be issued by the department and will clearly state the dual purpose of the license.

(19) "Forced entry" means physical entry into a dwelling without the occupant's knowledge or consent for the purpose of apprehending a defendant subject to a bond.

(20) "Credentialed trainer" means an individual who has been certified by a state or national association to provide training to industry members based upon formal training and industry knowledge.

History

Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-030, filed 9/23/08, effective 11/1/08
WSR 05-08-027, § 308-19-030, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-030, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-030, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-100 Applying for a bail bond agent license.

After the applicant meets the requirements of RCW 18.185.020 they shall:

(1) Complete an application for a license on a form provided by the department of licensing.

(2) Inform the department if they have an insurance surety license and with what company they are affiliated.

(3) Pay a fee or fees as listed in WAC 308-19-130.

(4) Pass a written exam administered by the department or submit proof of 12 hours of prelicense training as provided in Part D, WAC 308-19-300. The training must have occurred within the previous six months or less.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-19-100, filed 1/6/26, effective 2/6/26. Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-100, filed 9/23/08, effective 11/1/08
WSR 05-08-027, § 308-19-100, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-100, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-100, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-101 Applying for a bail bond recovery agent license or endorsement to a bail bond agent license.

After the applicant meets the requirements of RCW 18.185.020 (1), (2) and (3), and is in good standing with the department, they shall:

(1) Complete an application for a license or an endorsement on a form provided by the department;

(2) Submit to a criminal history background check;

(3) Attest on the application form to having earned a high school diploma or GED or submit proof of three years experience in the bail industry;

(4) Submit a copy of a current and valid concealed pistol license;

(5) If applicant is retired or separated from a local or state police department, or a branch of the armed forces trained to carry out the duties of a peace officer within the last six years, submit proof to the department describing length of service, duties and date of retirement or separation or; submit a certificate or transcript showing the applicant has completed 32 hours of field operations classes as stated in WAC 308-19-305;

(6) Pay a fee or fees as listed in WAC 308-19-130;

(7) Pass a written exam administered by the department.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-19-101, filed 1/6/26, effective 2/6/26. Statutory Authority: RCW 18.235.030(1). WSR 16-13-002, § 308-19-101, filed 6/1/16, effective 7/2/16. Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-101, filed 9/23/08, effective 11/1/08
WSR 05-08-027, § 308-19-101, filed 3/30/05, effective 4/30/05.

Wash. Admin. Code § 308-19-102 Submitting fingerprints for a criminal history background check.

Every applicant for a bail bond recovery agent license or endorsement shall have a fingerprint criminal history background check conducted.

History

Statutory Authority: RCW 18.235.030(1). WSR 16-13-002, § 308-19-102, filed 6/1/16, effective 7/2/16. Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-102, filed 9/23/08, effective 11/1/08
WSR 05-08-027, § 308-19-102, filed 3/30/05, effective 4/30/05.

Wash. Admin. Code § 308-19-105 Applying for a bail bond agency license.

To qualify for a bail bond agency license the applicant shall:

Complete the requirements of the bail bond agent license and;

(1) Submit to the department proof of work experience as required under RCW 18.185.030 (1)(b).

(a) Work related experience shall include: Bail bonds, insurance, trust accounts, receiving collateral in a fiduciary capacity, and forms of underwriting.

(b) Applicants who do not have the required work experience shall train and pass an examination as stated under Part D, WAC 308-19-300.

(2) Complete an application for an agency license on a form provided by the department of licensing.

(3) Pay a fee or fees as required by WAC 308-19-130.

(4) Obtain a bond for the main office as required by RCW 18.185.070.

(5) The applicant shall disclose the surety(s) name, address, the attorney in fact, and whose name the build-up fund is in.

If the applicant changes their corporate surety, the applicant shall immediately advise the department.

(6) If the applicant provides security in the form of real property, the applicant shall advise the department of the names of the court(s) that have given approval for the placing of property bonds.

(7) Sole proprietorships shall act as the qualified agent of the agency without the payment of additional license fees.

(8) Partnerships or limited partnership applicants shall each apply, qualify and furnish their addresses to the director.

When a license is issued to a partnership, the principal partner shall act as the qualified agent of the agency without the payment of additional license fees.

(9) Applicants representing a corporation shall furnish a copy of the articles of incorporation, and a list of officers and departments and their addresses to the director.

When an agency license is issued to a corporation, the manager, officer, or chief operating officer shall act as the qualified agent of the agency without the payment of additional license fees.

(10) If the applicant represents a foreign corporation, they shall furnish a copy of its articles of incorporation, and a list of its officers and departments and their addresses to the department.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-19-105, filed 1/6/26, effective 2/6/26. Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-105, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-105, filed 12/13/99, effective 1/13/00.

Wash. Admin. Code § 308-19-107 Responsibilities of the qualified agent.

The qualified agent shall be responsible for all transactions, recordkeeping, and the employees of each office they are licensed as the qualified agent.

Under 18.185.010(5), a qualified agent is "an owner, sole proprietor, partner, manager, officer, or chief operating officer of a corporation who meets the requirements set forth in this chapter for obtaining a bail bond agency license." The qualified agent essentially serves as "manager" of the bail bond agency, and is responsible for all bail bond transactions conducted by the bail bond agents employed by the agency. See RCW 18.185.100 (qualified agent shall keep required records and ensure safekeeping of collateral or security); RCW 18.185.220 (every branch office must have a qualified agent serving as manager);

Each branch office must be managed by a qualified agent. A qualified agent may serve as a qualified agent of multiple offices. Although the qualified agent remains ultimately responsible for bail bond transactions, a qualified agent is permitted to delegate managerial functions to licensed bail bond agents. However, a qualified agent may not delegate managerial or supervisory functions to unlicensed staff because such functions necessarily involve participation in the sale or issuance of bail bonds.

Allowing unlicensed staff to participate in the sale or issuance of bail bonds could lead to charges of aiding or abetting unlicensed activity in violation of RCW 18.185.110(10) and 18.235.130(9).

Any agency going out of business in the state of Washington shall continue to be obligated on all outstanding bonds until the director receives notification from the jurisdiction in which the agency/branch offices are located that all bonds have been exonerated and the department of licensing has received no complaints from indemnitor about the return of collateral. The director may require an audit of the closing agency at any time upon notification of the closing of the agency.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-19-107, filed 1/6/26, effective 2/6/26. Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-107, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-107, filed 12/13/99, effective 1/13/00.

Wash. Admin. Code § 308-19-110 Applying for a bail bond agency branch office license.

A licensed bail bond agency may establish a branch office by meeting the following requirements.

(1) Each branch office shall have a licensed qualified agent.

(2) Complete an application form provided by the department of licensing.

(3) Pay the fee or fees as required under WAC 308-19-130.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-110, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-110, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-110, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-120 Bail bond recovery agent, bail bond agency, branch office and agent license applications—Conditions.

Any person desiring to obtain a bail bond recovery agent, bail bond agency, bail bond branch office or bail bond agent license shall make application on a form prescribed by the director and pay a fee as prescribed by WAC 308-19-130.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-120, filed 3/30/05, effective 4/30/05. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-120, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-130 Bail bond recovery agent, bail bond agency, branch office and bail bond agent fees.

The following fees for a one-year period shall be charged by business and professions division of the department of licensing:

| Title of Fee | Fee | | | --- | --- | --- | | Bail bond agency/branch office: | | | | | Application | $740.00 | | | License renewal | 615.00 | | | Late renewal penalty | 60.00 | | Bail bond agent: | | | | | Original license | 540.00 | | | License renewal | 615.00 | | | Late renewal penalty | 35.00 | | | Change of qualified agent | 250.00 | | | Original endorsement to the bail bond agent license | 100.00 | | | Endorsement renewal | 100.00 | | | Endorsement renewal with penalty | 150.00 | | Bail bond recovery agent license: | | | | | Original license plus current applicable background check fees | 490.00 | | | License renewal | 515.00 | | | Late renewal penalty | 35.00 | | Examinations: | | | | | Reexamination fee | 25.00 | | | License print fee | 5.00 |

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-19-130, filed 10/21/22, effective 11/22/22. Statutory Authority: RCW 18.235.030(1). WSR 16-13-002, § 308-19-130, filed 6/1/16, effective 7/2/16. Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-130, filed 9/23/08, effective 11/1/08
WSR 06-21-082, § 308-19-130, filed 10/17/06, effective 11/17/06
WSR 05-08-027, § 308-19-130, filed 3/30/05, effective 4/30/05. Statutory Authority: RCW 43.24.086 and chapter 18.185 RCW. WSR 02-07-067, § 308-19-130, filed 3/18/02, effective 7/1/02. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-130, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-140 Renewal and expiration of licenses and endorsements.

(1) Licenses and endorsements issued to bail bond agents, bail bond agencies, branch offices, or bail bond recovery agents expire one year from the date of issue.

(2) Licenses and endorsements must be renewed each year on or before the date of expiration and a renewal fee as prescribed by the director in WAC 308-19-130 must be paid.

(3) If the application for a license or endorsement renewal is not received by the director on or before the renewal date, a penalty fee as prescribed by the director in WAC 308-19-130 shall be paid. Acceptance by the director of an application for renewal after the renewal date shall not be a waiver of the delinquency.

(4) A license or endorsement shall be canceled if an application for a renewal of that license or endorsement is not received by the director within one year from the date of expiration. A person may obtain a new license or endorsement by satisfying the procedures and qualifications for licensing, including the successful completion of any current examination and education requirements.

(5) No bail bond agent, or bail bond agency shall engage in the sale or issuance of bail bonds if their license has expired. No bail bond recovery agent shall perform the duties of a bail bond recovery agent if their license has expired.

(6) When the director receives verification that a bail bond agent or recovery agent license has expired or has been revoked or suspended, the director shall advise correction centers.

(7) By renewing the bail bond agent, bail bond recovery agent, or bail bond qualified agent license with the department, the licensee is making declaration that they have met the requirements for annual continued education.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-19-140, filed 1/6/26, effective 2/6/26. Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-140, filed 9/23/08, effective 11/1/08
WSR 05-08-027, § 308-19-140, filed 3/30/05, effective 4/30/05
WSR 04-01-021, § 308-19-140, filed 12/8/03, effective 1/12/04
WSR 00-01-061, § 308-19-140, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-140, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-150 Cancellation of employment.

(1) A person licensed as a bail bond agent may perform duties and activities as licensed only under the direction and supervision of a licensed qualified agent and as a representative of a bail bond agency.

(2) Either the agency or agent may cancel this relationship. The agency's qualified agent must send a written notice of the cancellation to the department of licensing immediately and include the agent's license held by the agency. Notice of cancellation shall be provided by signature of the agency's qualified agent on the surrendered license. The cancellation date shall be the postmark date or date the license is hand delivered to the department. If the license held by the agency cannot be surrendered to the department because the license has been lost, the qualified agent shall complete and submit an affidavit of lost license on a form approved by the department explaining why the license has been lost and for how long the license has not been on display.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-150, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-150, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-150, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-160 Inactive licenses.

(1) Any license issued under chapter 18.185 RCW, and not otherwise revoked or suspended shall be deemed "inactive" at any time it is delivered to the director. Until reissued, the holder of an inactive license shall be deemed to be unlicensed.

(2) An inactive license may be placed in an active status upon completion of an application as provided by the director and upon compliance with chapter 18.185 RCW.

(3) An inactive license may not be renewed. The inactive license will be canceled if not activated by the expiration date. To obtain a new license the person must satisfy the procedures and qualifications for initial licensing, including the successful completion of any examination and education requirements.

(4) The provisions of chapter 18.185 RCW relating to the denial, suspension, and revocation of a license shall be applicable to an inactive license as well as an active license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-160, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-160, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-160, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-200 Location of license documents.

Licenses and endorsements of all bail bond agency and bail bond agents shall be kept in the office located at the address appearing on the license.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-200, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-200, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-200, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-210 Change of address.

The qualified agent of a bail bond agency shall notify the department of any change of location and mailing address of the agency office within ten working days by filing a completed change of address form approved or provided by the department.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-210, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-210, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-210, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-220 Responsibilities as a licensee in addition to the other obligations and responsibilities outlined in chapter 18.185 RCW and chapter 308-19 WAC.

It is the responsibility of each and every licensee to obtain a copy of and be knowledgeable of and keep current with the rules implementing chapter 18.185 RCW.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-220, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-220, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-220, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-230 Criminal complaint or action.

Every licensee shall notify in writing, within twenty days after service or knowledge thereof, the office of the bail bond program, business and professions division, department of licensing of any criminal complaint, information, indictment, or conviction (including a plea of guilty or nolo contendere) in which the licensee is named as a defendant.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-230, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-230, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-230, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-240 Bail bond agency and branch office required records.

The following requirements and prohibitions apply to all records and documents required to be maintained by chapter 18.185 RCW, or in these rules:

(1) They shall be maintained in accordance with generally accepted accounting practices.

(2) No person shall make any false or misleading statement, or make false or misleading entry, or willfully fail to make any entry required to be maintained or made, in any such record or document.

(3) No person shall willfully fail to produce any such record or document for inspection by the department.

(4) The minimum records the qualified agent or principal partner of a bail bond agency shall be required to keep are:

(a) Bank trust account records;

(b) Duplicate receipt book or receipt journal;

(d) Check register or cash disbursement journal;

(e) Validated bank deposit slips;

(f) Reconciled bank monthly statement (client liability vs bank statement);

(g) All canceled checks;

(h) All voided checks;

(i) "Client information" which includes defendant's name, application, dates of transactions, amount received, amount disbursed, current balance, check number, item(s) covered, indemnitor's agreement, and indemnity agreements, premium receipts, collateral receipt(s), letter(s) of forfeiture or surrender form(s), letter(s) of demand and affidavit(s), if surrendered before a forfeiture has occurred, and any written information or communication that may have influence on the bail bond or collateral placed for the bail bond;

(j) A transaction folder or file containing a copy of all agreements, invoices, billings, and related correspondence for each transaction;

(k) Records or description of all collaterals, securities, or monetary instruments received or held in the bail bond business transactions;

(l) Records of training and/or continuing education for each bail bond agents employed in that agency;

(m) Records of exoneration of all bail bond transactions which include: (i) Court, citation or case number (ii) date of issuance of the bail (iii) the defendant's name, address and telephone number (iv) amount of the bond (v) name of the court (vi) date of exoneration of the bond.

(5) The above records shall be maintained for a minimum period of three years.

(6) All funds and monetary instruments received by the agency from customers or clients in business transactions shall be deposited into the trust account within three working days of receipt.

(7) All money spent on behalf of a client must be deposited in and disbursed from the agent's collateral trust account, including advances, loans or money from the agency's business account to the collateral trust account to pay expenses.

(8) The bail bond agent must secure an invoice or billing from any party who provides a service on behalf of the defendant and must include the cost for the service, a description of the service provided, and the service provider's name, address, telephone number, and UBI number (Uniform Business Identifier).

(9) Bail bond agents must secure an affidavit from any party who purchases or takes possession of collateral being liquidated. The affidavit must state the name, address and telephone number of the party(ies) acquiring the property along with a complete description of the property, serial number or other unique identifying number, and the dollar value of the collateral being liquidated with an explanation of how the dollar value was estimated.

(10) If the bail bond agent or agency provides other services to the indemnitor or client, the firm must provide full disclosure in writing of the agent's relationship with any persons providing such services, and prior disclosure of fees charged. The written disclosure must be maintained in the client's transaction file for a minimum period of three years. For purposes of this section, "other services" shall mean services unrelated to the issuance and posting of bail.

(11) The bail bond agent must provide each indemnitor or client a receipt for all personal property. The bail bond agent shall keep a duplicate of all receipts. The receipt will include:

(a) Date of receipt;

(b) Complete description of the property to include serial numbers or other unique identifying numbers;

(d) A file or case number the receipt relates to.

(12) The bail bond agent shall maintain an individual ledger card to post all bank charges of any nature, including credit card charges. Accrued interest shall be posted to the individual ledger card. If bank charges exceed the interest earned, causing the trust account to be lower than client liability, the bail bond agent shall immediately deposit funds into the trust account to bring the trust account into balance. For purposes of this subsection, "immediately" shall mean within one banking day after the bail bond agent receives notice that the trust account is lower than client liability. All interest accruing on the trust bank account must be withdrawn at least once monthly.

(13) Contracts as described in RCW 18.185.270(2) between the bail bond agent and the bail bond recovery agent.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-240, filed 3/30/05, effective 4/30/05. Statutory Authority: RCW 43.24.086 and chapter 18.185 RCW. WSR 02-07-067, § 308-19-240, filed 3/18/02, effective 7/1/02. Statutory Authority: Chapter 18.185 RCW. WSR 00-01-061, § 308-19-240, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-240, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-250 Bail bond agency audits and inspections.

All records required to be maintained by a qualified agent of a bail bond agency by chapter 18.185 RCW, or these rules, together with any other business or other types of records of a licensee which may be related to the bail bond activity, together with any personal property which may be the subject of, or related to, a bail bond business transaction shall be subject to inspection and audit at any reasonable time, with or without notice upon demand by the department of licensing, for the purposes of determining compliance or noncompliance with the provisions of chapter 18.185 RCW, and these rules.

If records requested by the department are not immediately available because they are not physically present upon the premises at the time the demand is made, they shall be procured and produced to the department as soon as possible, but in any event within twenty-four hours, by the licensee.

A reasonable time for the conduct of such inspection and audit shall be:

(1) If the records or items to be inspected or audited are located anywhere upon a premise any portion of which is open for business or to the public (or members and guests), then at any time the premises are so open, or at which they are usually open; or

(2) If the records or items to be inspected or audited are not located upon a premise set out in subsection (1) of this section, then any time between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-250, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-250, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-250, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-300 Prelicense training and examination requirements for bail bond agents, bail bond agency, and qualified bail bond agent license applicants.

(1) Beginning November 1, 2008, all bail bond agents and qualified agent applicants must provide proof of twelve hours of training or take a written state exam and achieve a passing score of at least eighty-five percent.

(a) The prelicense training must consist of eight hours of instruction provided by a credentialed trainer or other department approved source in the topic requirements listed below in subsection (3) of this section;

(b) The prelicense training must also consist of four hours of self study or formal training in the laws and rules relating to bail bonds.

(2) Proof of the eight hours of prelicense instruction provided by a credentialed trainer or other department approved source must be submitted with the bail bond agent or qualified agent application form provided by the department.

(3) The prelicense bail bond agent training topic requirements include:

(a) The basics of bail bonds;

(b) Responsibilities of a bail bond agent;

(d) Court jurisdiction;

(e) Articulated offense;

(f) Understanding the liability in surety bonds;

(g) Role in criminal justice;

(h) The rights of the clients;

(i) Ethics pertaining to how to treat your clients;

(j) Sexual harassment between agents and clients;

(k) Transporting clients;

(l) Phone service in jails;

(m) How to be in compliance with jail requirements;

(n) Collect call companies;

(o) Harassment and no contact orders of the client;

(p) Collateral;

(q) General recordkeeping;

(r) Contracts;

(s) Basic requirements of bail bond recovery agents;

(t) Understanding of the privacy laws;

(u) The basics of notaries;

(v) Basic understanding of the trust account; and

(w) Application of the Consumer Protection Act.

(4) Approved sources for bail bond agent prelicense training include:

(a) National or local industry associations;

(b) Certified bail agent online education courses;

(d) Other sources determined by the department.

(5) The examination requirement for qualified bail bond agent license applicants under RCW 18.185.030 (1)(a), shall also include, as a minimum:

(a) All of the subjects as listed in subsection (3) of this section; and

(b) At a minimum, the following subjects:

(i) Recordkeeping and filing;

(ii) Business licensing, taxation and related reporting and recordkeeping requirements.

(iii) Personnel management;

(iv) Laws relating to employment;

(v) The Americans with Disabilities Act;

(6) A score of eighty-five percent must be achieved in order to pass the examination. Applicants who fail to achieve an eighty-five percent score will be required to wait a minimum of seven days before reexamination.

History

Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-300, filed 9/23/08, effective 11/1/08
WSR 05-08-027, § 308-19-300, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-300, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 § 13. WSR 93-21-053, § 308-19-300, filed 10/18/93, effective 11/18/93.

Wash. Admin. Code § 308-19-302 Continuing education for bail bond agents.

(1) Beginning July 1, 2009, all bail bond agents and qualified agents must provide proof of four hours of continued education before their license can be renewed. Proof must be submitted on a form provided by the department.

(2) Continued education must be in the following topic areas:

(a) How to work with the courts systems;

(b) Refresher course relating to relative laws;

(d) Transporting defendants between other states; and

(e) Other topics applicable to the profession.

(3) Approved continued education providers include:

(a) National or local industry associations;

(b) Certified bail agent online education courses; and

(4) Continued education hours cannot be carried forward to the following year.

(a) A licensee may not repeat a course for credit during the same renewal period.

(b) Continued education courses must be taken within the same year of the renewal period.

(c) Licensees acting as a credentialed trainer of an approved continued education course will receive the same credit for the course they teach as the licensees attending receive.

(5) By renewing the bail bond agent or bail bond qualified agent license with the department, the licensee is making declaration that they have met the requirements for annual continued education.

History

Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-302, filed 9/23/08, effective 11/1/08.

Wash. Admin. Code § 308-19-305 Minimum prelicense training requirements and exceptions for bail bond recovery agents.

(1) Applicants for a license or an endorsement as a bail bond recovery agent must complete not less than 32 hours of prelicense training in field operations and self-study in the following subjects, except as otherwise provided in this section.

(a) Prelicense training in civil or criminal law can be achieved through public or private instruction or self-study and must include the following training topics:

(i) State statutes relating to bail regulations;

(ii) Constitutional law;

(iii) Procedures for surrendering defendants into custody;

(iv) Procedures for exoneration;

(v) Civil liability;

(vi) Civil rights of persons who are detained in custody;

(vii) Basic principles of identifying and locating defendants to include public records and confidentially, and surveillance;

(viii) Contracts;

(ix) Powers of a bail bond recovery agent;

(b) Prelicense training in procedures for field operations can be achieved through public or private instruction and must include the following training and certifications:

(i) Training in use of force and degrees of force, including verbal, Taser X/M26, baton either expandable, straight stick, or side handle, and oleo capsicum resin sprays or foams rated at 100,000 to 2,000,000 Scoville Heat Units;

(ii) Safety techniques;

(iii) Entering and searching buildings;

(iv) The custody and transportation of prisoners including persons who are violent, emotionally disturbed or under the influence of alcohol, or drugs;

(v) Defensive tactics;

(vi) Application of restraints/handcuffing procedures;

(vii) All applicants shall obtain gun safety training from an approved trainer, or applicants intending to carry a firearm as a bail bond recovery agent shall obtain and keep current firearm certification from the criminal justice training commission;

(viii) Certification in the following defensive tools: Taser X/M26, baton either expandable, straight stick, or side handle, and oleo capsicum resin sprays or foams rated at 100,000 to 2,000,000 Scoville Heat Units within 12 months of applying for a license or endorsement.

(2) In place of completing the prelicense training in procedures for field operations established in subsection (1) of this section required under RCW 18.185.260, an applicant may submit proof to the department that they have completed a course of training required by a municipal, state or federal law enforcement agency or a branch of the armed forces to carry out the duties of a peace officer within the past six years.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-19-305, filed 1/6/26, effective 2/6/26. Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-305, filed 9/23/08, effective 11/1/08
WSR 05-08-027, § 308-19-305, filed 3/30/05, effective 4/30/05.

Wash. Admin. Code § 308-19-310 Prelicense examination requirements for bail bond recovery agents.

Each applicant for a bail bond recovery agent license or endorsement shall pass an examination demonstrating their knowledge and proficiency in all of the training requirements set forth in WAC 308-19-305. Applicants who fail to achieve a passing score of eighty-five percent will be required to wait a minimum of seven days before reexamination and pay the required reexamination fee.

History

Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-310, filed 9/23/08, effective 11/1/08
WSR 05-08-027, § 308-19-310, filed 3/30/05, effective 4/30/05.

Wash. Admin. Code § 308-19-315 Study guide for the prelicense bail bond recovery agent examination.

All of the information listed below can be found on the internet. Public libraries offer free access to the use of the internet. Applicants may also access this study guide on the department's internet website and will link directly to the study resource material.

(1) Chapter 18.185 RCW.

(2) Chapter 9.73 RCW Privacy.

(3) Chapter 42.17 RCW (sections 250 through 348) Public disclosure.

(4) Title 9A RCW (chapters 04, 08, 16, 36, 40, 42, 46, 50, 52, 56, 60, 68, 72, 76, 82) Washington state criminal code.

(5) Chapter 10.19 RCW Appearance bonds.

(6) Chapter 10.88 RCW Uniform Criminal Extradition Act.

(7) Chapter 9.41 RCW Firearms and dangerous weapons.

(8) Federal Privacy Act (5 U.S.C. 552A).

(9) Freedom of Information Act (5 U.S.C. 552).

(10) Fair Credit Reporting Act (15 U.S.C. 1681).

(11) Federal Wiretapping Act (18 U.S.C.).

(12) Gramm-Leach-Bliley Act.

(13) Title 28 of the U.S. Code.

(14) Chapter 35.20 RCW Municipal courts.

(15) Title 2 RCW Courts of records.

(16) Title 3 RCW District courts/courts of limited jurisdictions.

(17) Title 4 RCW Civil procedures.

(18) Taylor vs. Taintor.

(19) Washington criminal justice training commission use of force continuum.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-315, filed 3/30/05, effective 4/30/05.

Wash. Admin. Code § 308-19-320 Minimum education requirements for bail bond recovery agents.

All applicants for a bail bond recovery agent license or endorsement shall have a minimum of a high school education or GED or a minimum of three years of full-time, verifiable experience in the bail bond industry.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-320, filed 3/30/05, effective 4/30/05.

Wash. Admin. Code § 308-19-330 Continued education and recertification for bail recovery agents.

(1) Beginning July 1, 2009, bail recovery agents must attest to having participated in at least eight hours of annual training in applicable fields of study relating to the operations of bail recovery to be eligible for renewing their license. Bail recovery agents must keep a record of the annual training and make the record available to the department for three years.

(2) If a bail recovery agent carries a firearm, or other weapons, it is their obligation to be recertified annually. The hours for firearm, or other weapons, recertification cannot be counted towards annual training hours.

(3) By renewing the bail bond recovery agent license with the department, the licensee is making declaration that they have met the requirements for annual continued education.

History

Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-330, filed 9/23/08, effective 11/1/08.

Wash. Admin. Code § 308-19-400 Brief adjudicative proceeding.

The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request, and/or at the discretion of the director pursuant to RCW 34.05.482, for the categories of matters set forth below. Brief adjudicative proceedings will be limited to a determination of one or more of the following issues:

(1) Whether an applicant for a license meets the minimum criteria for a license to practice as a bail bond recovery agent, bail bond agency, qualified agent, branch office or bail bond agent in this state and the department proposes to deny the application;

(2) Whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department;

(3) Whether an education course or curriculum meets the criteria for approval when approval by the department is required or authorized by statute or rule; and

(4) Whether a license holder requesting renewal has submitted all required information and whether a license holder meets minimum criteria for renewal.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-19-400, filed 10/5/18, effective 11/5/18. Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-400, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-400, filed 12/13/99, effective 1/13/00. Statutory Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c). WSR 97-10-047, § 308-19-400, filed 5/1/97, effective 6/1/97.

Wash. Admin. Code § 308-19-410 Records used in a brief adjudicative proceeding.

(1) The preliminary record with respect to an application for an original or renewal license or for approval of an education course or curriculum shall consist of:

(a) The application for the license, renewal, or approval and all associated documents;

(b) All documents relied upon by the department in proposing to deny the license, renewal, or approval; and

(c) All correspondence between the applicant for license, renewal, or approval and the department regarding the application.

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the department regarding compliance with the final order or agreement; and

(d) All documents relied upon by the department showing that the license holder has failed to comply with the previously issued final order or agreement.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-19-410, filed 10/5/18, effective 11/5/18. Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-410, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-410, filed 12/13/99, effective 1/13/00. Statutory Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c). WSR 97-10-047, § 308-19-410, filed 5/1/97, effective 6/1/97.

Wash. Admin. Code § 308-19-420 Conducting a brief adjudicative proceeding.

(1) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the director. The presiding officer for brief adjudicative proceedings shall not have personally participated in the decision, which resulted in the request for a brief adjudicative proceeding.

(3) The presiding officer for brief adjudicative proceedings may, in their discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ department expertise as a basis for the decision.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-19-420, filed 1/6/26, effective 2/6/26. Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-420, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-420, filed 12/13/99, effective 1/13/00. Statutory Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c). WSR 97-10-047, § 308-19-420, filed 5/1/97, effective 6/1/97.

Wash. Admin. Code § 308-19-430 False or misleading advertising.

(1) Every advertisement by a licensee that solicits or advertises business shall contain the name of the business exactly as stated on the bail bond agency license, and the physical address of the business as stated on the bail bond agency license, and the bail bond agency license number. A licensed bail bond agency may advertise under a registered trade name of the licensee provided that the registered trade name is stated exactly as documented with the state of Washington master license service. Licensees under this chapter must notify the department in writing, of any registered trade names intended for use in future advertising.

(2) Telephone book directory listings that are for the purpose of providing the business name, address, and telephone number only, are not required to include the license number.

(3) The department has authority to discipline bail bond agents for advertising that is false, fraudulent or misleading, RCW 18.185.110(5) and 18.235.130(3).

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-430, filed 3/30/05, effective 4/30/05
WSR 00-01-061, § 308-19-430, filed 12/13/99, effective 1/13/00.

Wash. Admin. Code § 308-19-440 Standards of professional conduct.

(1) A bail bond agent shall maintain a detailed record of any collateral taken as security on any bond to the principal, indemnitor, or depositor of such collateral.

(2) A bail bond agent shall preserve or retain separately any collateral or to retain any collateral taken as security on any bond.

(3) A bail bond agent shall not have an outstanding judgment on a bail forfeiture, which judgment is or has been subject to execution on demand.

(4) A bail bond agent shall not use a relationship with any person employed by a jail facility to obtain referrals, or pay a fee or rebate or give or promise anything of value to any person having the power of arrest or having control of federal, state, county, or municipal prisoners, trustees or prisoners incarcerated in any jail, prison or any other place used for the incarceration of persons.

(5) A bail bond agent shall not require as a condition of their executing a bail bond that the principal or defendant agree to engage the services of a specific attorney.

(6) A bail bond agent shall not prepare or issue forged bonds or a forged power of attorney.

(7) A bail bond agent shall not arrest or make a threat of arrest to a defendant when the defendant or the indemnitor fails to fulfill a promise to repay credit extended by the bail bond agent.

(8) A bail bond agent shall not pay a fee or rebate or give or promise anything of value to the principal or anyone on their behalf.

(9) A bail bond agent shall not pay a fee or rebate or give anything of value to an attorney in bail bond matters, except for legal services actually rendered on behalf of the bail bond agent.

(10) A bail bond agent shall not pay a fee or rebate or pay for a referral except from another bonding company, or promise anything of value to a person in order to secure a settlement, compromise, remission or reduction of the amount of any bail bond.

History

Statutory Authority: RCW 18.165.170, 18.170.180, and 18.235.030. WSR 26-02-056, s 308-19-440, filed 1/6/26, effective 2/6/26. Statutory Authority: Chapter 18.185 RCW. WSR 00-01-061, § 308-19-440, filed 12/13/99, effective 1/13/00.

Wash. Admin. Code § 308-19-445 Contract requirements between the bail bond agent and the bail bond recovery agent.

The purpose of the contract as required in RCW 18.185.270 is to provide information to the public and law enforcement officers to clarify authority and to identify the parties involved during the act of locating and apprehending a fugitive. The contract is to administrate the transfer of information regarding the identity of the fugitive.

(1) There shall be an individual contract on a form provided by the department between the bail bond agent and the bail bond recovery agent for each fugitive.

(2) A bail bond agent shall provide a bail bond recovery agent a copy of each individual contract on a form provided by the department.

(3) The contract form provided by the department shall not prevent a bail bond agent or a bail bond recovery agent from having additional contracts or agreements for conducting the course of their business transaction.

(4) The bail bond agent shall provide to the bail bond recovery agent a photograph of the fugitive if one is available.

(5) The original signed contract shall be kept by the bail bond agency for at least three years and be made available upon request by the department.

(6) Facsimile signatures shall be as effective as if originals.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-445, filed 3/30/05, effective 4/30/05.

Wash. Admin. Code § 308-19-450 Planned forced entry and forced entry reporting—Procedure requirements.

When the apprehension of a fugitive defendant meets the definition of RCW 18.185.010(12) Planned forced entry, the bail bond recovery agent shall follow the procedure requirements in RCW 18.185.300.

(1) In addition to the minimum notification requirements of RCW 18.185.300, the notification to law enforcement must provide any prior known risk factors of which the bail bond recovery agent is aware including knowledge regarding any warrants.

(2)(a) Beginning November 1, 2008, bail recovery agents shall report to the department within ten business days after a forced entry on a form provided by the department the following information:

(i) Date and time of the forced entry;

(ii) Location;

(iii) Defendant name;

(iv) Bail bond agent named on the recovery contract;

(v) Bail recovery agent names who participated in the forced entry;

(vi) Was any person present during the forced entry injured?

(vii) Was property damaged?

(viii) Was the defendant present?

(ix) Was the defendant surrendered to jail?

(b) The Forced Entry Reporting Form can be submitted to the department by email, fax or regular postage mail to the address information on the form.

History

Statutory Authority: Chapter 18.185 RCW. WSR 08-20-036, § 308-19-450, filed 9/23/08, effective 11/1/08
WSR 05-08-027, § 308-19-450, filed 3/30/05, effective 4/30/05.

Wash. Admin. Code § 308-19-455 Bail bond recovery agent badge.

The approved badge for bail bond recovery agents is a round gold star burst with a round blue ribbon with gold letters stating bail bond recovery agent. The center of the badge displays a picture of the liberty bell and lady justice. If the license number is attached beneath the badge, the department issued license number shall be used.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-455, filed 3/30/05, effective 4/30/05.

Wash. Admin. Code § 308-19-460 Firearms certification procedure through criminal justice training commission.

Individuals licensed as a bail bond recovery agent who carry a firearm while performing the duties of a bail bond recovery agent shall be required to successfully complete a prescribed course of instruction from a certified instructor of the Washington State Criminal Justice Training Commission located at 19010 1st Avenue South, Burien, Washington 98140 - Telephone: 206-835-7300.

History

Statutory Authority: Chapter 18.185 RCW. WSR 05-08-027, § 308-19-460, filed 3/30/05, effective 4/30/05.

Chapter 308-20 Cosmetology—Barber—Manicurist—Esthetician rules.

Wash. Admin. Code § 308-20-010 Definitions.

(1) "Chemical compounds formulated for professional use only" are those compounds containing hazardous chemicals in a form not generally sold to the public; including but not limited to, bulk concentrates of permanent wave solution, neutralizers, chemical relaxers, oxidizing agents, flammable substances, facial creams, or approved chemical compounds. These compounds must be designated for use on the hair, face, neck, skin, or scalp.

(2) "Monthly student report" are forms provided by the school, approved by the department, preprinted with the school name. The report must include the month, year and daily activities of the student in each subject, (i.e., number of shampoos, haircuts, perms, colors, etc.) within each course (i.e., barbering, manicuring, cosmetology, hair design, esthetics, master esthetics, or instructor-trainee).

(3) "Completed and graduated" is the completion of the school curriculum and the state approved minimum hourly course of training.

(4) "Apprentice salon/shop" is a location certified by the Washington state apprenticeship and training council, that provides training for individuals accepted into the apprenticeship program. Apprentice salon/shops shall not receive payment from the apprentice for training.

(5) "Apprentice trainer" is a person that is currently licensed and in good standing. This person provides training in a licensed shop approved for the apprenticeship program, who must have received journey level training and have held a license in the curriculum for which he or she is providing training for a minimum of three years.

(6) "Journey level training" is the completion of three years working as a licensed cosmetologist, hair designer, barber, manicurist, esthetician, or master esthetician.

(7) "Completion of the apprenticeship training" is the completion of the apprentice salon/shop curriculum that includes the state approved hourly course of training as described in WAC 308-20-080.

(8) "Monthly apprentice report" forms provided by the apprentice shop, approved by the department, printed with the shop name, for use in recording apprentice training hours and activities.

(9) "Online training" means an approved electronic learning environment through a licensed school in which a student is enrolled. Online training may be used for up to fifty percent of the approved course of study.

(10) "Accreditation" is a status granted to a postsecondary school by one or more of the accrediting organizations recognized and approved by the U.S. Secretary of Education. Accreditation is voluntary and does not imply automatic transfer of credits from one postsecondary school to another.

(11) "Admission requirements" means the specific minimum criteria a school must use when accepting a student into the school.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 20-21-002, § 308-20-010, filed 10/8/20, effective 11/8/20
WSR 17-19-049, § 308-20-010, filed 9/12/17, effective 10/13/17. Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-033, § 308-20-010, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-010, filed 3/2/10, effective 4/2/10. Statutory Authority: RCW 18.16.030, 43.24.023. WSR 08-22-029, § 308-20-010, filed 10/28/08, effective 2/1/09. Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. WSR 05-17-020, § 308-20-010, filed 8/4/05, effective 9/4/05
WSR 04-05-005, § 308-20-010, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-010, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW 18.16.030(2). WSR 02-04-012, § 308-20-010, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-006, § 308-20-010, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-010, filed 5/10/91, effective 6/10/91
WSR 88-19-047 (Order PM 772), § 308-20-010, filed 9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-20-010, filed 9/12/84. Formerly chapters 308-16 and 308-24 WAC.

Wash. Admin. Code § 308-20-025 Natural hair braiding—Exemption.

Nothing in chapter 18.16 RCW or 308-20 WAC prohibits or restricts the practice of natural hair braiding. Natural hair braiding does not include hair cutting, application of dyes, reactive chemicals or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair. Natural hair braiding may involve the use of hair extensions when the extensions are attached only by natural means.

History

Statutory Authority: RCW 18.16.030(4) and 43.24.23 [43.24.023]. WSR 15-07-020, § 308-20-025, filed 3/10/15, effective 4/10/15.

Wash. Admin. Code § 308-20-040 Student records.

(1) Schools shall collect and record monthly and final student reports. These reports as described in WAC 308-20-010 shall contain the cumulative number of hours the student has attended class and the number of times the student performs an activity as described in WAC 308-20-080. The hours attended shall not be recorded in less than one-quarter hour increments. Each monthly report shall include the month and the year.

(2) Monthly and final student reports shall be signed by an instructor who is licensed in the curriculum being taught and is employed at the school where the student is enrolled.

(3) The school shall certify that a student has satisfied the minimum instruction guidelines described in WAC 308-20-080 at the time the final hours are reported to the department.

(4) Schools shall maintain student records on the school premises for at least three years. The student records shall include documentation of student training including the monthly student reports.

(5) The school shall notify the department of the persons authorized to sign student records on the school data sheet.

History

Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-040, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW 43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-040, filed 3/2/10, effective 4/2/10. Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. WSR 04-05-005, § 308-20-040, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-040, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW 18.16.030(2). WSR 02-04-012, § 308-20-040, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-006, § 308-20-040, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-040, filed 5/10/91, effective 6/10/91
WSR 88-19-047 (Order PM 772), § 308-20-040, filed 9/14/88. Statutory Authority: RCW 18.16.030(2) and 18.16.140 as amended by 1987 c 445 § 1. WSR 87-21-010 (Order PM 681), § 308-20-040, filed 10/9/87. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-20-040, filed 9/12/84.

Wash. Admin. Code § 308-20-055 Apprentice records.

(1) Apprentice salon/shops shall collect and record monthly and final apprentice training records. These reports described in WAC 308-20-010(8) shall contain the cumulative number of hours the apprentice has earned in each area of the minimum instruction guidelines and the number of times an apprentice performs an activity. Records shall include the month, year, and daily activities of the apprentice in each subject.

(2) Copies of each apprentice's records shall be kept on file at the apprentice salon shop for the duration of training for each apprentice and provided to the apprentice and the apprenticeship program at the end of each month of training.

(3) Monthly and final apprentice records shall be signed by the apprentice trainer. The apprentice salon/shop shall notify the department of persons authorized to sign the apprentice's records on forms provided by the department.

(4) The apprenticeship program shall certify that an apprentice has satisfied the minimum instruction guidelines required in the standards of the apprenticeship program as described in WAC 308-20-080 at the time the final hours are reported to the department.

(5) The apprentice records shall be maintained by the shop during the training and by the Washington state apprenticeship and training committee for three years once training is completed. The apprentice records shall include documentation of apprentice training.

History

Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-033, § 308-20-055, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-055, filed 11/26/13, effective 1/1/14
WSR 08-22-029, § 308-20-055, filed 10/28/08, effective 2/1/09. Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. WSR 04-05-005, § 308-20-055, filed 2/6/04, effective 3/8/04.

Wash. Admin. Code § 308-20-065 Student and apprentice registration.

(1) All schools and apprentice shops shall register any new student to the department in a manner and format prescribed by the department.

(2) At least one time per month, on or before the tenth day of the month, schools and apprentice shops shall submit to the department, a record of each student or apprentice's accrued clock hours in a manner and format prescribed by the department. A school or apprentice shop's initial submission of clock hours shall include all hours accrued at the school or apprentice shop and all transferred hours received by the school or apprentice shop.

(3) Upon graduation, a school shall certify in a manner and format prescribed by the department that a student has completed the curriculum hours approved by the department.

(4) Upon completion of the apprenticeship training program, the apprentice shop shall certify in a manner and format prescribed by the department that an apprentice has completed the minimum number of training hours approved by the department.

(5) Schools and apprentice shops shall report a student or apprentice's withdrawal or termination to the department, in a manner and format prescribed by the department, within ten calendar days of the withdrawal or termination.

(6) Schools and apprentice shops shall report a student or apprentice's leave of absence request approved by the school or apprentice shop to the department, in a manner and format prescribed by the department, within ten calendar days of the start date of the leave.

History

Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-065, filed 11/26/13, effective 1/1/14
WSR 08-22-029, § 308-20-065, filed 10/28/08, effective 2/1/09.

Wash. Admin. Code § 308-20-080 Minimum instruction requirements for cosmetology, hair design, barbering, manicuring, esthetics and master esthetics training.

WAC 308-20-080

The minimum training requirements for a student or apprentice to be eligible for licensure in the following professions shall include:

(1) For cosmetology:

(a) Theory of the practice of cosmetology including business practices and basic human anatomy and physiology;

(b) At least 100 hours of skills in the application of manicuring and pedicuring services for all skin types;

(d) Shampooing including draping, brushing, scalp manipulations, conditioning, and rinsing for all hair and skin types;

(e) Scalp and hair analysis for all hair and skin types;

(f) Hair cutting and trimming including scissors, razor, thinning shears, and clippers for all hair and skin types;

(g) Hair styling including wet, dry, and thermal styling, braiding and styling aids for all hair and skin types;

(h) Cutting and trimming of facial hair including beard and mustache design, and eyebrow, ear, and nose hair trimming for all hair and skin types;

(i) Artificial hair for all hair and skin types;

(j) Permanent waving including sectioning, wrapping, preperm test curl, solution application, processing test curl, neutralizing, and removal of chemicals for all hair and skin types;

(k) Chemical relaxing including sectioning, strand test, relaxer application, and removal of chemicals for all hair and skin types;

(l) Hair coloring and bleaching including predisposition test and strand test, and measurement, mixing, application, and removal of chemicals for all hair and skin types;

(m) Cultural competency and historical education on the significance of textured hair in diverse communities;

(n) Cleaning and disinfecting of individual work stations, individual equipment and tools and proper use and storage of linens;

(o) Diseases and disorders of the scalp, hair, skin, and nails for all hair and skin types;

(p) Safety including proper use and storage of chemicals, implements and electrical appliances;

(q) First aid as it relates to cosmetology; and

(r) Not all training may be on mannequins.

(2) For hair design:

(a) Theory of the practice of hair design including business practices and basic human anatomy and physiology;

(b) Shampooing including draping, brushing, scalp manipulations, conditioning, and rinsing for all hair and skin types;

(d) Hair cutting and trimming including scissors, razor, thinning shears, and clippers for all hair and skin types;

(e) Hair styling including wet, dry, and thermal styling, braiding and styling aids for all hair and skin types;

(f) Cutting and trimming of facial hair including beard and mustache design, and eyebrow, ear, and nose hair trimming for all hair and skin types;

(g) Artificial hair for all hair and skin types;

(h) Permanent waving including sectioning, wrapping, preperm test curl, solution application, processing test curl, neutralizing, and removal of chemicals for all hair and skin types;

(i) Chemical relaxing including sectioning, strand test, relaxer application, and removal of chemicals for all hair and skin types;

(j) Hair coloring and bleaching including predisposition test and strand test, and measurement, mixing, application, and removal of chemicals for all hair and skin types;

(k) Cultural competency and historical education on the significance of textured hair in diverse communities;

(l) Cleaning and disinfecting of individual work stations, individual equipment and tools, and proper use and storage of linens;

(m) Diseases and disorders of the scalp and hair for all hair and skin types;

(n) Safety including proper use and storage of chemicals, implements, and electrical appliances;

(o) First aid as it relates to hair design; and

(p) Not all training may be on mannequins.

(3) For barbering:

(a) Theory of the practice of barbering services including business practices and basic human anatomy and physiology;

(b) Shampooing including draping, brushing, scalp manipulations, conditioning, and rinsing for all hair and skin types;

(d) Hair cutting and trimming including scissors, razor, thinning shears, and clippers for all hair and skin types;

(e) Hair styling, wet, dry, and thermal styling, and styling aids for all hair and skin types;

(f) Cutting and trimming of facial hair including shaving, beard and mustache design, and eyebrow, ear, and nose hair trimming for all hair and skin types;

(g) Artificial hair for all hair and skin types;

(h) Cultural competency and historical education on the significance of textured hair in diverse communities;

(i) Cleaning and disinfecting of individual work stations, individual equipment and tools, and proper use and storage of linens;

(j) Diseases and disorders of the skin, scalp, and hair for all hair and skin types;

(k) Safety including proper use of implements and electrical appliances;

(l) First aid as it relates to barbering; and

(m) Not all training may be on mannequins.

(4) For manicuring:

(a) Theory in the practice of manicuring and pedicuring services, business practices, and basic human anatomy and physiology;

(b) Artificial nails including silk, linen, fiberglass, acrylic, gel, powder, extensions and sculpting, preparation, application, finish, and removal;

(d) Cleaning and disinfecting of individual work station, individual equipment and tools, and proper use and storage of linens;

(e) Diseases and disorders of the nails of the hands and feet;

(f) Safety including proper use and storage of chemicals, implements, and electrical appliances;

(g) First aid as it relates to manicuring and pedicuring; and

(h) Not all training may be on mannequins.

(5) For esthetics:

Theory in the practice of esthetics services, business practices, and basic human anatomy and physiology (750 hours):

(a) Care of the skin compresses, massage, facials, wraps, masks, exfoliation, use of electrical or mechanical appliances or chemical compounds for all hair and skin types;

(b) Temporary removal of superfluous hair of the skin by means including tweezing, waxing, tape, chemicals, lotions, creams, sugaring, threading, mechanical or electrical apparatus and appliances for all hair and skin types;

(c) Cleaning and disinfecting of individual work stations, individual equipment and tools, and proper use and storage of linens;

(d) Diseases and disorders of the skin for all hair and skin types;

(e) Cultural competency and historical education on the significance of textured hair in diverse communities;

(f) Safety including proper use and storage of chemicals, implements, and electrical appliances;

(g) First aid as it relates to esthetics; and

(h) Not all training may be on mannequins.

(6) Master esthetics (450 additional hours):

Theory in the practice of master esthetics, business practices, and basic human anatomy and physiology including all of subsection (4) of this section and the following:

(a) Laser, light frequency, radio frequency, ultrasound, and plasma practices for all hair and skin types;

(b) Medium depth chemical peels for all hair and skin types;

(d) Pretreatment and post-treatment procedures for all hair and skin types;

(e) Lymphatic drainage and advanced facial massage for all skin types;

(f) Advanced diseases and disorders of the skin for all skin types;

(g) Advanced theories; alternative, touch, and spa body treatments for all hair and skin types;

(h) Cultural competency and historical education on the significance of textured hair in diverse communities; and

(i) The use of medical devices during instruction of the master esthetics curriculum must comply with state law and rules, including any laws that require delegation or supervision by a licensed health professional acting within the scope of practice of that health professional. A detailed written explanation of how the course will be taught must be submitted and approved by the department.

(7) Online training curriculums must be approved by the department.

History

Statutory Authority: RCW 18.16.030 and 2025 c 194. WSR 26-15-010, s 308-20-080, filed 7/2/26, effective 8/2/26. Statutory Authority: RCW 18.16.030. WSR 23-16-051, § 308-20-080, filed 7/26/23, effective 8/26/23. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-080, filed 9/12/17, effective 10/13/17. Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-033, § 308-20-080, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-080, filed 11/26/13, effective 1/1/14
WSR 08-22-029, § 308-20-080, filed 10/28/08, effective 2/1/09. Statutory Authority: RCW 18.16.030(2). WSR 02-04-012, § 308-20-080, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-006, § 308-20-080, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-080, filed 5/10/91, effective 6/10/91
WSR 88-19-047 (Order PM 772), § 308-20-080, filed 9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-20-080, filed 9/12/84.

Wash. Admin. Code § 308-20-090 Student credit for training in a licensed school.

(1) A maximum of 20 students per instructor is required within a licensed school.

(2) Only those hours of instruction a student is given under the direction of a licensed instructor of the licensed school in which the student is enrolled and in the courses listed in WAC 308-20-080 and 308-20-105 or hours earned under WAC 308-20-091 shall be credited toward completion of the course of study required in RCW 18.16.100.

(3) When all of a school's requirements have been met by a student and within 30 days of a student leaving a school, the school shall provide to the student a certified copy of the student's final report.

(4) Students may transfer between the schools and apprenticeship salon/shops licensed under chapter 18.16 RCW and may receive credit toward completion of the curriculum in the new school or apprenticeship salon/shop. In order to enroll a transfer student or apprentice, the new school or apprentice salon/shop shall do the following:

(a) Confirm that the student is available for transfer through the student registration process in a manner and format prescribed by the department;

(b) Evaluate the certified final student report provided by the student or apprentice and compare the report with the new school or apprentice salon/shop curriculum requirements; and

(c) The new school or apprentice salon/shop may accept or reject the final student or apprentice report in part or in total from the previous school or salon/shop and shall prepare a monthly report that documents the amount of instructions being accepted.

(5) Both the transferring and receiving school or salon/shop shall maintain student or apprentice records including the transfer record as required in WAC 308-20-040(4).

(6) Licensed instructors must be physically present where the students are training with the exception of approved online training.

(7) Certified training hours expire three years after the last day of attendance. Any hours earned by a student that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure.

(8) Documentation providing evidence of experience as a licensed cosmetologist, hair designer, barber, manicurist, esthetician or master esthetician credited towards instructor training shall be included in the student record as required in WAC 308-20-040(4).

History

Statutory Authority: RCW 18.16.030. WSR 23-17-026, § 308-20-090, filed 8/8/23, effective 9/8/23. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 20-21-002, § 308-20-090, filed 10/8/20, effective 11/8/20. Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-033, § 308-20-090, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-090, filed 11/26/13, effective 1/1/14
WSR 08-22-029, § 308-20-090, filed 10/28/08, effective 2/1/09. Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. WSR 04-05-005, § 308-20-090, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-090, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW 18.16.030(2). WSR 02-04-012, § 308-20-090, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-006, § 308-20-090, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-090, filed 5/10/91, effective 6/10/91
WSR 88-19-047 (Order PM 772), § 308-20-090, filed 9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-20-090, filed 9/12/84.

Wash. Admin. Code § 308-20-091 Student credit for training in a licensed salon/shop.

(1) A maximum ten percent of the total curriculum hours required may be earned by a student in a licensed salon/shop under a contract approved by the department signed by the student, the school owner, and the salon/shop manager.

(2) A copy of the signed contract shall be kept in the student file, kept on file at the salon shop and given to the student and shall be made available to the department on request.

(3) Only those hours of instruction a student is given under the direction of an operator licensed in the curriculum in which the student is enrolled in the contracted licensed salon/shop, and in the subjects agreed to in the contract shall be credited towards completion of the course of study required in RCW 18.16.100.

(4) Students will not receive any wages or commission for hours of credit earned in a salon/shop.

(5) Salon/shops shall provide weekly reports to the school and student with hours the student earned in each area of agreed training.

(6) Weekly reports provided by salon/shops verifying hours student earns in salon training must be included in student's records and recorded on student's monthly and final reports.

(7) Licensed operators must be physically present where students are training.

(8) Students in training must wear identification visible to the public that states that they are students in training.

(9) Certified training hours expire three years after the last day of attendance. Any hours earned by a student that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-091, filed 9/12/17, effective 10/13/17
WSR 13-24-042, § 308-20-091, filed 11/26/13, effective 1/1/14
WSR 03-14-046, § 308-20-091, filed 6/24/03, effective 7/25/03.

Wash. Admin. Code § 308-20-101 Apprentice credit for training in an approved apprentice salon/shop.

(1) A minimum of one trainer per apprentice is required.

(2) Only those hours of theory instruction given under the direction of an instructor licensed under chapter 18.16 RCW shall be credited towards completion of the apprentice curriculum requirements for theory hours. Cosmetologist, hair design, barber, manicurist, esthetician and master esthetician theory hours must be taught in a classroom setting under the supervision of an instructor licensed in the curriculum for which he or she is providing theory instruction.

(3) With the exception of theory hours, only those hours of instruction an apprentice is given under the direction of an apprentice trainer as defined in WAC 308-20-010 and in the standards developed by the apprenticeship program shall be credited toward completion of the apprenticeship training.

(4) When all of the apprenticeship program requirements have been met by the apprentice and within thirty days of an apprentice's completed training, the committee shall provide to the apprentice a copy of the apprentice's final report.

(5) An apprentice may transfer between shops only when the Washington state apprenticeship council or the Washington state department of labor and industries approves the transfer.

(6) Apprentice trainers and instructors must be physically present where apprentices are receiving practical training.

(7) Certified training hours expire three years from last date of attendance. Any hours earned by an apprentice that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-101, filed 9/12/17, effective 10/13/17
WSR 13-24-042, § 308-20-101, filed 11/26/13, effective 1/1/14
WSR 08-22-029, § 308-20-101, filed 10/28/08, effective 2/1/09. Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. WSR 05-17-020, § 308-20-101, filed 8/4/05, effective 9/4/05
WSR 04-05-005, § 308-20-101, filed 2/6/04, effective 3/8/04.

Wash. Admin. Code § 308-20-105 Minimum instruction requirements for instructor-trainees.

WAC 308-20-105

The minimum training requirements for a student to be eligible for licensure as an instructor shall include:

(1) Preparation for classroom activities including, but not limited to:

(a) Choice of teaching methods;

(b) Classroom setup;

(d) Written lesson plans;

(e) Student assignments;

(f) Materials and supplies; and

(g) Recordkeeping.

(2) Presentation of information including, but not limited to:

(a) Lectures;

(b) Demonstrations;

(d) Project methods; and

(e) Discussions.

(3) Application of practice including, but not limited to:

(a) Clinic supervision;

(b) Classroom management; and

(4) Evaluation by the instructor-trainee of the student's understanding and performance including, but not limited to:

(a) Written/practical assessment; and

(b) Communication skills.

History

Statutory Authority: RCW 18.16.030 and 2025 c 194. WSR 26-15-010, s 308-20-105, filed 7/2/26, effective 8/2/26. Statutory Authority: RCW 18.16.030. WSR 23-16-051, § 308-20-105, filed 7/26/23, effective 8/26/23. Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-105, filed 11/26/13, effective 1/1/14
WSR 03-14-046, § 308-20-105, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW 18.16.030(2). WSR 02-04-012, § 308-20-105, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-006, § 308-20-105, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-105, filed 5/10/91, effective 6/10/91
WSR 88-19-047 (Order PM 772), § 308-20-105, filed 9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-20-105, filed 9/12/84.

Wash. Admin. Code § 308-20-107 Use and training of instructor-trainees.

(1) Instructor-trainees shall be supervised at all times by a licensed instructor. The licensed instructor shall be physically present where the instructor-trainee is working and be available for consultation with the instructor-trainee. The instructor-trainee may not act as a substitute for the licensed instructor.

(2) Instructor-trainees shall hold a current Washington state cosmetology, hair design, barber, manicurist, esthetician, or master esthetician license in good standing prior to enrolling in an instructor-trainee program. A copy of the instructor-trainee's valid Washington state operator license shall be kept in the student's file.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-107, filed 9/12/17, effective 10/13/17
WSR 13-24-042, § 308-20-107, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW 43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-107, filed 3/2/10, effective 4/2/10. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-107, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW 18.16.030(2). WSR 02-04-012, § 308-20-107, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-006, § 308-20-107, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030 and 43.24.086. WSR 90-07-030, § 308-20-107, filed 3/14/90, effective 4/14/90. Statutory Authority: RCW 18.16.030. WSR 88-19-047 (Order PM 772), § 308-20-107, filed 9/14/88.

Wash. Admin. Code § 308-20-110 Minimum safety and sanitation standards for schools, cosmetologists, hair designers, manicurists, estheticians, master estheticians, barbers, instructors, salons/shops, mobile units and personal services.

Every licensee shall maintain the following safety and sanitation standards. In addition, school instructors and apprentice trainers must assure persons training in a school or apprentice salon/shop will adhere to the following safety, sanitation and disinfection standards:

(1) Requirements and standards.

(a) All locations where chemical services are provided to clients must have a dispensing sink with hot and cold running water. Dispensing sinks are used for mixing chemicals, and disinfecting supplies, tools, equipment, and other materials. Dispensing sinks must be labeled "not for public use."

(b) On-site laundry facilities must be maintained in clean condition.

(d) Use of bar soap or a common towel is prohibited.

(e) A licensee must not perform or continue services on a client with visible open sores, inflamed skin, rash, or parasitic infestations.

(f) No licensee who knowingly has open sores, or who is exhibiting symptoms of an infectious or contagious disease or a disorder of the skin or a parasitic infestation shall provide services in cosmetology, hair design, manicuring, barbering, esthetics, or master esthetics while the licensee has the above mentioned symptoms.

If a licensee or a client has exhibited the symptoms mentioned in (e) and (f) of this subsection, the area in which the affected individual received or provided services, and all equipment and implements that could have possibly been touched by that individual shall be cleaned and disinfected, including the work and waiting areas.

(g) All liquids, creams, and other cosmetic preparations including paraffin wax and depilatory wax must be kept in clean and closed containers.

(h) All bottles and containers must be distinctly and correctly labeled to disclose their contents. All bottles and containers containing poisonous substances must be additionally and distinctly marked as such.

(i) Items subject to possible cross contamination such as liquids, creams and lotions, cosmetic preparations and chemicals including paraffin wax and depilatory wax must be dispensed in a way that does not contaminate the remaining portion by using a disposable, or cleaned and disinfected applicator. Applicators shall not be redipped in product. Liquids must be dispensed with a squeeze bottle, pump, or spray. Any product that cannot be disinfected that comes in contact with the client shall be discarded after use on that particular client.

(j) Pencil cosmetics must be sharpened before each use. Clean and disinfect or dispose of the sharpener after service on each client.

(k) A licensee must thoroughly wash his or her hands with soap and warm water or any equally effective cleansing agent immediately before providing services to each client, before checking a student's work on a client, or after smoking, eating, or using the restroom.

(l) A client's skin upon which services will be performed must be washed with soap and warm water or wiped and/or sprayed with antiseptic or waterless hand cleanser approved for use on skin before a service.

(m) After service on each client, hair and nail clippings must immediately be placed in a closed covered waste container.

(2) Articles in contact with a client.

(a) A neck strip or towel must be placed around the client's neck to prevent direct contact between a multiple use haircloth or cape and the client's skin, and must be in place during entire service.

(b) All items, which come in direct contact with the client's skin that do not require disinfecting, must be discarded after each use.

(3) Materials in contact with a client.

(a) Paraffin wax and depilatory wax must be covered in a manner to prevent contamination except during the waxing service, and maintained at a temperature specified by the manufacturer's directions.

(b) Paraffin wax and depilatory wax must be dispensed in a way that does not contaminate the remaining portion by using one of the following methods:

(i) Use a new spatula each time wax is removed from the pot;

(ii) Apply wax directly onto a disposable strip;

(iii) Use one dedicated spatula to remove wax from the pot, and then spread the wax with a second spatula. The first spatula should never come in contact with either the client's skin or the second spatula; or

(iv) Separate a quantity of wax from the main wax pot to use on a single client; this quantity should be placed in a small single-use container. Double-dipping is allowed from a single client-use container.

(c) All used wax that has been in contact with a client's skin shall not be reused under any circumstances and shall be disposed of immediately after each use.

(d) All wax pots shall be cleaned and disinfected according to manufacturer's directions. No applicators shall be left standing in wax at any time.

(4) Chemical use and storage.

(a) When administering services to a client that involve the use of chemicals or chemical compounds, all licensees must follow safety procedures according to manufacturer's directions or safety data sheets (SDSs), to prevent injury to the client's person or clothing.

(b) Salon shops, personal service, mobile units and schools shall have in the immediate working area access to all safety data sheets (SDSs) provided by manufacturers for any chemical products used.

(d) Chemicals which could interact in a hazardous manner such as oxidizers, catalysts, and solvents, must be stored per manufacturer's instruction.

(e) Licensees using chemicals or chemical compounds when providing services to clients must store the chemicals so as to prevent fire, explosion, or bodily harm. All chemicals must be stored in accordance with the manufacturer's directions.

(5) Refuse and waste material.

(a) All waste must be deposited in a covered waste disposal container. Containers located in the reception or office area, which do not contain waste relating to the performance of services, are exempt from having covers.

(b) All chemical, flammable, toxic or otherwise harmful waste material must be disposed of in the manner required by local hazardous waste management regulations.

(d) Any disposable sharp objects that come in contact with blood or other body fluids must be disposed of in a sealable rigid (puncture proof) labeled container that is strong enough to protect the licensee, client and others from accidental cuts or puncture wounds that could happen during the disposal process.

(e) Licensees must have sealable rigid containers available for use at all times services are being performed.

(6) Sanitation/disinfecting. Environmental Protection Agency (EPA) approved disinfectants are indicated by their registration number on the product label. The product's manufacturer's directions for use shall always be followed.

(a) All tools and implements must be cleaned and disinfected or disposed of after service on each client. Tools and implements not approved for disinfection and reuse under manufacturers' specifications must be given to the client or discarded after service on each client. These tools and implements include, but are not limited to: Nail files, cosmetic make-up sponges, buffer blocks, sanding bands, toe separators or sleeves, orangewood sticks, and disposable nail bits. Presence of used articles in the work area will be considered prima facie evidence of reuse.

(b) When used according to the manufacturer's directions, each of the following is an approved method of disinfecting tools and implements after they are cleaned of debris:

(i) Complete immersion or spray with an EPA-registered disinfectant solution of the object(s) or portion(s) thereof to be disinfected; or

(ii) Steam sterilizer, registered and listed with the U.S. Food and Drug Administration; or

(iii) Dry heat sterilizer, registered and listed with the U.S. Food and Drug Administration, or Canadian certification.

(c) All cleaned and disinfected tools and implements must be stored in a closed nonairtight container or UV sterilizer. UV sterilizers shall be used only for clean storage of already cleaned and disinfected tools and implements.

(d) All disinfecting solutions and/or agents must be kept at manufacturer recommended strengths to maintain effectiveness, be free from foreign material and be available for immediate use at all times the location is open for business and changed daily.

(e) All articles, which come in direct contact with the client's skin that cannot be cleaned and disinfected, must be disposed of in a waste receptacle immediately after service on each client. Presence of these articles in the work area will be considered prima facie evidence of reuse.

(f) Disposable protective gloves must be disposed of after service on each client.

(7) Disinfecting nonelectrical tools and implements.

(a) All tools and implements used within a field of practice must be cleaned and disinfected after service on each client in the following order:

(i) Remove all hair and/or foreign material;

(ii) Clean thoroughly with soap or detergent and water;

(iii) Rinse thoroughly with clear, clean water; and

(iv) Disinfect with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, used according to manufacturer's directions or in a steam sterilizer or dry heat sterilizer under subsection (6)(b)(ii) and (iii) of this section.

(b) Tools and implements without sharp edges or points, including but not limited to combs, brushes, rollers, rods, etc., must be totally immersed in an EPA registered disinfectant according to manufacturer's directions.

(d) A client's personal tools and instruments must not be used in the establishment except when prescribed by a physician.

(8) Disinfecting electrical tools and implements. Electrical tools and implements must be disinfected after service on each client in the following order:

(a) Remove hair and/or foreign matter;

(b) Disinfect with an EPA disinfectant specifically made for electrical tools and implements.

(9) Storage of tools and implements.

(a) New and/or cleaned and disinfected tools and implements must be stored separately from all other items.

(b) Used tools and implements must be stored in a labeled drawer or container at the work station.

(d) Storage cabinets, work stations and storage drawers for cleaned and disinfected tools and implements must be free of debris and used only for cleaned and disinfected tools and implements.

(10) Cleaning and disinfecting foot spas.

(a) As used in this section, "foot spa" or "spa" is defined as any basin using circulating water.

(b) After each client:

(i) Drain the water from the foot spa basin and remove any visible debris;

(ii) Clean the surfaces of the foot spa with soap or detergent, rinse with clean water and drain;

(iii) Disinfect the surface with an EPA registered disinfectant according to the manufacturer's directions on the label. Surfaces must remain wet with disinfectant for ten minutes or the time stated on the label.

(i) For whirlpool foot spas, air-jet basins, "pipeless" foot spas and other circulating spas:

(A) Drain the water from the foot spa basin or bowl and remove any visible debris.

(B) Clean the surfaces of the foot spa with soap or detergent, rinse with clean water and drain.

(C) Disinfect - Fill the basin with clean water, adding the appropriate amount of EPA registered disinfectant. Turn the unit on to circulate the disinfectant for the entire contact time according to the manufacturer's directions on the label.

(D) Drain and rinse the basin with clean water and allow to air dry.

(ii) For foot spas with filter screens, inlet jets and other removable parts that require special attention during the disinfecting process.

(A) Drain the water from the foot spa basin and remove any visible debris.

(B) Remove the filter screen, inlet jets and all other removable parts from the basin and clean out any debris trapped behind or in them.

(D) Rinse the removed parts with clean water and replace them in the basin.

(E) Clean the surfaces of the foot spa with soap or detergent, rinse with clean water and drain.

(F) Disinfect - Fill the basin with clean water, adding the appropriate amount of EPA registered disinfectant. Turn the unit on to circulate the disinfectant for the entire contact time according to the manufacturer's directions on the label.

(G) Drain and rinse the basin with clean water and allow to air dry.

(d) A record must be made of the date and time of each cleaning and disinfecting as required by (c) and (d) of this subsection. This record must be made at the time of cleaning and disinfecting. Cleaning and disinfecting records must be made available upon request by either a client or a department representative.

(e) For simple basins and reusable liners (no circulation):

(i) Drain the basin and remove any visible debris.

(ii) Scrub the basin with a clean brush and soap or detergent following manufacturer's directions.

(iii) Rinse the basin with clean water and drain.

(iv) Disinfect basin surfaces with an EPA registered disinfectant following manufacturer's directions. Surfaces must remain wet with disinfectant for ten minutes or the contact time stated on the label.

(v) Drain and rinse the basin with clean water and allow to air dry.

(11) Headrests, shampoo bowls, and treatment tables.

(a) The headrest of chairs must be cleaned and disinfected after service on each client.

(b) Shampoo trays and bowls must be cleaned and disinfected after each shampoo, kept in good repair and in a clean condition at all times.

(c) All treatment tables must be cleaned, disinfected and covered with clean linens or examination paper, which must be changed after each service on a client.

(12) Walls, floors, and ceilings. Walls, floors, and ceilings must be cleaned and disinfected as necessary and kept clean and free of excessive spots, mildew, condensation, or peeling paint.

(13) Towels, linens, capes and robes. No towels, linens, or robes shall be used more than once without proper laundering as described in this section.

(14) All towels, linens, capes, robes, and similar items shall be laundered in a washing machine with laundry detergent and chlorine bleach used according to manufacturer's directions for disinfecting purposes. A closed dustproof cabinet with solid sides and a top shall be provided for cleaned towels, linens, capes and robes. A hamper with solid sides or a receptacle that is closed and ventilated shall be provided for all soiled cloth towels, linens, capes and robes and never left overnight.

(15) Prohibited hazardous substances - Use of products. No establishment or school may have on the premises cosmetic products containing hazardous substances which have been banned by the U.S. Food and Drug Administration for use in cosmetic products. Use of 100% liquid methyl methacrylate monomer and methylene chloride products are prohibited. No product must be used in a manner that is disapproved by the U.S. Food and Drug Administration.

(16) Prohibited instruments or practices. Any razor-edged tool, which is designed to remove calluses.

(17) Blood spills. If there is a blood spill or exposure to other body fluids during a service, licensees and students must stop and proceed in the following order:

(a) Stop service;

(b) Put on gloves;

(d) Cover the wound with a sterile bandage;

(e) If the wound is on a licensee hand in an area that can be covered by a glove or finger cover, the licensee must wear a clean, fluid proof protective glove or finger cover. If the wound is on the client, the licensee providing service to the client must wear gloves on both hands;

(f) Discard all contaminated objects. Contaminated objects shall be placed in a sealed plastic bag and that bag must be placed inside another plastic bag and discarded;

(g) All equipment, tools and instruments that have come into contact with blood or other body fluids must be cleaned and disinfected or discarded;

(h) Remove gloves; and

(i) Wash hands with soap and water before returning to the service.

(18) First-aid kit. The establishment must have a first-aid kit that contains at a minimum:

• Small bandages;

• Gauze;

• Antiseptic; and

• A blood spill kit that contains:

Disposable bags;
Gloves.

(19) Restroom.

(a) All locations must have a restroom available. The restroom must be located on the premises or in adjoining premises, which is reasonably accessible.

(b) All restrooms located on the premises must be kept clean and in proper working order at all times.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-110, filed 9/12/17, effective 10/13/17. Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-033, § 308-20-110, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-110, filed 11/26/13, effective 1/1/14
WSR 07-14-066, § 308-20-110, filed 6/29/07, effective 8/1/07. Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. WSR 04-05-005, § 308-20-110, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-110, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW 18.16.030(2). WSR 02-04-012, § 308-20-110, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-006, § 308-20-110, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-110, filed 5/10/91, effective 6/10/91
WSR 88-19-047 (Order PM 772), § 308-20-110, filed 9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-20-110, filed 9/12/84.

Wash. Admin. Code § 308-20-115 Reciprocity—Persons licensed in other jurisdictions.

The department shall issue a license to any person who is properly licensed in any state, territory, or possession of the United States, or foreign country if the applicant submits:

(1) Application;

(2) Fee;

(3) Proof that he or she is currently licensed in good standing as a cosmetologist, hair designer, barber, manicurist, esthetician, master esthetician, instructor, or the equivalent in that jurisdiction;

(4) Provides proof that he or she has passed an examination approved by the director.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-115, filed 9/12/17, effective 10/13/17
WSR 13-24-042, § 308-20-115, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW 43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-115, filed 3/2/10, effective 4/2/10
WSR 06-02-048, § 308-20-115, filed 12/29/05, effective 2/1/06.

Wash. Admin. Code § 308-20-120 Written and performance examinations.

(1) The department shall administer or approve the administration of a written and performance license examination. The department may approve written or performance examinations given by department-approved examination providers.

(2) The written and performance examinations for cosmetologist, hair design, barber, manicurist, esthetician, and master esthetician shall reasonably measure the applicant's knowledge of safe and sanitary practice.

(3) The written and performance examinations for instructors shall be constructed to measure the applicant's knowledge of lesson planning and teaching techniques.

(4) In order to be eligible for licensure, a license applicant must pass both the written and performance examinations in the practice for which they are applying.

(5) The minimum passing score for both the written and performance examinations in all practices is a scaled score of 75.

(6) Examination results expire three years from the date of the examination. Examination results that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-120, filed 9/12/17, effective 10/13/17
WSR 13-24-042, § 308-20-120, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW 43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-120, filed 3/2/10, effective 4/2/10
WSR 06-02-048, § 308-20-120, filed 12/29/05, effective 2/1/06. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-120, filed 6/24/03, effective 7/25/03
WSR 03-08-043, § 308-20-120, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW 18.16.030(2). WSR 02-04-012, § 308-20-120, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-006, § 308-20-120, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. WSR 88-19-047 (Order PM 772), § 308-20-120, filed 9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-20-120, filed 9/12/84.

Wash. Admin. Code § 308-20-121 Examination code of conduct.

(1) Applicants will be required to refrain from:

(a) Talking to other examinees during the examination unless specifically directed or permitted to do so by a test monitor.

(b) Attempting to communicate or record any information by any means.

(d) Removing test materials and/or notes from the testing room.

(e) Disruptive behavior as determined by the department.

(2) Applicants who participate in any activity listed in subsection (1) of this section will be required to leave the examination site. Their opportunity to sit for the examination will be forfeited. Their answer sheet will be voided. A voided answer sheet will not be scored and the examination fee will not be refunded.

(3) Any applicant who was removed from the testing site for any of the reasons listed in subsection (1) of this section will be denied for testing for one year.

History

Statutory Authority: RCW 18.16.030, 43.24.023. WSR 08-22-029, § 308-20-121, filed 10/28/08, effective 2/1/09.

Wash. Admin. Code § 308-20-122 Examination retakes.

Examination applicants may take an examination no more than once a day.

History

Statutory Authority: RCW 18.16.030(2). WSR 02-04-012, § 308-20-122, filed 1/24/02, effective 6/30/02.

Wash. Admin. Code § 308-20-123 Examination appeal.

(1) An applicant who has received a failing score on the written or practical examination shall be eligible to appeal to the department for a review of the examination results. The department shall only consider appeals regarding significant procedural errors or adverse environmental conditions during the test administration.

(2) The appeal shall be filed with the department within fifteen days after the date of notification of examination results. The appeal shall be made in writing, and shall state the reason for appeal.

(3) The review of the appeal shall be conducted by one or more department staff, or the department's designee, to determine if there is clear and convincing evidence to sustain the applicant's appeal. The director or director's designee shall make the final determination on the appeal.

(4) Within thirty days after the department has made a determination on the appeal, the applicant shall be notified in writing of the results.

(5) In acting on appeals, the department may take such action as it deems appropriate.

History

Statutory Authority: RCW 18.16.030, 43.24.023. WSR 05-04-012, § 308-20-123, filed 1/24/05, effective 2/24/05.

Wash. Admin. Code § 308-20-190 Restricted license.

Should the director restrict the licensee's scope of practice, the licensee shall surrender the unrestricted license to the department of licensing so the stated restriction can be affixed to the license and the license returned to the licensee. All restricted licenses must be posted at the work station of the individual in clear view of the public. Services beyond those authorized by the restricted license may not be performed by the licensee until the restriction is removed from the license.

History

Statutory Authority: RCW 18.16.030. WSR 88-19-047 (Order PM 772), § 308-20-190, filed 9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-20-190, filed 9/12/84.

Wash. Admin. Code § 308-20-210 Fees.

In addition to any third-party examinations fees, the following fees shall be charged by the professional licensing division of the department of licensing:

| Title of Fee | Fee | | | --- | --- | --- | | Cosmetologist: | | | | | License application | $35.00 | | | Reciprocity license | 60.00 | | | Renewal (two-year license) | 66.00 | | | Late renewal penalty | 65.00 | | | License print fee | 5.00 | | Hair design: | | | | | License application | 35.00 | | | Reciprocity license | 60.00 | | | Renewal (two-year license) | 66.00 | | | Late renewal penalty | 65.00 | | | License print fee | 5.00 | | Instructor: | | | | | License application | 35.00 | | | Reciprocity license | 60.00 | | | Renewal (two-year license) | 66.00 | | | Late renewal penalty | 65.00 | | | License print fee | 5.00 | | Manicurist: | | | | | License application | 35.00 | | | Reciprocity license | 60.00 | | | Renewal (two-year license) | 66.00 | | | Late renewal penalty | 65.00 | | | License print fee | 5.00 | | Esthetician: | | | | | License application | 35.00 | | | Reciprocity license | 60.00 | | | Renewal (two-year license) | 66.00 | | | Late renewal penalty | 65.00 | | | License print fee | 5.00 | | Master esthetician: | | | | | License application | 35.00 | | | Reciprocity license | 60.00 | | | Renewal (two-year license) | 66.00 | | | Late renewal penalty | 65.00 | | | License print fee | 5.00 | | Barber: | | | | | License application | 35.00 | | | Reciprocity license | 60.00 | | | Renewal (two-year license) | 66.00 | | | Late renewal penalty | 65.00 | | | License print fee | 5.00 | | School: | | | | | License application | 330.00 | | | Renewal (one-year license) | 330.00 | | | Late renewal penalty | 193.00 | | | License print fee | 5.00 | | Salon/shop: | | | | | License application | 121.00 | | | *Reduced license application (permanent cosmetics) | 15.00 | | | Renewal (one-year license) | 121.00 | | | *Reduced renewal (permanent cosmetics) | 15.00 | | | Late renewal penalty | 60.00 | | | License print fee | 5.00 | | Mobile unit: | | | | | License application | 121.00 | | | *Reduced license application (permanent cosmetics) | 15.00 | | | Renewal (one-year license) | 121.00 | | | *Reduced renewal (permanent cosmetics) | 15.00 | | | Late renewal penalty | 60.00 | | | License print fee | 5.00 | | Personal services: | | | | | License application | 121.00 | | | *Reduced license application (permanent cosmetics) | 15.00 | | | Renewal (one-year license) | 121.00 | | | *Reduced renewal (permanent cosmetics) | 15.00 | | | Late renewal penalty | 60.00 | | | License print fee | 5.00 |

| * | If you have an individual artist license and an artist shop location license to practice permanent cosmetics under chapter 18.300 RCW, and an operator license under chapter 18.16 RCW you may qualify for a reduction of the license fee for your salon shop license if it is at the same location as your artist shop location license. | | --- | --- |

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-20-210, filed 10/21/22, effective 11/22/22. Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-033, § 308-20-210, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-210, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW 43.24.086 and 18.16.030. WSR 09-24-062, § 308-20-210, filed 11/25/09, effective 1/1/10
WSR 06-02-048, § 308-20-210, filed 12/29/05, effective 2/1/06. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-210, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW 18.16.030 and 43.24.086. WSR 03-06-054, § 308-20-210, filed 2/28/03, effective 4/1/03. Statutory Authority: RCW 18.16.030, 43.24.086, and 43.135.055. WSR 02-09-040, § 308-20-210, filed 4/12/02, effective 1/1/03. Statutory Authority: Chapter 18.16 RCW. WSR 92-15-087, § 308-20-210, filed 7/17/92, effective 8/17/92. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-006, § 308-20-210, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030 and 43.24.086. WSR 90-07-030, § 308-20-210, filed 3/14/90, effective 4/14/90. Statutory Authority: RCW 43.24.086. WSR 87-10-028 (Order PM 650), § 308-20-210, filed 5/1/87.

Wash. Admin. Code § 308-20-520 Minimum salon/shop, mobile unit, and personal services licensing standards.

No person shall operate a cosmetology, hair design, barbering, esthetics, master esthetics, or manicuring salon/shop, mobile unit, or personal services business in this state unless the business has qualified for and has in their possession a location license issued by the department of licensing. If the ownership of the business changes, a new complete application must be submitted for approval and license issuance. Licenses are not transferable.

(1) An operator that leases space must obtain both a valid operator and salon/shop license for that specific location.

(2) A business that has one or more branch locations shall obtain a separate salon/shop license for each location.

(3) A licensed operator who provides cosmetology, hair design, barbering, esthetics, master esthetics, or manicuring services to place-bound clients in the client's home or in a long or short term health care facility is not required to obtain a location license.

(4) A long or short term health care facility that establishes a salon/shop and operates it on a for profit basis for clients other than place-bound clients shall obtain a location license.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-520, filed 9/12/17, effective 10/13/17
WSR 03-14-046, § 308-20-520, filed 6/24/03, effective 7/25/03. Statutory Authority: Chapter 18.16 RCW. WSR 92-15-087, § 308-20-520, filed 7/17/92, effective 8/17/92.

Wash. Admin. Code § 308-20-550 Posting of required licenses, registrations, permits, notice to consumers, and current inspection form.

(1) Licenses, the consumer notice required by chapter 18.16 RCW, the apprentice salon/shop notice as defined in WAC 308-20-555, and the most current inspection form shall be posted in direct public view.

(2) Original operator licenses with an attached current photograph shall be posted in clear view of clients in the operator's work station.

(3) Original instructor licenses with an attached current photograph shall be posted in clear view of the public.

(4) Original school, instructor, salon/shop, and mobile unit licenses shall be posted in the reception area.

(5) Personal services shall display their licenses and consumer notice in direct view of their client.

(6) A pocket identification card may not be used in lieu of an original license.

(7) No license which has expired or become invalid for any reason shall be displayed by any operator, instructor, or business in connection with the practice of cosmetology, hair design, barbering, esthetics, master esthetics, or manicuring. Any license so displayed shall be surrendered to a department representative upon its request.

(8) Licenses issued by another state, territory, or foreign country shall not be displayed in any salon/shop.

(9) A receipt, issued by the department of licensing, showing the application for a duplicate license may be used if the original has been lost, stolen, or otherwise destroyed until the duplicate license is received.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-550, filed 9/12/17, effective 10/13/17
WSR 13-24-042, § 308-20-550, filed 11/26/13, effective 1/1/14
WSR 07-14-066, § 308-20-550, filed 6/29/07, effective 8/1/07. Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. WSR 04-05-005, § 308-20-550, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-550, filed 6/24/03, effective 7/25/03. Statutory Authority: Chapter 18.16 RCW. WSR 92-15-087, § 308-20-550, filed 7/17/92, effective 8/17/92.

Wash. Admin. Code § 308-20-555 Identification of apprentices and apprentice salon/shops.

(1) Salon shops must post notice to customers of participation in the apprenticeship program. At a minimum the notice shall state "This shop is a participant in a state approved apprenticeship program. Apprentices in this program are in training and have not yet received a license."

(2) Apprentices must wear identification visible to the public that states they are participants in the apprenticeship program.

History

Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. WSR 04-05-005, § 308-20-555, filed 2/6/04, effective 3/8/04.

Wash. Admin. Code § 308-20-560 Salon/shop, mobile unit, and personal services location license renewal process.

Each salon/shop, mobile unit, and personal services license shall be renewed on a yearly basis. The renewal request shall be accompanied by:

(1) The license renewal fee required under the provisions of WAC 320-20-210.

(2) Affidavit of certification of public liability insurance including, name of provider, policy number, effective date, expiration date, amount of coverage, and signature of licensee.

(3) A statement noting any changes to the information contained in the original application form and attachments.

(4) Licenses must be renewed on or before the expiration date. Failure to renew the license by the expiration date shall result in a penalty fee.

(5) Failure to receive a notice of license renewal from the department does not constitute cause for failure to renew.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-560, filed 6/24/03, effective 7/25/03. Statutory Authority: Chapter 18.16 RCW. WSR 92-15-087, § 308-20-560, filed 7/17/92, effective 8/17/92.

Wash. Admin. Code § 308-20-570 Operator and instructor renewal process.

Each operator or instructor license shall be renewed every two years. The renewal request shall be accompanied by:

(1) Social Security number.

(2) The license renewal fee required under the provisions of WAC 308-20-210.

(3) A statement noting any changes to the information contained in the original application form and attachments.

(4) Licenses must be renewed on or before the expiration date. Failure to renew the license by the expiration date shall result in a penalty fee.

(5) Failure to receive a notice of license renewal from the department does not constitute cause for failure to renew.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-570, filed 6/24/03, effective 7/25/03. Statutory Authority: Chapter 18.16 RCW. WSR 92-15-087, § 308-20-570, filed 7/17/92, effective 8/17/92.

Wash. Admin. Code § 308-20-571 Initial school licensure requirements.

The education and experience of administrators, faculty, and other staff must be adequate to ensure that students will receive educational services consistent with the stated program objectives. School directors/administrators must have at least two years of experience working in a school or in the business administration field. Prior to approval of application for licensure, any person wishing to operate a school shall meet the requirements in RCW 18.16.140 and provide the following to the department:

(1) An identification of owners, shareholders, and directors:

(a) Complete legal name, personal telephone number, and home mailing address of the owner, shareholders, and directors.

(b) The form of ownership; e.g., sole proprietorship, partnership, limited partnership, or corporation.

(c) Names, addresses, personal phone numbers, email addresses, and prior school affiliations if any, of all individuals with ten percent or more ownership interest.

(2) A school that is a corporation or a subsidiary of another corporation must submit:

(a) Current evidence that the corporation is registered with the Washington secretary of state's office;

(b) The name, address, and telephone number of the corporation's registered agent.

(3) Schools under common ownership may designate a single licensed location as the principal facility for recordkeeping via written notice to the department.

(4) If leasing a space, a copy of the rental agreement.

(5) A catalog, enrollment agreement and cancellation and refund policy in accordance with chapter 308-20 WAC.

(6) Sample of all monthly student reports.

(7) Listing of all instructors including license number and expiration date.

(8) A description of programs and course offerings in accordance with chapter 308-20 WAC.

(9) The school must furnish proof that they provide liability coverage for students.

(10) Days and hours of operation of the school.

(11) A signed fire inspection report from the local fire authority indicating all standards and requirements have been met.

(12) Schools must design and implement programs required under WAC 308-20-080 to include content, duration, appropriate entrance criteria, instructional materials, staff, equipment and facilities to prepare students for the program's occupational objectives.

(13) The school must submit an exact floor plan of the physical location which:

(a) Is drawn to scale showing placement of all equipment; areas designated for the clinic, dispensary, classroom, office and restrooms; and identify student capacity. The floor plan shall include the total square footage of the school.

(b) Is adequate to meet the needs of its students and the objectives of the program;

(c) Provides a learning environment with enough classroom, laboratory, and shop space for the number of students to be trained; and

(d) Is maintained in compliance with state laws and local ordinances related to safety and health.

(14) The school must have equipment, furniture, instructional devices and aids, machinery, and other physical features that are adequate to accommodate the enrolled students at all times.

(15) Schools shall only offer educational services that have been approved by the department: All new program or course approval and program revisions shall be submitted to the department in a format prescribed by the department for review and approval prior to the proposed date of implementation.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-571, filed 9/12/17, effective 10/13/17.

Wash. Admin. Code § 308-20-572 Inspection of schools.

All locations shall pass an inspection by a department representative which shall meet the following requirements prior to approval of application or renewal for licensure:

(1) A permanent entrance sign designating the name of the school.

(2) A time clock and time cards or other equipment necessary for verification of daily student attendance and hours earned.

(3) An adequate supply of hot and cold running water shall be available for school operation.

(4) Textbooks/teaching materials - Textbooks shall be required for each student in attendance.

(5) Lavatories with hot and cold running water, single-use hand soap and disposable or single-use hand drying towels or an automatic hand dryer.

(6) A school and salon/shop shall not be operated in the same location. A school and salon/shop shall have separate exterior entrances and shall not share an interior passageway.

(7) Emergency evacuation plans posted for staff and students.

(8) There must be a sufficient number of tables/desks and chairs to accommodate the registered students.

(9) Department of licensing safety and sanitation guidelines posted in all dispensaries and classrooms.

(10) Supplemental training space must be preapproved by the department.

(a) The supplemental training space must be located within two miles of the original facility of the licensed school.

(b) A duplicate copy of the school license shall be posted at the supplemental training space.

(c) A duplicate copy of each instructor's license with a current photograph shall be posted at the supplemental training space.

(d) The supplemental training space shall bear the same name as the original licensed school.

(e) Supplemental training space is only approved for theory and/or practice rooms. No clinic services shall be provided in supplemental training space.

(11) Schools must post a sign that contains the words "work done exclusively by students" or "all work performed by students under supervision of a licensed instructor" in the reception or clinic area.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-572, filed 9/12/17, effective 10/13/17
WSR 13-24-042, § 308-20-572, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW 43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-572, filed 3/2/10, effective 4/2/10. Statutory Authority: RCW 18.16.030, 43.24.023. WSR 08-22-029, § 308-20-572, filed 10/28/08, effective 2/1/09.

Wash. Admin. Code § 308-20-573 School catalog, enrollment agreement/contract and cancellation and refund policy minimum requirements.

(1) Each school must publish a catalog that explains its operations and requirements. The catalog must be current, comprehensive, and accurate. The school must provide the following, in some combination of a catalog, brochure, or otherwise written material and disclose that information to each prospective student prior to completing an enrollment agreement. The catalog must include at least the following:

(a) Date of publication;

(b) Names, physical and mailing addresses, and telephone numbers of the school's administrative offices and all supplemental training spaces;

(c) Names and qualifications of faculty. The list must be accurate as of the date of catalog publication. Any changes in faculty must be noted on a catalog correction sheet;

(d) The school calendar, including hours of operation, holidays, courses, or programs as may be appropriate;

(e) Admissions procedures, including policies describing all prerequisites needed by entering students to successfully complete the programs of study in which they are enrolled;

(f) A description of the job placement assistance offered, if any. If no assistance is offered, the school must make that fact known;

(g) The school's policy regarding student conduct, including causes for dismissal and conditions for readmission;

(h) The school's grievance policy. The policy must be preceded by "Nothing in this policy prevents the student from contacting the Department of Licensing at any time with a concern or a complaint.";

(i) The school's policy regarding leave, absences, makeup work (if applicable), and tardiness;

(j) The school's policy regarding standards of progress required for the student;

(k) An accurate description of the school's facilities and equipment available for student use, and the student/teacher ratio;

(l) The total cost of training including registration fee if any, tuition, books, supplies, equipment, and all other charges and expenses necessary;

(m) A description of each program of instruction, including:

(i) Specific program objectives including the job titles for which the program purports to train;

(ii) The number of clock hours of instruction, the method of instruction (e.g., correspondence, classroom, lab, computer assisted), and the average length of time required for successful completion;

(iii) For schools offering online training, instructional sequences must be described in numbers of lessons.

(n) The scope and sequence of courses or programs required to achieve the educational objective;

(o) A statement indicating the type of educational credential that is awarded upon successful completion;

(p) The school's cancellation and refund policy;

(q) The following statement must appear prominently on either the first or last printed page or inside the front or back cover: "This school is licensed under chapter 18.16 RCW. Inquiries, concerns, or complaints regarding this school can be made to the Department of Licensing, (insert mailing address, email or by telephone).";

(r) The availability of financing, if any; and

(s) Supplements or correction sheets for the catalog and other written materials related to enrollment must be filed with the department prior to being used;

(i) The supplement or correction sheet must include its publication date;

(ii) In the event information on a supplement or correction sheet replaces information contained in the catalog, the insert must identify the information it replaces.

(2) An enrollment agreement/contract is any agreement that creates a binding obligation to purchase a course of instruction from a school. Each school must use an enrollment contract or agreement that includes:

(a) The school's cancellation and refund policy, in accordance with chapter 308-20 WAC.

(b) The following statement: This school is licensed under chapter 18.16 RCW. Inquiries, concerns, or complaints regarding this school can be made to the department of licensing, (insert mailing address, email or by telephone).

(c) Information that will clearly and completely define the terms of the agreement between the student and the school. The enrollment agreement must include at least the following:

(i) The name and address of the school and the student;

(ii) The program or course title as it appears in the school's catalog, date training is to begin, and the number of hours or units of instruction or lessons for which the student is enrolled;

(iii) Language explaining that the agreement will be binding only when it has been signed and dated by the student and an authorized representative of the school prior to the time instruction begins; and

(iv) A statement that any changes in the agreement will not be binding on either party unless such changes have been acknowledged in writing by an authorized representative of the school and by the student or the student's parent or guardian if he/she is a minor.

(d) The school must provide all students with a copy of the signed enrollment agreement, and any other documents related to their enrollment.

(3) The official date of termination or withdrawal of a student shall be determined in the following manner:

(a) The date on which the school recorded the student's last day of attendance;

(b) The date on which the student is terminated for a violation of a published school policy which provides for termination.

(4) Tuition/registration fees may be collected in advance of a student signing an enrollment agreement; however, all moneys paid by the student shall be refunded if the student does not sign an enrollment agreement and does not commence participation in the program.

(a) The school must refund all money paid if the applicant is not accepted. This includes instances where a starting class is canceled by the school;

(b) For discontinued programs: If instruction in any program is discontinued after training has begun or if the school moves from one location to another, it must either:

(i) Provide students pro rata refunds of all tuition and fees paid; or

(ii) If the school plans to discontinue a program, it must notify the department and affected students in advance in writing at a minimum of thirty days notice.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 20-21-002, § 308-20-573, filed 10/8/20, effective 11/8/20
WSR 17-19-049, § 308-20-573, filed 9/12/17, effective 10/13/17.

Wash. Admin. Code § 308-20-574 School closure process.

(1) Ceases to provide educational services means that a stoppage of training has occurred because:

(a) Facilities are rendered continuously unusable for a period of thirty calendar days or more; or

(b) Faculty or qualified substitutes assigned to a specific class are not available or otherwise fail to perform instructional duties for five or more successive days of scheduled instruction; or

(c) Bankruptcy proceedings or other financial conditions exist that result in the school interrupting scheduled instruction for five or more successive days; or

(d) Adverse action has been taken by a federal, state, or local jurisdiction which results in the school interrupting scheduled instruction for five or more successive days.

(2) The school must take measures to protect the contractual rights of present and former students if it ceases to provide educational services.

(3) If the school ceases to provide educational services, either voluntarily or involuntarily, it must:

(a) Inform the department promptly by the most expeditious means available and send confirmation by certified mail within three business days;

(b) Provide the name, address, and telephone number of the person(s) designated to be responsible for fulfilling the requirements of this section;

(i) Name;

(ii) Social Security number;

(iii) Address and telephone number of record;

(iv) Program name and amount of tuition and fees charged;

(v) Amount of tuition and fees paid to date;

(vi) Amount of class time left to complete the course or program; and

(vii) If the tuition and fees were paid through federal student aid, the amount and type of aid.

(d) A written notice must be distributed to all enrolled students at least three business days prior to a planned interruption or closure. The notice must explain the procedures students are to follow to secure refunds or continue their education. A copy of the notice must also be submitted to the department within three business days;

(e) File with the department procedures for disbursement of refunds to students and set a date no longer than thirty calendar days from the last day of instruction to issue refund checks in the full amount for which students are entitled.

(4) File with the department its plans if any, for teach-out; ensuring that all affected students will continue to receive training at another institution of the similar quality and content as that for which they contracted:

(5) Refunds must be paid to the individual based on a day-by-day proportion of the services provided compared to the total length of the program.

(6) Make specific arrangements to transfer transcripts and other student records described under chapter 308-20 WAC to the department's custody.

(7) Remove or shutdown the school's website and cease advertising.

(8) File with the department any information needed to complete the closure of the school.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-574, filed 9/12/17, effective 10/13/17.

Wash. Admin. Code § 308-20-575 School license renewal process.

(1) Each school license shall be renewed on a yearly basis. In addition to the site inspection, the renewal request, along with the fee, shall be accompanied by:

(a) Certification of annual gross tuition and surety bond in an amount equal to ten percent of the annual gross tuition, but not less than ten thousand dollars or more than fifty thousand dollars;

(b) Copy of the school's catalog, enrollment agreement/contract, curriculums, student monthly reports, current and accurate floor plan;

(d) Updated school information on forms provided by the department including the days and hours of operation of the school;

(e) Verification of current student/instructor ratio;

(f) An identification of owners, shareholders, and directors:

(i) Complete legal name, personal telephone number, and home mailing address of the owner, shareholders, and directors;

(ii) The form of ownership; e.g., sole proprietorship, partnership, limited partnership, LLC, or corporation; and

(iii) Names, addresses, personal phone numbers, and prior school affiliations if any, of all individuals with ten percent or more ownership interest.

(g) A school that is a corporation or a subsidiary of another corporation must submit:

(i) Current evidence that the corporation is registered with the Washington secretary of state's office; and

(ii) The name, address, and telephone number of the corporation's registered agent.

(h) A signed fire inspection report from the local fire authority indicating all standards and requirements have been met; and

(i) The school must submit an exact floor plan of the physical location which is drawn to scale showing placement of all equipment; areas designated for the clinic, dispensary, classroom, office and restrooms; and identify student capacity. The floor plan shall include the square footage of the school.

(2) Licenses must be renewed on or before the expiration date. Failure to renew the license by the expiration date shall result in a penalty. If not renewed on or before the expiration date, the school shall not credit students any hours until the license has been renewed.

(3) Failure to receive a notice of license renewal from the department does not constitute cause for failure to renew.

History

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 17-19-049, § 308-20-575, filed 9/12/17, effective 10/13/17
WSR 13-24-042, § 308-20-575, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW 43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-575, filed 3/2/10, effective 4/2/10. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-575, filed 6/24/03, effective 7/25/03.

Wash. Admin. Code § 308-20-580 Tuition recovery trust fund (TRTF).

(1) TRTF funding.

(a) Upon submission of an initial school license application, a deposit of three hundred dollars into the TRTF is required. A change in school location does not exempt the school from the initial application deposit.

(b) Upon submission of a renewal application, a deposit of .16% (.0016) of the school's gross annual tuition for the previous calendar year into the TRTF is required.

(c) Renewal applications for schools whose gross annual tuition for the previous calendar year is zero, will be required to deposit twenty-five dollars into the TRTF.

(d) Failure to submit a deposit is grounds for denial of a renewal application.

| Initial application deposit | $300 | | --- | --- | | Renewal deposit | .16% of previous calendar year gross annual tuition | | Renewal deposit (if gross annual tuition is zero) | $25 |

(2) The department shall periodically review the fund balance to ensure the fund is of a sufficient balance.

(3) The department will attempt to notify all potential claimants within thirty days of receiving closure notification from a school.

(4) Students will have three years from the last date of attendance at the school to file a claim. Claims must be submitted in writing to the department of licensing.

(5) After verification and review, the department shall disburse funds from the TRTF to settle claims for an amount up to the value of unearned prepaid tuition.

(6) Schools will notify students of the TRTF program.

History

Statutory Authority: 2018 c 203 § 9, RCW 18.16.030 and 43.24.086. WSR 18-21-164, § 308-20-580, filed 10/22/18, effective 11/22/18.

Chapter 308-22 Body art, body piercing, and tattooing rules.

Wash. Admin. Code § 308-22-010 Definitions.

For purposes of these rules, the following words and phrases have the following meanings unless the context clearly indicates otherwise.

"Antiseptic" means an agent that destroys disease-causing microorganisms on human skin or mucosa.

"Aseptic technique" means a procedure that prevents contamination of any object or person.

"Bloodborne pathogens" means microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV).

"Branding" means inducing a pattern of scar tissue by application of a heated material (usually metal) to the skin creating a serious burn which eventually results in a scar.

"Cleaning area" means an area, physically separated from all work stations or waiting areas, where contaminated tools or equipment are sanitized and disinfected.

"Department" means the department of licensing.

"Disinfect" or "disinfection" means the destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.

"Disinfectant" means a substance or solution, registered with the United States Environmental Protection Agency (EPA) that kills or inactivates viruses and pathogenic microorganisms, but not necessarily their spores.

"Event license" is a temporary location license to hold a body art, body piercing, or tattooing convention or event in the state of Washington. Event license holders must meet the same requirements for a location license as defined under RCW 18.300.010.

"FDA" means United States Food and Drug Administration.

"Gloves" mean single-use disposable medical grade gloves that are FDA approved.

"Hand sanitizer" means an alcohol-based sanitizer with a concentration of sixty percent to ninety-five percent ethanol or isopropanol.

"Jewelry" means any personal ornament inserted into a newly pierced area, which must be made of surgical implant-grade stainless steel, solid 14k or 18k white or yellow gold, niobium, titanium, or platinum, or a dense, low-porosity plastic, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use.

"Licensee" means a shop, business or individual licensed to practice body art, body piercing, or tattooing.

"Mobile unit" is a location license under this chapter where the practice of body art, body piercing, or tattooing is conducted in a mobile structure. Mobile units must conform to the health and safety standards as defined under chapter 18.300 RCW.

"Mucous membranes" line various body cavities that are exposed to the external environment and internal organs. They are at several places continuous with skin at the: Nostrils, lips, ears, genital area, and anus. The sticky, thick fluid secreted by the mucous membranes and glands is termed mucus. The term mucous membrane refers to where they are found in the body and not every mucous membrane secretes mucus.

"Permanent cosmetics" includes the application of permanent eyeliner, eyebrows, lip liner, full lip color, and repigmentation using tattooing techniques of placing pigment under the skin. It is a form of tattooing.

"Procedure" means a body art, body piercing, and tattooing procedure.

"Procedure area" means any surface of an inanimate object that contacts the client's skin during a procedure and all surfaces where instruments and supplies are placed during a procedure.

"Sanitize" means a procedure that reduces the level of microbial contamination so that the item or surface is considered safe.

"Scarification" means altering skin texture by cutting the skin and controlling the body's healing process in order to produce wounds, which result in permanently raised wheals or bumps known as keloids.

"Sharps" means any objects (sterile or contaminated) that may purposefully or accidentally cut or penetrate the skin or mucous membrane including, but not limited to, presterilized, single-use needles, scalpel blades, and razor blades.

"Sharps container" means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the international biohazard symbol.

"Single use" means products, instruments or items that are intended for one-time use and are disposed of after each use including, but not limited to, cotton swabs or balls, tissue or paper products, paper or plastic cups, gauze and sanitary coverings, razors, needles, scalpel blades, stencils, ink cups, and protective gloves.

"Sterilization" means a process that destroys all forms of microbial life, including highly resistant bacterial spores.

"Sterilizer" means an apparatus that is registered and listed with the FDA for destroying all forms of microbial life, including highly resistant bacterial spores.

"Universal precautions" is an approach to infection control as defined by the Center for Disease Control (CDC). According to the concept of universal precautions, all human blood and certain body fluids are treated as if known to be infectious for human immunodeficiency virus (HIV), hepatitis B virus (HBV) and other bloodborne pathogens.

"Work stations" means the area or room used for the purpose of performing body art, body piercing, or tattooing procedures.

History

Statutory Authority: RCW 43.24.086, 43.24.023, chapter 18.300 RCW, and 2009 c 412. WSR 10-14-074, § 308-22-010, filed 7/1/10, effective 7/1/10.

Wash. Admin. Code § 308-22-020 Standard universal precautions for preventing the spread of diseases by using sterilization procedures and infection control in body art, body piercing, and tattooing.

Every licensee shall comply with the requirements established by the department of health under WAC 246-145-015, 246-145-050, and 246-145-060.

History

Statutory Authority: RCW 43.24.086, 43.24.023, chapter 18.300 RCW, and 2009 c 412. WSR 10-14-074, § 308-22-020, filed 7/1/10, effective 7/1/10.

Wash. Admin. Code § 308-22-040 Issuance of licenses—Requirements.

Upon completion of an application and payment of the proper fee, the director shall issue the appropriate license to any person who:

(1) Is at least eighteen years old or older. Minors are prohibited from working in tattoo studios or any occupation where there is a risk of exposure to fluids or transmission of infectious agents. WAC 296-125-030.

(2) Provides proof of bloodborne pathogen certification. All bloodborne pathogen training courses must comply with OSHA 29 C.F.R. 1910.1030 standards.

(3) No artist may apply a tattoo to any minor under the age of eighteen. RCW 26.28.085.

History

Statutory Authority: RCW 43.24.086, 43.24.023, chapter 18.300 RCW, and 2009 c 412. WSR 10-14-074, § 308-22-040, filed 7/1/10, effective 7/1/10.

Wash. Admin. Code § 308-22-050 Fees.

The following fees shall be charged by the professional licensing division of the department of licensing. The department may require payment of fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve.

| Title of Fee | Fee | | | --- | --- | --- | | Individual License: | | | | | Tattoo | $275 | | | Body Art | $275 | | | Body Piercing | $275 | | | Permanent Cosmetics | $275 | | Location License: | | | | | Shop/Business | $330 | | | Mobile Unit | $330 | | | Event | $330 | | Individual License Renewal: | | | | | Tattoo | $275 | | | Body Art | $275 | | | Body Piercing | $275 | | | Permanent Cosmetics | $275 | | Location License Renewal: | | | | | Shop/Business | $330 | | | Mobile Unit | $330 | | | Event | $330 | | Individual License Late Renewal Penalty Fee: | | | | | Tattoo | $110 | | | Body Art | $110 | | | Body Piercing | $110 | | | Permanent Cosmetics | $110 | | Location License Late Renewal Penalty Fee: | | | | | Shop/Business | $110 | | | Mobile Unit | $110 | | License Print Fee | $5 | |

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-22-050, filed 10/21/22, effective 11/22/22. Statutory Authority: RCW 43.24.086, 43.24.023, chapter 18.300 RCW, and 2009 c 412. WSR 10-14-074, § 308-22-050, filed 7/1/10, effective 7/1/10.

Wash. Admin. Code § 308-22-070 Requirements and standards—Minimum safety and sanitation standards for artists and shops, mobile units, and event locations.

(1) Every licensee shall maintain the following safety and sanitation standards:

(a) Each location shall have a waiting area that is physically separated from the work stations and equipment cleaning area.

(b) Locations that use only disposable equipment are exempt from having a separate equipment cleaning area.

(c) The work stations and equipment cleaning area must be separated from living quarters by a floor to ceiling wall and closed doors during business hours.

(d) All locations must have access to an equipment cleaning area with a sink available. Sinks must have hot and cold running water. Sinks in equipment cleaning areas are to be used for disinfecting supplies, tools, equipment, and other materials. These sinks must be labeled "not for public use."

(e) All locations must have access to a separate hand washing sink, with hot and cold running water, for public use. Sinks must be supplied with single-use hand soap and disposable towels or an air dryer.

(f) Creams and lotions must be dispensed using a disposable or sanitized and disinfected applicator.

(g) After restroom use and before providing services to clients, licensees must wash hands with single-use soap and/or hand sanitizer and use disposable or single-use hand-drying towels or an air dryer.

(h) Waste containers must be emptied, sanitized, and disinfected daily.

(i) All locations shall be kept free of rodents and vermin and protected from infestation by insects.

(2) Work stations.

(a) No two workstations should overlap or share workspace.

(b) Each workstation must have a sealable, rigid, puncture-proof sharps container. Each container must be labeled with the international biohazard symbol.

(3) Client records. The shop/business must keep a record of all customers receiving services. Those records must include, but are not limited to:

(a) Customer's name, age, and address;

(b) Date of the procedure;

(d) Location of and type of procedure;

(e) Customer signature;

(f) Client records must be retained for a minimum of two years and made available upon request by department personnel.

(4) Articles in contact with a client.

(a) All items, which come in direct contact with the client's skin that do not require disinfecting, must be sanitized.

(b) All articles, which come in direct contact with the client's skin that cannot be sanitized and disinfected, must be disposed of in a covered waste receptacle immediately after use.

(d) Liquids must be dispensed with a squeeze bottle or pump.

(5) Refuse and waste material.

(a) All chemical, flammable, toxic or otherwise harmful waste material must be deposited in a hands free covered waste receptacle and disposed of properly at the close of each business day.

(b) All nonchemical waste related to the performance of services must be deposited in a hands free covered waste receptacle to avoid the potential for cross contamination through release of or exposure to infectious waste materials.

(c) Containers located in the reception or office area, which do not contain waste relating to the performance of services, are exempt from having covers.

(6) Disinfecting electrical tools and implements. Electrical tools and implements must be disinfected after service on each client in the following order:

(a) Remove any foreign matter or debris;

(b) Disinfect with an EPA hospital grade disinfectant.

(7) Storage of tools and implements.

(a) New and/or sanitized and disinfected tools and implements must be stored separately from all others.

(b) Roller storage receptacles and contents must be sanitized and disinfected and free of foreign material.

(c) Storage cabinets, work stations, and storage drawers for sanitized and disinfected tools and implements must be clean, free of debris, and used only for sanitized and disinfected tools and implements.

(d) All used nondisposable tools and implements must be kept in a separate, puncture resistant container.

(8) Floors, walls, and other surfaces.

(a) All floors in work station areas must be made of a smooth, durable, nonabsorbent, nonporous material that is easily cleanable and can be maintained in a sanitary manner at all times.

(b) All other floors and floor coverings that are not in work station areas must be kept clean and in good repair or replaced so that they do not become a hazard to safety or health.

(c) All surfaces, including counters, tables, and client chairs, shall be made of smooth, nonabsorbent, and nonporous material that is easily cleanable and can be maintained in a sanitary manner at all times.

History

Statutory Authority: RCW 43.24.086, 43.24.023, chapter 18.300 RCW, and 2009 c 412. WSR 10-14-074, § 308-22-070, filed 7/1/10, effective 7/1/10.

Chapter 308-29 Collection agencies and repossession services.

Wash. Admin. Code § 308-29-010 Definitions.

(1) Words and terms used in these rules have the same meaning as each has under chapter 19.16 RCW unless otherwise clearly provided in these rules, or the context in which they are used in these rules clearly indicates that they be given some other meaning.

(2) "Branch office" is any location physically separated from the principal place of business of a licensee where the licensee conducts any activity meeting the criteria of a collection agency or out-of-state collection agency as defined in RCW 19.16.100.

(3) "Business office" is the licensed principal place of business or certified branch office from which the licensee conducts any activity meeting the criteria of a collection agency or out-of-state collection agency as defined in RCW 19.16.100.

(4) "Collection activities" as used in this section means those activities performed by collection agencies or the employees of collection agencies pursuant to chapter 19.16 RCW.

(5) "Employee" is a natural person employed by a licensee and shall not be deemed a "collection agency" or a "branch office" as defined in RCW 19.16.100 (5)(a) so need not have an additional license or certificate to perform collection activities on behalf of the licensee whether working from a business office or from the employee's virtual office.

(6) "Repossession services" conducted by any person shall not be deemed a collection agency as defined in RCW 19.16.100, unless such person is repossessing or is attempting to repossess property for a third party and is authorized to accept cash or any other thing of value from the debtor in lieu of actual repossession.

(7) "Managing employee" is an individual who has the general power to exercise judgment and discretion in acting on behalf of the licensee on an overall or partial basis and who does not act in an inferior capacity under close supervision or direction of a superior authority (as distinguished from a nonmanaging employee who is told what to do and has no discretion about what he or she can and cannot do and who is responsible to an immediate superior).

(8) "Remote work" occurs when an employee performs collection activity for a licensee from the employee's "virtual office" as defined herein and more particularly described in WAC 308-29-085. Work performed by a licensed attorney litigating claims on behalf of a licensee is not remote work subject to WAC 308-29-085.

(9) "Virtual office," for purposes of chapters 19.16 and 18.235 RCW and chapter 308-29 WAC, is a virtual extension of the licensee's business office, which is fully connected via electronic means and telecommunications to the business office and its employees and from which an individual employee may perform the same collection activities and be similarly monitored as if located in the business office and as more particularly described in WAC 308-29-085.

History

Statutory Authority: RCW 19.16.351. WSR 21-03-046, § 308-29-010, filed 1/14/21, effective 2/14/21. Statutory Authority: [RCW 19.16.410]. WSR 01-11-132, § 308-29-010, filed 5/22/01, effective 6/22/01
Order PL-123, § 308-29-010, filed 5/17/72.

Wash. Admin. Code § 308-29-020 Financial statement.

Each applicant must submit a current (within prior three months) financial statement of assets and liabilities. Such statement shall be submitted in the manner and form prescribed by the director. Whenever a licensee applies for annual license renewal, such licensee must sign the renewal form that contains a certification:

(1) That the collection agency's true net worth complies with the requirements of RCW 19.16.245; and

(2) That the trust account(s) have sufficient funds to pay all obligations to clients.

History

Statutory Authority: [RCW 19.16.410]. WSR 01-11-132, § 308-29-020, filed 5/22/01, effective 6/22/01
Order PL-123, § 308-29-020, filed 5/17/72.

Wash. Admin. Code § 308-29-025 What records must a licensee maintain at the licensed location?

Required records:

The collection agency must maintain the following records at the licensed location:

(1) Bank trust records.

(a) Duplicate receipt book or cash receipts journal recording all receipts showing date received and the customer who paid;

(b) Sequentially numbered checks with check register or cash disbursement journal or check stubs showing the purpose of the disbursement and the client account it is debited to;

(d) Client's accounting ledger or client remittance report summarizing all moneys received and all moneys disbursed for each client collection account; and

(e) Reconciled bank statements and canceled checks for all trust bank accounts.

(2) Other records.

(a) Copies of all financial statements of licensee showing solvency;

(b) Annotations of significant events or conversations with debtors;

(c) Transactions folders containing all agreements, contracts, documents, statements and correspondence for each debtor and client (may be maintained electronically or on other retrievable medium); and

(d) Collection agreements authorizing the licensee to collect debts or a schedule listing all fees or charges to be charged to the debtor or client.

Accuracy, accessibility and retention of records:

All required records shall be accurately posted, kept up-to-date and kept at the address where the collection agent is licensed to do business. Such records shall be retained and available for inspection by the director or the director's authorized representative during normal business hours. The collection agent shall provide copies of required records upon demand by the director or the director's authorized representative.

(3) Licensee's responsibilities:

(a) The licensee shall be responsible for the custody, safety and the accuracy of entries in all required records. The licensee retains this responsibility even though another person or persons assume the duties of preparation, custody or recording.

(b) The licensee shall obtain copies of the Collection Agency Act (chapter 19.16 RCW) and the rules implementing the act (chapter 308-29 WAC) and be knowledgeable of these laws and rules in their most recent version.

(c) The licensee must ensure accessibility of the licensed location and records to the director or the director's representative.

(4) Administration of trust funds and client property:

(a) A licensee who receives funds or moneys from any debtor, client or customer shall hold the funds or moneys in trust for the purposes of the agreement and shall not utilize such funds or moneys for the benefit of the licensee or any person not entitled to such benefit.

(b) All funds or moneys received shall be deposited into a federally insured banking institution.

(d) Preauthorization of regular disbursements or deductions on an ongoing basis by financial institutions is not permitted for multiclient accounts.

(e) When a contract between the licensee and client expires, terminates, or is no longer in existence, the licensee shall give a closing statement to the client summarizing all receipts and payments since the last statement and shall return all instruments and client property to the client within thirty days after written demand from the client, or as specified in the client contract.

History

Statutory Authority: [RCW 19.16.410]. WSR 01-11-132, § 308-29-025, filed 5/22/01, effective 6/22/01.

Wash. Admin. Code § 308-29-030 Do licensees have to notify the director of changes in ownership, officers, directors, or managing employees?

(1) Each licensee shall notify the director in writing:

(a) Within ten business days of any change in its ownership;

(b) Within ten business days of any change in officers, directors, or managing employees of each office location.

The notification shall consist of reporting the individual's name, position, address and effective date of change.

(2) If requested by the department, each licensee shall notify the department in writing of any additional information regarding the change or changes in subsection (1) of this section within ten days after the mailing of the request.

History

Statutory Authority: [RCW 19.16.410]. WSR 01-11-132, § 308-29-030, filed 5/22/01, effective 6/22/01
WSR 87-11-064 (Order PM 653), § 308-29-030, filed 5/20/87
Order PL-141, § 308-29-030, filed 12/18/72.

Wash. Admin. Code § 308-29-045 Collection agency fees.

The following fees will be charged by the business and professions division of the department of licensing:

| Title of Fee | Fee | | | --- | --- | --- | | Collection agency—Main office: | | | | | Original application | $890.00 | | | Renewal | $515.00 | | | Reregistration fee after 30 days | $1,405.00 | | Branch office (with WA main office): | | | | | Original application | $590.00 | | | Renewal | $340.00 | | | Reregistration fee after 30 days | $930.00 | | Out-of-state collection agency—Main office: | | | | | Original application | $445.00 | | | Renewal | $257.50 | | | Reregistration fee after 30 days | $702.50 | | Branch office—With out-of-state main office: | | | | | Original application | $295.00 | | | Renewal | $170.00 | | | Reregistration fee after 30 days | $465.00 | | | License print fee | $5.00 |

History

Statutory Authority: RCW 43.24.086. WSR 22-24-050, § 308-29-045, filed 11/30/22, effective 12/31/22. Statutory Authority: RCW 19.16.140, 43.24.086, and 2011 1st sp.s. c 50. WSR 11-23-159, § 308-29-045, filed 11/22/11, effective 12/23/11. Statutory Authority: RCW 19.16.140, 43.24.086. WSR 04-18-043, § 308-29-045, filed 8/26/04, effective 10/1/04. Statutory Authority: [RCW 19.16.410]. WSR 01-11-132, § 308-29-045, filed 5/22/01, effective 6/22/01. Statutory Authority: RCW 43.24.086. WSR 90-06-052, § 308-29-045, filed 3/2/90, effective 4/2/90
WSR 87-10-028 (Order PM 650), § 308-29-045, filed 5/1/87. Statutory Authority: 1983 c 168 § 12. WSR 83-22-060 (Order PL 446), § 308-29-045, filed 11/2/83
WSR 83-17-031 (Order PL 442), § 308-29-045, filed 8/10/83. Formerly WAC 308-29-040.

Wash. Admin. Code § 308-29-050 Are licensees required to notify the director of lawsuits, judgments, etc., involving the licensee or its employees?

(1) Within thirty days after the entry of any judgment against the licensee or any owner, officer, director or managing employee of a nonindividual licensee, the licensee shall notify the director in writing of the judgment, if the judgment arises out of any of the practices prohibited in RCW 19.16.250 or of any of the grounds set forth in RCW 19.16.120.

(2) Within thirty days after the filing, service or knowledge of a tax lien or warrant filed against the licensee or any owner, officer, director or managing employee of a nonindividual licensee, the licensee shall notify the director in writing of the lien or warrant.

(3) Within thirty days after the filing, service or knowledge of any suit, complaint, counterclaim or cross claim served or filed in any court in which the licensee or any owner, officer, director or managing employee of a nonindividual licensee is named a defendant, the licensee shall notify the director in writing of such matter if it:

(a) Involves alleged violations of RCW 19.16.210; or

(b) Is or purports to be brought on behalf of the state of Washington or three or more persons.

(4) Within thirty days after the licensee or any owner, officer, director or managing employee of a nonindividual licensee files a petition for bankruptcy, the licensee shall notify the director in writing of the filing of the petition.

(5) The written notification shall be sent by certified or registered mail and shall identify:

• The names of all parties, plaintiff and defendant;

• The court in which the action is commenced; and

• The cause number assigned to the action.

History

Statutory Authority: [RCW 19.16.410]. WSR 01-11-132, § 308-29-050, filed 5/22/01, effective 6/22/01
WSR 79-06-084 (Order PL-306), § 308-29-050, filed 6/1/79.

Wash. Admin. Code § 308-29-060 What are the licensees' obligations when transferring an interest in a collection agency?

(1) In order to transfer the licensee's interest in a collection agency or out-of-state collection agency, unless the transfer is due to the death of an individual licensee, the licensee shall notify all of its clients with open accounts, or cause such clients to be notified, of the transfer of the licensee's interest.

(2) The instrument by which the interest is transferred shall be in writing, and shall indicate:

(a) That the license or branch office certificate granted under chapter 19.16 RCW is not assignable or transferable, that the transfer of the licensee's interest in the business does not include such license or certificate, that the transferee of the interest must apply for a license and/or certificate in accordance with the law, and that the transferee of the interest may not act, assume to act, or advertise as a collection agency or out-of-state collection agency as defined in chapter 19.16 RCW, without first having applied for and obtained a license under that chapter;

(b) Which party to the transaction bears responsibility for payment to clients of amounts due them between the date the instrument is executed and the effective date of the transfer;

(c) Which party to the transaction bears responsibility for maintaining and preserving the records of the collection agency or out-of-state collection agency as prescribed by RCW 19.16.230 and these rules;

(d) Whether the transfer of interest includes the right to use of the business name or trade name of the collection agency or out-of-state collection agency; and

(e) Which party to the transaction bears responsibility for providing written notice of the transfer to the clients of the collection agency who have open accounts with the collection agency or out-of-state collection agency.

(3) The licensee must provide the director a copy of the instrument transferring the licensee's interest signed by all parties to the transaction and shall indicate the effective date of the transfer.

History

Statutory Authority: [RCW 19.16.410]. WSR 01-11-132, § 308-29-060, filed 5/22/01, effective 6/22/01
WSR 87-11-064 (Order PM 653), § 308-29-060, filed 5/20/87
WSR 86-14-051 (Order PM 602), § 308-29-060, filed 6/27/86
WSR 79-06-084 (Order PL-306), § 308-29-060, filed 6/1/79.

Wash. Admin. Code § 308-29-070 Disclosure of rate of interest.

Whenever a collection agency is required pursuant to RCW 19.16.250 (8)(c) to disclose to the debtor that interest charges are being added to the original obligation, the collection agency must also disclose to the debtor the rate of interest. The rate of interest cannot exceed the legal maximum rate established in chapter 19.52 RCW.

History

Statutory Authority: [RCW 19.16.410]. WSR 01-11-132, § 308-29-070, filed 5/22/01, effective 6/22/01
WSR 87-11-064 (Order PM 653), § 308-29-070, filed 5/20/87
WSR 86-14-051 (Order PM 602), § 308-29-070, filed 6/27/86.

Wash. Admin. Code § 308-29-080 Does a collection agency have to notify the credit reporting agency when the debt is satisfied?

If a collection agency informs a credit-reporting agency of the existence of a claim, the collection agency shall promptly notify the credit-reporting agency that the claim has been satisfied. In the absence of other applicable law, "promptly" shall mean within forty-five days after satisfaction of the claim.

History

Statutory Authority: [RCW 19.16.410]. WSR 01-11-132, § 308-29-080, filed 5/22/01, effective 6/22/01
WSR 87-11-064 (Order PM 653), § 308-29-080, filed 5/20/87
WSR 86-14-051 (Order PM 602), § 308-29-080, filed 6/27/86.

Wash. Admin. Code § 308-29-085 Remote work requirements.

A licensee may allow qualified employees to perform collection activities from virtual offices if the following requirements are met:

(1) Employee list. A licensee must keep a record of employees who are permitted to perform collection activities from a virtual office. The list must be kept current, and must include the employee's name, telephone number and email address, and the virtual office location address.

(2) Equipment list. A licensee must maintain a current record of licensee equipment supplied to an employee for use in their virtual office.

(3) Employee remote work agreement. A licensee must provide the employee a written agreement or checklist signed by the employee that indicates the employee has reviewed and agrees to the following requirements:

(a) While working remotely, the employee must agree to maintain confidentiality of consumer data, must maintain all collection agency data electronically and may not print hard copies or otherwise reproduce copies of collection agency data.

(b) The employee must read and agree to comply with the licensee's IT security policy and any updates.

(c) Employee must agree to maintain the safety and security of licensee's equipment at all times as more particularly described by the licensee.

(d) An employee must review a description of the specific type of collection work the employee or class of employee is allowed to perform while working from their virtual office.

(e) The employee must agree not to disclose or convey to the consumer that the employee is working from a virtual office or that the virtual office is a place of business.

(f) An employee must be advised that the employee's collection agency activities are subject to review and calls to and from the virtual office will be monitored and recorded.

(4) Virtual office requirements. An individual employee's virtual office is an extension of the licensee's business office and must meet the following requirements:

(a) It must have full connectivity with the licensee's business office systems including computer networks and phone system and must provide the licensee the same level of oversight and monitoring capacity as if the employee were performing their activities in the business office.

(b) It must have the capability to record calls made to and from the virtual office and to monitor virtual office calls in real time.

(d) It must be in a private location where the employee can maintain consumer confidentiality during the performance of their collection activities.

(e) It must meet all security requirements of this section and contain the equipment necessary to conduct the licensee's work safely and efficiently.

(f) Each employee shall be connected to the business office via a virtual office that requires unique credentialing for access by each employee.

(g) No more than one employee may work from a virtual office from the same physical location, except that cohabitating employees may each maintain a virtual office from their shared residence.

(h) Employees may not print or store physical records in the employee's virtual office.

(5) Employee requirements. The licensee is responsible for ensuring that an employee working from a virtual office meets all of the following requirements:

(a) To become eligible to work from a virtual office, the employee must have completed a training program at the licensee's business office, which covers topics including compliance, privacy, confidentiality, monitoring and security, and other issues that apply particularly to working remotely from a virtual office.

(b) In addition, an employee must complete a minimum of forty-five days of direct oversight and mentoring in the licensee's business office prior to working from a virtual office. This requirement may be waived by the board under emergency circumstances that the board has determined makes it impossible to perform.

(c) Once an employee begins to work from a virtual office, they must be subject to the same levels of communication, management, oversight and monitoring via telecommunications and computer monitoring as they would if working in the business office.

(d) While working remotely the employee must comply with all applicable laws and regulations as outlined in chapters 19.16 and 18.235 RCW and chapter 308-29 WAC.

(6) IT security requirements. Licensees are responsible for developing and following a written IT security policy for virtual offices that outlines the security protocols in place safeguarding the company and consumer data. Consumer data in the form of an electronic record must have the appropriate protections against unauthorized or accidental disclosure, access, use, modification, duplication, or destruction.

The IT security policy shall include the following additional requirements:

(a) Virtual office access to the collection agency's secure system must be through the use of a virtual private network "VPN" or other system that requires usernames and passwords, frequent password changes, authorization, multifactor authentication, data encryption, and/or account lockout implementation.

(b) The immediate installation or implementation of any system updates or repairs in order to keep information and devices secure.

(c) The provision of safe and secure storage with expandable capacity for all electronic data including consumer and licensee data.

(d) Virtual offices must contain computers and/or other electronic devices that have secure computer configurations and reasonable security measures such as updated antivirus software and firewalls.

(e) Access to licensee's systems must occur on company-issued computers and electronic devices whose use is restricted to authorized employees while working at their virtual office, and an employee's use of devices must be limited to employment related activities on behalf of licensee.

(f) Consumer data is accessed securely through the use of encryption or other secure transmission sources.

(g) An action plan has been developed and communicated with relevant employees on how to handle a data breach arising from remote access devices in accordance with applicable laws, which shall include any required disclosures of such breach.

(h) A disaster recovery plan has been developed and communicated with relevant employees on how to respond to emergencies (e.g., fire, natural disaster, etc.) that have the potential to impact the use and storage of licensee's data.

(i) The secure and timely disposal of licensee's data as required by applicable laws and contractual requirements.

(j) An annual internal or external risk assessment is performed on the collection agency's protection of licensee's data from reasonably foreseeable internal or external risks. Based on the results of the annual risk assessment, the collection agency shall make adjustments to its data security policy if warranted.

(k) The licensee can stop the virtual office's connectivity with the network and remotely disable or wipe company issued computers and electronic devices that contain or have access to licensee's information and data when an employee no longer has an employment relationship with the company.

(7) Call recording and monitoring. Licensees must consistently record and monitor calls in which employees are performing collection activities. Call recordings must be maintained for a minimum of four years and call monitoring must be regularly performed, a portion of which must be in real time. Recording and monitoring calls from virtual offices must meet industry standards for collection agencies and ensure that virtual office calls comply with chapter 19.16 RCW and more particularly with RCW 19.16.250 (13)(c), (18), and (19) and also chapter 9.73 RCW.

(8) Nondisclosure. Neither the employee nor the licensee shall represent to debtors or any other party that the employee is working independently from licensee in a virtual office. Such acts include, but are not limited to:

(a) Advertising in any form, including business cards and social media, an unlicensed address or personal telephone or facsimile number associated to an unlicensed location.

(b) Meeting consumers at, or having consumers come to the employee's virtual office.

(c) Holding out in any manner, directly or indirectly, by the employee or licensee, an address that would suggest or convey to a consumer that the virtual office is a licensed collection agency location or "branch office," including receiving licensee's mail, or storing books or records at the virtual office.

It shall not be considered a violation of this section if, in response to an inquiry about the remote worker's location, a remote worker responds that the worker is working remotely or working from a virtual office, or words to that effect.

(9) Data breach. Should a licensee or virtual office experience a data breach as defined under chapter 19.255 RCW, the licensee must comply with the requirements of chapter 19.255 RCW.

(10) Evaluation. The board will review and evaluate the adequacy of this section at least annually and will make amendments, as the board deems necessary.

History

Statutory Authority: RCW 19.16.351. WSR 21-03-046, § 308-29-085, filed 1/14/21, effective 2/14/21.

Wash. Admin. Code § 308-29-090 Brief adjudicative proceedings—When they can be used.

(1) The board adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted at the discretion of the board. Brief adjudicative proceedings can be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act. Brief adjudicative proceedings can also be used whenever the statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of any statute or rule that specifically governs disciplinary actions within a profession for which the applicant seeks a license or from which the licensee holds a license.

(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:

(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;

(b) Whether an applicant or licensee has satisfied financial security requirements by providing adequate proof of surety bonds or other proof of financial security, as required by law;

(d) Whether an applicant meets minimum requirements for an initial or renewal application;

(e) Whether an applicant or licensee failed to cooperate in an investigation by the board;

(f) Whether an applicant or licensee was convicted of a crime that should disqualify the applicant or licensee from holding the specific license sought or held;

(g) Whether an applicant or licensee has violated the terms of a final order issued by the board;

(h) Whether a licensee has committed recordkeeping violations;

(i) Whether a licensee has committed trust account violations;

(j) Whether an applicant or licensee has engaged in false, deceptive, or misleading advertising; or

(k) Whether a person has engaged in unlicensed practice.

(3) In addition to the situations enumerated in subsection (1) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-29-090, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 19.16.410. WSR 07-17-145, § 308-29-090, filed 8/21/07, effective 9/21/07
WSR 01-11-132, § 308-29-090, filed 5/22/01, effective 6/22/01.

Wash. Admin. Code § 308-29-110 Conduct of brief adjudicative proceedings.

Brief adjudicative proceedings shall be conducted by a presiding officer designated by the board. The presiding officer for brief adjudicative proceedings shall have agency expertise in the subject matter but shall not have personally participated in the decision to issue the initiating document.

History

Statutory Authority: RCW 19.16.410. WSR 07-17-145, § 308-29-110, filed 8/21/07, effective 9/21/07
WSR 01-11-132, § 308-29-110, filed 5/22/01, effective 6/22/01.

Wash. Admin. Code § 308-29-120 Appeal process for brief adjudicative proceedings.

If you do not receive satisfaction from the brief adjudicative proceeding, you may appeal to the board for an administrative review. The board must receive your written appeal within twenty-one days after the brief adjudicative proceeding order is posted in the United States mail. The board considers your appeal and either upholds or overturns the brief adjudicative proceeding decision. The board's decision, also called an order, is mailed to you. This section does not apply to brief adjudicative proceedings conducted by the board through WAC 308-29-090(2).

History

Statutory Authority: RCW 19.16.410. WSR 07-17-145, § 308-29-120, filed 8/21/07, effective 9/21/07
WSR 01-11-132, § 308-29-120, filed 5/22/01, effective 6/22/01.

Wash. Admin. Code § 308-29-130 Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings.

(1) At least five days before the scheduled brief adjudicative proceeding, any party to the proceeding, including the board, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that a matter be converted to a formal adjudicative hearing. Upon receiving a timely written objection, the presiding officer shall determine whether the matter should be converted. Regardless of whether any party files a timely objection, the presiding officer may convert any brief adjudicative proceeding to a formal adjudicative hearing whenever it appears that a brief adjudicative proceeding is insufficient to determine the issues pending before the board.

(2) In determining whether to convert a proceeding, the presiding officer may consider the following factors:

(a) Whether witness testimony will aid the presiding officer in resolving contested issues of fact;

(b) Whether the legal or factual issues are sufficiently complex to warrant a formal adjudicative proceeding, including whether there are multiple issues of fact or law;

(d) Whether the legal issues involved in the proceeding present questions of legal significance or are being raised for the first time before the board;

(e) Whether conversion of the proceeding will cause unnecessary delay in resolving the issues; and

(f) Any other factors that the presiding officer deems relevant in reaching a determination.

History

Statutory Authority: RCW 19.16.410. WSR 07-17-145, § 308-29-130, filed 8/21/07, effective 9/21/07.

Chapter 308-30 Notaries public.

Wash. Admin. Code § 308-30-010 Authority.

This chapter implements the revised uniform law on notarial acts, chapter 42.45 RCW.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-010, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-010, filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5 and 20. WSR 85-24-025 (Order PL 571), § 308-30-010, filed 11/26/85, effective 1/1/86.

Wash. Admin. Code § 308-30-020 Definitions.

Words and terms used in these rules have the same meaning as in the Revised Uniform Law on Notarial Acts, RCW 42.45.010.

"Appear personally" means:

(a) Being in the same physical location as another individual and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual; or

(b) For remote notarial acts, being in a different physical location from another individual but able to see, hear, and communicate with that individual by means of communication technology.

"Commission" is equivalent to the term "license" as defined in RCW 18.235.010(6).

"Department" means the Washington state department of licensing.

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

"Electronic journal" means a chronological record of notarizations maintained by a notary public in an electronic format in compliance with these rules.

"Electronic notarial acts" means notarizations or notarial acts with respect to electronic records.

"Electronic notarial certificate" means the part of, or attachment to, an electronic record that is completed by the notary public, contains the information required under RCW 42.45.130 and the notary's official stamp, bears that notary's electronic signature, and states the facts attested to by the notary in a notarization performed on an electronic record.

"Enroll" and "enrollment" mean a process for registering a notary public with a technology provider to access and use a tamper-evident technology in order to perform electronic notarial acts.

"Principal" means:

(a) An individual whose electronic signature is notarized; or

(b) An individual, other than a witness required for an electronic notarial act, taking an oath or affirmation from the notary public.

"Remote notarial act" means a notarization that is performed using audio-video technology that meets the requirements in WAC 308-30-310 that allows for direct interaction between the notary and the individuals that are remotely located.

"Sole control" means at all times being in the direct physical custody of the notary public or safeguarded by the notary with a password or other secure means of authentication.

"Tamper-evident technology" means a set of applications, programs, hardware, software, or other technologies designed to enable a notary public to perform electronic notarial acts and to display evidence of any changes made to an electronic record.

"Technology provider" means an individual or entity that offers the services of a tamper-evident technology for electronic notarial acts.

"Venue" means the state and county where the notary public is physically located while performing a notarial act.

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-020, filed 2/11/21, effective 3/14/21
WSR 18-12-028, § 308-30-020, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 06-20-061, § 308-30-020, filed 9/29/06, effective 11/1/06
WSR 93-05-009, § 308-30-020, filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5 and 20. WSR 85-24-025 (Order PL 571), § 308-30-020, filed 11/26/85, effective 1/1/86.

Wash. Admin. Code § 308-30-030 Application process for notary public commission.

(1) To apply for a notary public commission, an applicant who meets the requirements of RCW 42.45.200(2) shall submit an application on forms provided by the department. The application shall include:

(a) Evidence of a ten thousand dollar surety bond, signed by the notary public, that conforms to RCW 42.45.200(4);

(b) Payment of the prescribed fee; and

(2) As part of a notary public commission application, an applicant shall provide both their legal name and their commission name. The applicant's commission name must contain their surname, and at least the initials of the applicant's first and middle name.

(3) To apply for an electronic records notary public endorsement, an applicant who meets the requirements of RCW 42.45.200(7) shall submit an electronic records notary public application on forms provided by the department and pay the prescribed fee.

(4) An applicant may only apply for an electronic records notary public endorsement if:

(a) They currently hold an active notary public commission; or

(b) They are applying for a notary public commission and an electronic records notary public endorsement simultaneously.

(5) An individual applying for an electronic records notary public endorsement must inform the department within thirty days of applying of the tamper-evident technology provider that they have enrolled with before they perform their first electronic notarial act.

(6) To apply for a remote notary endorsement, an electronic records notary public shall submit a remote notary endorsement application on forms provided by the department.

(7) An applicant may only apply for a remote notary endorsement if:

(a) They currently hold an active notary public commission with an electronic records notary public endorsement;

(b) They currently hold an active notary public commission, and are applying for an electronic records notary public endorsement and a remote notary endorsement simultaneously; or

(c) They are applying for a notary public commission, an electronic records notary public endorsement, and a remote notarial acts endorsement simultaneously.

(8) A notary public shall reapply with the department for each commission term before performing notarial acts.

(9) A notary public may elect not to apply for an electronic records notary public endorsement or a remote notary endorsement.

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-030, filed 2/11/21, effective 3/14/21
WSR 18-12-028, § 308-30-030, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-030, filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5 and 20. WSR 85-24-025 (Order PL 571), § 308-30-030, filed 11/26/85, effective 1/1/86.

Wash. Admin. Code § 308-30-040 Approval or denial of application.

(1) Upon an applicant's fulfillment of the requirements for a notary public commission and/or an electronic records notary public endorsement, and/or a remote notary endorsement, the department shall approve the application and issue the notary public commission and/or any appropriate endorsements.

(2) If the department receives an incomplete or invalid application, the department shall hold the application for thirty calendar days to allow the applicant to cure any defects. After the thirty day period, the application shall be canceled and any application fees forfeited.

(3) An applicant may not perform any notarial acts on a tangible or electronic record before receiving a notary public commission and the appropriate endorsement from the department.

(4) The department may deny a commission or endorsement application if the applicant fails to comply with these rules or does not meet the requirements for licensure.

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-040, filed 2/11/21, effective 3/14/21
WSR 18-12-028, § 308-30-040, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-040, filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5 and 20. WSR 85-24-025 (Order PL 571), § 308-30-040, filed 11/26/85, effective 1/1/86.

Wash. Admin. Code § 308-30-050 Term of commission.

(1) The term of a notary public commission shall expire on the expiration date of the notary public's surety bond, no more than four years after their commission date.

(2) Unless terminated pursuant to WAC 308-30-270, an electronic records notary public endorsement and the remote notary endorsement are valid from the date the endorsement is issued by the department, and continues as long as the notary public's current commission remains valid.

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-050, filed 2/11/21, effective 3/14/21
WSR 18-12-028, § 308-30-050, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-050, filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5 and 20. WSR 85-24-025 (Order PL 571), § 308-30-050, filed 11/26/85, effective 1/1/86.

Wash. Admin. Code § 308-30-060 Application fees.

The following fees shall be charged by the department:

| Title of Fee | Fee | | --- | --- | | Application for notary public commission | $40.00 | | Application for electronic records notary public endorsement | $15.00 | | Renewal of notary public commission | $42.00 | | Renewal of electronic records notary public endorsement | $15.00 | | License print fee | $5.00 |

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-30-060, filed 10/21/22, effective 11/22/22. Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-060, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-060, filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5 and 20. WSR 85-24-025 (Order PL 571), § 308-30-060, filed 11/26/85, effective 1/1/86.

Wash. Admin. Code § 308-30-070 Size and form of official seal or stamp.

An official seal or stamp shall conform to the following requirements:

(1) The seal or stamp shall include the following information:

(a) The words "notary public";

(b) The words "state of Washington";

(d) The notary public's commission expiration date; and

(e) The notary public's commission number.

(2) The type on this seal or stamp shall be a minimum of 8 point type.

(3) The seal or stamp shall conform to the following physical requirements:

(a) The seal or stamp shall be minimum one and five-eighths inches diameter if circular, or one inch wide by one and five-eighths inches long if rectangular;

(b) The face of the seal or stamp shall be permanently affixed; and

(c) If the stamp is affixed to a tangible record, it shall be applied in permanent ink and shall be capable of being photocopied.

(4) The seal or stamp shall not contain the Washington state seal.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-070, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-070, filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5 and 20. WSR 85-24-025 (Order PL 571), § 308-30-070, filed 11/26/85, effective 1/1/86.

Wash. Admin. Code § 308-30-080 Acquiring official seal or stamp.

(1) A notary public shall procure an official seal or stamp only after receiving a certificate evidencing the notary public's commission from the department, and shall provide a copy of this certificate to their chosen seal or stamp vendor as part of procuring the stamp.

(2) A notary public with a commission in effect on July 1, 2018, may continue to use their notarial seal until the commission's date of expiration. A notary public who procures an official seal or stamp after July 1, 2018, is subject to and shall comply with the rules in WAC 308-30-070.

(3) The stamp a notary public acquires is the exclusive property of the notary public, and shall not be surrendered to an employer upon termination of employment, regardless of whether the employer paid for the seal or for the notary's bond or appointment fees.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-080, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-080, filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5 and 20. WSR 85-24-025 (Order PL 571), § 308-30-080, filed 11/26/85, effective 1/1/86.

Wash. Admin. Code § 308-30-090 Replacement of lost or stolen official seal or stamp.

(1) When an official seal or stamp is lost or stolen the notary public shall notify the department in writing within ten business days of discovering the seal or stamp was lost or stolen.

(2) The notary public may not obtain a replacement official seal or stamp until they have properly notified the department that the original was lost or stolen.

(3) A replacement official seal or stamp must contain some variance from the original seal or stamp.

(4) If the lost or stolen official seal or stamp is found or recovered after a replacement has been obtained, the original seal or stamp shall be destroyed.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-090, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-090, filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5 and 20. WSR 85-24-025 (Order PL 571), § 308-30-090, filed 11/26/85, effective 1/1/86.

Wash. Admin. Code § 308-30-100 Notary signature.

In addition to the requirements listed in RCW 42.45.130, a notary public signing the notarial certificate of a completed notarial act shall sign the notarial certificate using the exact name that appears on the notary's certificate of commission and their seal or stamp.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-100, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190, 43.35.055, 43.24.086, WAC 308-30-100. WSR 05-12-047, § 308-30-100, filed 5/26/05, effective 6/26/05. Statutory Authority: RCW 43.24.086. WSR 90-06-052, § 308-30-100, filed 3/2/90, effective 4/2/90. Statutory Authority: 1985 c 156 §§ 5 and 20. WSR 85-24-025 (Order PL 571), § 308-30-100, filed 11/26/85, effective 1/1/86.

Wash. Admin. Code § 308-30-110 Requirements for notarial acts.

(1) In performing a notarial act, the notary public shall be physically within the geographic borders of the state of Washington.

(2) A notarial officer who certifies that an event has occurred or an act has been performed shall determine, from personal knowledge or satisfactory evidence, that the occurrence or performance took place.

(3) Electronic notarial acts shall conform to the requirements listed in these rules and RCW 42.45.040 on signing parties appearing before the notary.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-110, filed 5/29/18, effective 7/1/18.

Wash. Admin. Code § 308-30-120 Authorized electronic notarial acts.

A notary public who has received an electronic records notary public endorsement from the department may perform the following electronic notarial acts:

(1) Taking an acknowledgment;

(2) Taking a verification on oath or affirmation;

(3) Witnessing or attesting a signature;

(4) Certifying or attesting a copy;

(5) Certifying that an event has occurred or an act has been performed; and

(6) Noting a protest of a negotiable instrument, if the notary public is:

(a) Licensed to practice law in the state of Washington;

(b) Acting under the authority of an attorney who is licensed to practice law in this or another state; or

(c) Acting under the authority of a financial institution regulated by this state, another state, or the federal government.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-120, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-120, filed 2/5/93, effective 3/8/93.

Wash. Admin. Code § 308-30-130 Requirements for technologies and technology providers.

A tamper-evident technology shall comply with these rules:

(1) A technology provider shall enroll only notaries public who have been issued an electronic records notary public endorsement pursuant to WAC 308-30-030.

(2) A technology provider shall take reasonable steps to ensure that a notary public who has enrolled to use the technology has the knowledge to use it to perform electronic notarial acts in compliance with these rules.

(3) A tamper-evident technology shall require access to the system by a password or other secure means of authentication.

(4) A tamper-evident technology shall enable a notary public to affix the notary's electronic signature and seal or stamp in a manner that attributes such signature and seal or stamp to the notary.

(5) A technology provider shall provide prorated fees to align the usage and cost of the tamper-evident technology with the term limit of the notary public electronic records notary public endorsement.

(6) A technology provider shall suspend the use of any tamper-evident technology for any notary public whose endorsement has been revoked, suspended, or canceled by the state of Washington or the notary public.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-130, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-130, filed 2/5/93, effective 3/8/93.

Wash. Admin. Code § 308-30-140 Refusal of requests to use system.

In addition to the reasons listed in RCW 42.45.060, a notary public shall refuse a request to:

(1) Use a tamper-evident technology that the notary does not know how to operate; or

(2) Perform an electronic notarial act if the notary has a reasonable belief that a tamper-evident technology does not meet the requirements set forth in these rules.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-140, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-140, filed 2/5/93, effective 3/8/93.

Wash. Admin. Code § 308-30-150 Completion of electronic notarial certificate.

(1) For every electronic notarial act and remote notarial act, a notary public shall complete an electronic notarial certificate that complies with the requirements of these rules, RCW 42.45.130 and 42.45.140.

(2) An electronic notarial certificate shall be completed at the time of notarization and in the presence of the principal.

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-150, filed 2/11/21, effective 3/14/21
WSR 18-12-028, § 308-30-150, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-150, filed 2/5/93, effective 3/8/93.

Wash. Admin. Code § 308-30-160 Certification of electronic notarial acts.

A notary public shall sign each electronic notarial certificate with an electronic signature that complies with WAC 308-30-170 and authenticate an electronic notarial act with an official stamp that complies with WAC 380-30-180.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-160, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 42.44.190. WSR 93-05-009, § 308-30-160, filed 2/5/93, effective 3/8/93.

Wash. Admin. Code § 308-30-170 Electronic notarial signature.

(1) A notary public shall use a tamper-evident technology that complies with WAC 308-30-130 of these rules to produce the notary's electronic signature in a manner that is capable of independent verification.

(2) A notary public shall take reasonable steps to ensure that no other individual may possess or access a tamper-evident technology used to produce the notary's electronic signature.

(3) A notary public shall keep in the sole control of the notary all or any part of a tamper-evident technology whose exclusive purpose is to perform electronic notarial acts.

(4) For the purposes of this section, "capable of independent verification" means that any interested individual may confirm through the department that a notary public who signed an electronic record in an official capacity had authority at that time to perform electronic notarial acts.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-170, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c). WSR 97-10-052, § 308-30-170, filed 5/1/97, effective 6/1/97.

Wash. Admin. Code § 308-30-180 Electronic notarial stamp.

(1) An electronic stamp may be used to authenticate an electronic notarial act if the electronic notarial certificate conforms to the rules set forth in RCW 42.45.130 and 42.45.140.

(2) An electronic stamp of a notary public used to authenticate an electronic notarial act shall conform to RCW 42.45.150 and WAC 308-30-070.

(3) The electronic stamp of a notary public shall be a digital image that appears in the likeness or representation of a traditional physical notary public official stamp meeting the requirements of RCW 42.45.150 and WAC 308-30-070.

(4) The tamper-evident technology used to create a notary public's electronic stamp shall not be used for any purpose other than performing electronic notarial acts under chapter 42.45 RCW and these rules.

(5) Only the notary public to whom the tamper-evident technology is registered shall generate an official stamp.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-180, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c). WSR 97-10-052, § 308-30-180, filed 5/1/97, effective 6/1/97.

Wash. Admin. Code § 308-30-190 Journal of notarial acts required.

(1) A notary public shall record each notarial act in a journal at the time of notarization in compliance with RCW 42.45.180 and these rules.

(2) If a notary public performs notarial acts involving different statements or documents for the same individual on the same date, the notary public may record a single entry in the journal for all of the statements or documents. The entry shall include the number of statements or documents notarized and shall otherwise conform to RCW 42.45.180 and these rules.

(3) The fact that the notary public's employer or contractor keeps a record of notarial acts shall not relieve the notary of the duties required by these rules.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-190, filed 5/29/18, effective 7/1/18. Statutory Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c). WSR 97-10-052, § 308-30-190, filed 5/1/97, effective 6/1/97.

Wash. Admin. Code § 308-30-200 Format of journals of notarial acts.

(1) A tangible notarial journal shall:

(a) Be a permanent, bound book with numbered pages; and

(b) Have the capacity to record for each notarial act:

(i) The information required by RCW 42.45.180(4);

(ii) A description of the notary public's method of identifying the principal; and

(iii) The principal's signature, or the signature of an authorized party in compliance with RCW 42.45.070, or a notation in the notary journal that the notarial act was performed via remote notarization.

(2) If a notary public keeps an electronic journal pursuant to RCW 42.45.180(3), the electronic journal shall:

(a) Be maintained only in addition to the tangible journal;

(b) Have the capacity to record the information required for a tangible notarial journal;

(d) Be tamper-evident;

(e) Create a duplicate record of the journal as a backup; and

(f) Be capable of providing tangible or electronic copies of any entry made in the journal.

(3) A notary public's journal is the exclusive property of the notary public, and shall not be surrendered to an employer upon demand or termination, whether the employer paid for the journal or the notary's bond or application fees.

(4) A notary performing remote notarization must maintain a tangible notary journal as required in RCW 42.45.180 and WAC 308-30-190, this section, and WAC 308-30-210. Notaries performing remote notarization are not required to collect and maintain the signatures of the signers when those notarizations were performed remotely. Notaries must note in their tangible notary log that a notarization was performed remotely.

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-200, filed 2/11/21, effective 3/14/21
WSR 18-12-028, § 308-30-200, filed 5/29/18, effective 7/1/18.

Wash. Admin. Code § 308-30-210 Disposition of journal.

(1) Ten years after the performance of the last notarial act chronicled in a tangible journal, the journal is to be destroyed by shredding or other destruction that leaves any entry in the journal illegible.

(2) Ten years after the performance of the last notarial act chronicled in an electronic journal, the journal is to be destroyed by deleting any remaining records pertaining to the electronic journal and deleting any remaining tamper-evident technology in the notary's possession.

(3) The personal representative or guardian of a notary public shall follow RCW 42.45.180(6) related to the disposition of the notary public's journals upon the death or adjudication of incompetency of the notary public.

(4) Nothing in this section shall require a notary to dispose of their notarial journal or journals if doing so would be in conflict with the law of another jurisdiction that requires a notary to keep their journal for a longer period of time.

(5) The notary public, or the notary's personal representative, shall provide access instructions to the department for any electronic journal maintained or stored by the notary, upon commission resignation, revocation, or expiration without renewal, or upon the death or adjudicated incompetence of the notary.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-210, filed 5/29/18, effective 7/1/18.

Wash. Admin. Code § 308-30-220 Fees for notarial acts.

(1) The maximum fees a notary may charge for notarial acts are:

| Notarial Act | Maximum Fee | | --- | --- | | Witnessing or attesting a signature | $15.00 | | Taking an acknowledgment or a verification upon oath or affirmation | $15.00 | | Certifying or attesting a copy | $15.00 | | Administering an oath or affirmation | $15.00 | | Certifying that an event has occurred or an act has been performed | $15.00 | | Remote notarial act | $25.00 |

(2) A notary public need not charge for notarial acts.

(3) A notary public may not charge fees for receiving or noting a protest of a negotiable instrument.

(4) A notary public may additionally charge the actual costs of copying any instrument or record.

(5) A notary public may charge a travel fee when traveling to perform a notarial act if:

(a) The notary public and the individual requesting the notarial act agree upon the travel fee in advance of the travel; and

(b) The notary public explains to the individual requesting the notarial act that the travel fee is in addition to the notarial fee in subsection (1) of this section and is not required by law.

(6) Notwithstanding the maximum fees set forth in subsection (1) of this section and the prohibition set forth in subsection (3) of this section, a notary public may charge a maximum fee of $25 to perform a remote notarial act.

History

Statutory Authority: RCW 42.45.170 and 42.45.250. WSR 24-11-162, § 308-30-220, filed 5/22/24, effective 6/22/24. Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-220, filed 2/11/21, effective 3/14/21
WSR 18-12-028, § 308-30-220, filed 5/29/18, effective 7/1/18.

Wash. Admin. Code § 308-30-230 Testimonials.

A notary may not endorse or promote any service, contest, or other offering if the notary's seal or title is used in the endorsement or promotional statement.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-230, filed 5/29/18, effective 7/1/18.

Wash. Admin. Code § 308-30-240 Forms.

(1) The forms in RCW 42.45.140 are examples of certificates with the sufficient information included. When a specific form is required by another statute of this state, the required form shall be used.

(2) A nonattorney notary may not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. This does not preclude a notary who is duly qualified in a particular profession from giving advice relating to matters in that professional field.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-240, filed 5/29/18, effective 7/1/18.

Wash. Admin. Code § 308-30-250 Change of name or address.

(1) When a notary public changes their name or address, the department of licensing must be notified of such change on forms prescribed by the department.

(2) A name change notification must be accompanied by a bond rider from the bonding company amending the notary bond, and the prescribed fee for a name change which provides a duplicate notary certificate showing the new name. There is no charge for an address change and a new certificate is not issued.

(3) A notary that submits a name change notification shall continue to use their original notary stamp or seal and their original name and signature until they receive a new commission certificate and seal or stamp with the new information.

History

Statutory Authority: RCW 18.235.030, 19.31.070, 19.105.530, 42.45.250, 64.36.270, chapters 19.31, 19.105, 42.45, and 64.36 RCW. WSR 26-04-128, s 308-30-250, filed 2/4/26, effective 3/7/26. Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-250, filed 5/29/18, effective 7/1/18.

Wash. Admin. Code § 308-30-260 Evidence of authenticity.

Requests for evidence of authenticity should be addressed to the Washington office of the secretary of state, corporations and charities division.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-260, filed 5/29/18, effective 7/1/18.

Wash. Admin. Code § 308-30-270 Termination or suspension of commission or endorsement.

(1) The department may take action against the commission and/or endorsement of a notary public who fails to comply with these rules as provided in RCW 42.45.210, 42.45.270, and chapter 18.235 RCW. Any restriction, suspension, or revocation of a notary public's commission will automatically have the same effect on any endorsement the notary public holds.

(2) A notary public may terminate their notary public commission and/or electronic records endorsement or remote notary endorsement by notifying the department of this intent in writing and disposing of all or any part of a tamper-evident technology in the notary's control whose purpose was to perform electronic notarizations.

(3) A notary public may terminate the electronic records notary public endorsement or the remote notary endorsement and maintain the underlying notary public commission.

(4) A notary public whose commission is terminated or expired, either by the notary or the department, shall disable their official stamp by destroying, defacing, damaging, or securing the device against use. The notary shall maintain their notarial journals for ten years as required by RCW 42.45.180 and WAC 308-30-210.

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-270, filed 2/11/21, effective 3/14/21
WSR 18-12-028, § 308-30-270, filed 5/29/18, effective 7/1/18.

Wash. Admin. Code § 308-30-280 Change of application information.

If any of the information submitted on a notary public's commission or endorsement applications pursuant to WAC 308-30-030 changes, the notary public shall report this change to the department in writing within fifteen days.

History

Statutory Authority: RCW 42.45.250. WSR 18-12-028, § 308-30-280, filed 5/29/18, effective 7/1/18.

Wash. Admin. Code § 308-30-290 Authorized remote notarial acts.

(1) A notary public who has received both an electronic records notary public endorsement and a remote notarial acts endorsement from the department may perform the following remote notarial acts:

(a) Taking an acknowledgment;

(b) Taking a verification on oath or affirmation;

(d) Certifying or attesting a copy;

(e) Certifying that an event has occurred or an act has been performed; and

(f) Noting a protest of a negotiable instrument, if the notary public is:

(i) Acting under the authority of an attorney who is licensed to practice law in this state or another state; or

(ii) Acting under the authority of a financial institution regulated by this state, another state, or the federal government.

(2) In performing remote notarial acts, a notary public shall comply with all requirements for electronic notarial acts under this chapter.

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-290, filed 2/11/21, effective 3/14/21.

Wash. Admin. Code § 308-30-300 Standards for identity proofing.

(1) In performing remote notarial acts, if a notary public does not have satisfactory evidence of the identity of a remotely located individual under subsection (4) of this section, the notary public must reasonably verify the individual's identity through two different types of identity proofing consisting of a credential analysis procedure and a dynamic knowledge-based authentication assessment as provided in subsections (2) and (3) of this section.

(2) Credential analysis must use public or private data sources to confirm the validity of the identification credential presented by a remotely located individual and shall, at a minimum:

(a) Use automated software processes to aid the notary public in verifying the identity of each remotely located individual;

(b) Require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identification credential is not fraudulent or inappropriately modified;

(c) Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and

(d) Enable the notary public visually to compare for consistency the information and photograph on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology.

(3) A dynamic knowledge-based authentication assessment is successful if it meets the following requirements:

(a) The remotely located individual must answer a quiz consisting of a minimum of five questions related to the individual's personal history or identity formulated from public or private data sources;

(b) Each question must have a minimum of five possible answer choices;

(d) All questions must be answered within two minutes;

(e) If the remotely located individual fails the first attempt, the individual may retake the quiz one time within twenty-four hours;

(f) During a retake of the quiz, a minimum of forty percent of the prior questions must be replaced;

(g) If the remotely located individual fails the second attempt, the individual is not allowed to retry with the same online notary public within twenty-four hours of the second failed attempt; and

(h) The notary public must not be able to see or record the questions or answers.

(4) A notary public has satisfactory evidence of the identity of a remotely located individual if:

(a) The notary public has personal knowledge of the identity of the individual; or

(b) The individual is identified by oath or affirmation of a credible witness in accordance with the following requirements:

(i) To be a credible witness, the witness must have personal knowledge of the remotely located individual;

(ii) The notary public must have personal knowledge of the credible witness or verify the identity of the credible witness by two different types of identity proofing in accordance with subsections (1), (2), and (3) of this section; and

(iii) A credible witness may be outside the physical presence of the notary public or remotely located individual if the notary public, credible witness, and remotely located individual can communicate by using communication technology.

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-300, filed 2/11/21, effective 3/14/21.

Wash. Admin. Code § 308-30-310 Standards for communication technology.

(1) Communication technology for remote notarial acts must provide for synchronous audio-visual feeds of sufficient audio clarity and video resolution to enable the notary public and remotely located individual to see and speak with each other. The process must provide a means for the notary public reasonably to confirm that an electronic record before the notary public is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature.

(2) Communication technology must provide reasonable security measures to prevent unauthorized access to:

(a) The live transmission of the audio-visual feeds;

(b) The methods used to perform identify verification; and

(3) If a remotely located individual must exit the workflow, the individual must restart the identify verification process required under WAC 308-30-300 from the beginning.

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-310, filed 2/11/21, effective 3/14/21.

Wash. Admin. Code § 308-30-320 Certificate of notarial act for remote notarial acts.

(1) A form of notarial certificate for a remote notarial act satisfies the requirement of RCW 42.45.280(4) and 42.45.130 (1)(g) if it is in the form provided by applicable law and contains a statement substantially as follows: "This notarial act involved the use of communication technology."

(2) A short form of acknowledgment prescribed in RCW 42.45.140 satisfies the requirement of RCW 42.45.280(4) and 42.45.130 (1)(g) if it is in substantially one of the following forms for the purposes indicated:

(a) For an acknowledgment in an individual capacity:

State of Washington

County of .......

This record was acknowledged before me by means of communication technology on (date) by (name(s) of individuals).

| | . . . . | | --- | --- | | | (Signature of notary public) | | | Notary Public | | (Electronic official stamp) | | | | | | | (My commission expires: . . . .) |

(b) For an acknowledgment in a representative capacity:

State of Washington

County of .......

This record was acknowledged before me by means of communication technology on (date) by (name(s) of individuals) as (type of authority, such as officer or trustee) of (name of party on behalf of whom the instrument was executed).

| | . . . . | | --- | --- | | | (Signature of notary public) | | | Notary Public | | (Electronic official stamp) | | | | | | | (My commission expires: . . . .) |

State of Washington

County of .......

Signed and sworn to (or affirmed) before me by means of communication technology on (date) by (name(s) of individuals making statement).

| | . . . . | | --- | --- | | | (Signature of notary public) | | | Notary Public | | (Electronic official stamp) | | | | | | | (My commission expires: . . . .) |

(d) For witnessing or attesting a signature:

State of Washington

County of .......

Signed or attested before me by means of communication technology on (date) by (name(s) of individuals).

| | . . . . | | --- | --- | | | (Signature of notary public) | | | Notary Public | | (Electronic official stamp) | | | | | | | (My commission expires: . . . .) |

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-320, filed 2/11/21, effective 3/14/21.

Wash. Admin. Code § 308-30-330 Retention of audio-visual recordings and repositories.

(1) A notary public must retain any audio-visual recording created under RCW 42.45.280 (3)(c) in a computer or other electronic storage device that protects the recording against unauthorized access by password or other secure means of authentication. The recording must be created in an industry-standard audio-visual file format and must not include images of any electronic record that was the subject of the remote notarial act.

(2) An audio-visual recording must be retained for at least ten years after the recording is made.

(3) A notary public must take reasonable steps to ensure that a backup of the audio-visual recording exists and is secure from unauthorized use.

(4) The fact that the notary public's employer, contractor, or repository keeps or stores any audio-visual recordings shall not relieve the notary of the duties required by these rules.

(5) The personal representative or guardian of a notary public shall follow RCW 42.45.280(6) related to the disposition of the notary public's audio-visual recordings upon the death or adjudication of incompetency of the notary public.

(6) The notary public, or the notary's personal representative or guardian, shall provide access instructions to the department for any audio-visual recordings maintained or stored by the notary, upon commission resignation, revocation, or expiration without renewal, or upon the death of adjudication of incompetency of the notary.

(7) A notary public, or the notary's personal representative or guardian, may by written contract engage a third party to act as a repository to provide the storage required by this section. A third party under contract under this section shall be deemed a repository under RCW 42.45.280(6).

(8) Any contract under subsection (7) of this section must:

(a) Enable the notary public, or the notary's personal representative or guardian, to comply with the retention requirements of this section even if the contract is terminated; or

(b) Provide that the information will be transferred to the notary public, or to the notary's personal representative or guardian, if the contract is terminated.

History

Statutory Authority: RCW 42.45.250. WSR 21-05-039, § 308-30-330, filed 2/11/21, effective 3/14/21.

Chapter 308-33 Employment agencies—Fee schedules.

Wash. Admin. Code § 308-33-011 Are the fees charged by employment agencies regulated?

Although fees are not regulated, employment agencies cannot require by contract or otherwise that an applicant pay in any one month period an amount which exceeds their gross earnings for that period.

Employment termination: How much does an applicant owe the employment agency?

| • | Employed sixty days or less - An applicant must pay up to twenty percent of the gross earnings received, or the full placement fee established in the employment agency contract, whichever is less. | | --- | --- | | • | Employed over sixty days - An applicant must pay the full placement fee established in the employment agency contract. Within seventy days after reporting to work, an applicant may submit payroll information to the agency to reevaluate the fee due based on the actual gross earnings for the first sixty days of employment. |

History

Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086 [43.24.086] and 1998 c 346. WSR 98-18-053, § 308-33-011, filed 8/28/98, effective 9/28/98. Statutory Authority: RCW 19.31.070. WSR 87-21-088 (Order PM 658), § 308-33-011, filed 10/21/87
WSR 81-02-031 (Order PL 359), § 308-33-011, filed 1/5/81
Order PL 272, § 308-33-011, filed 7/26/77, effective 9/21/77
Order PL 243, § 308-33-011, filed 4/1/76
Order PL-142, § 308-33-011, filed 1/24/73. Formerly WAC 308-33-010.

Wash. Admin. Code § 308-33-030 What are the guidelines for establishing fees in employment agency contracts?

(1) The contract must list the fee charged to an applicant under the following headings:

(a) Monthly salary;

(b) Range of agency's fee expressed in dollars; and

| A Monthly Salary | B Range of Agency's Fee Expressed in Dollars | C Agency's Fee as a Percent of Expected Monthly Compensation | | | | --- | --- | --- | --- | --- | | | Less than $300.00 | | Up to $90.00 | 30% | | | $300.00 to $349.99 | | $120.00 to $139.99 | 40% | | | $350.00 to $399.99 | | $175.00 to $199.99 | 50% |

(2) The agency may list the annual salary and agency fee as a percentage of the expected annual salary in addition to column C in the example above.

(3) The contract must contain any additional information concerning fees as required by law.

(4) Agencies cannot indicate, orally or in writing, that their contract and fee schedules are "approved" or in any way "recommended" by the state. However, they can indicate their contracts are "approved for use."

(5) An example of contract terms acceptable to the director are available upon request.

History

Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086 [43.24.086] and 1998 c 346. WSR 98-18-053, § 308-33-030, filed 8/28/98, effective 9/28/98. Statutory Authority: RCW 19.31.070. WSR 87-21-088 (Order PM 658), § 308-33-030, filed 10/21/87
WSR 81-02-031 (Order PL 359), § 308-33-030, filed 1/5/81
Order PL-142, § 308-33-030, filed 1/24/73
Order 337001, § 308-33-030, filed 2/26/70, effective 4/1/70.

Wash. Admin. Code § 308-33-060 Does an employment agency have to notify the applicant of their fee in writing once a job has been accepted?

If an applicant accepts a job through the efforts of an employment agency, the agency must notify the applicant of their fee in writing. The document must contain the following:

(1) Amount of fee expressed in dollars;

(2) Expected monthly or annual salary (whichever the fee is based upon);

(3) Date applicant began or will begin working; and

(4) Date payment is due to the agency.

History

Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086 [43.24.086] and 1998 c 346. WSR 98-18-053, § 308-33-060, filed 8/28/98, effective 9/28/98. Statutory Authority: RCW 19.31.070. WSR 87-21-088 (Order PM 658), § 308-33-060, filed 10/21/87
Order PL 118, § 308-33-060, filed 3/22/72, effective 4/21/72.

Wash. Admin. Code § 308-33-071 Signing of contracts—Applicant's rights.

(1) You must have an opportunity to discuss the contract and its terms with an authorized representative of the agency before signing.

(2) You must be given a signed carbon or duplicate copy of the contract immediately after signing.

(3) If you request only jobs in which the employer pays the agency fee, the agency must note that on all contracts prior to your signing the contract.

(4) If you accept a job and the fee is paid by the employer, the agency can request that you sign a contract obligating you to pay the agency fee if the job terminates within sixty days and the employer is reimbursed by the agency. All such contracts must contain the necessary information required by RCW 19.13.040 and must be approved by the director prior to their use.

History

Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086 [43.24.086] and 1998 c 346. WSR 98-18-053, § 308-33-071, filed 8/28/98, effective 9/28/98
Order PL 272, § 308-33-071, filed 7/26/77, effective 9/21/77
Order PL-142, § 308-33-071, filed 1/24/73. Formerly WAC 308-33-070.

Wash. Admin. Code § 308-33-090 Definition of a branch office.

A branch office is any location physically separated from the principal place of business of a licensee where the licensee or their employees conduct any activity meeting the criteria of an employment agency as defined in RCW 19.31.020.

History

Statutory Authority: RCW 18.235.030, 19.31.070, 19.105.530, 42.45.250, 64.36.270, chapters 19.31, 19.105, 42.45, and 64.36 RCW. WSR 26-04-128, s 308-33-090, filed 2/4/26, effective 3/7/26. Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086 [ 43.24.086] and 1998 c 346. WSR 98-18-053, § 308-33-090, filed 8/28/98, effective 9/28/98
Order PL-142, § 308-33-090, filed 1/24/73.

Wash. Admin. Code § 308-33-095 General manager examination.

(1) Examinations for general managers are written and consist of multiple choice questions covering the subject matter set forth in RCW 19.31.100.

(2) The minimum passing grade is seventy-five percent.

(3) Examinations are conducted at least once per month at locations specified by the director.

(4) The application and fee must be received by the department by the first of each month to be scheduled for the examination the following month. The fee is not refundable.

(5) Applicants failing the examination must submit a new application and fee.

(6) General managers who have passed the examination and become inactive in the employment agency business for more than one year are required to retake and pass the examination prior to being qualified to serve as a general manager.

History

Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086 [43.24.086] and 1998 c 346. WSR 98-18-053, § 308-33-095, filed 8/28/98, effective 9/28/98. Statutory Authority: RCW 19.31.070. WSR 87-21-088 (Order PM 658), § 308-33-095, filed 10/21/87
Order PL 272, § 308-33-095, filed 7/26/77, effective 9/21/77.

Wash. Admin. Code § 308-33-105 Employment agency fees.

The following fees shall be charged by the business and professions division of the department of licensing:

| Title of Fee | Fee | | | --- | --- | --- | | Agencies: | | | | | Original application and license | $823.00 | | | Renewal | 688.00 | | | Transfer of license | 150.00 | | | License print fee | 5.00 | | | New/amended contract or fee schedule review | 50.00 | | Branch office: | | | | | Original application and license | 580.00 | | | Renewal | 580.00 | | | Transfer of license | 25.00 | | | License print fee | 5.00 | | | General manager exam fee | 150.00 |

History

Statutory Authority: RCW 43.24.086 and 46.01.110. WSR 23-10-030, § 308-33-105, filed 4/27/23, effective 5/30/23. Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086 [43.24.086] and 1998 c 346. WSR 98-18-053, § 308-33-105, filed 8/28/98, effective 9/28/98. Statutory Authority: RCW 43.24.086. WSR 90-06-052, § 308-33-105, filed 3/2/90, effective 4/2/90
WSR 87-10-028 (Order PM 650), § 308-33-105, filed 5/1/87. Statutory Authority: 1983 c 168 § 12. WSR 83-22-060 (Order PL 446), § 308-33-105, filed 11/2/83
WSR 83-17-031 (Order PL 442), § 308-33-105, filed 8/10/83. Formerly WAC 308-33-100.

Chapter 308-47 Cremation, alkaline hydrolysis, and natural organic reduction.

Wash. Admin. Code § 308-47-010 Definitions.

(1) "Alkaline hydrolysis" or "hydrolysis" means the reduction of human remains to bone fragments and essential elements in a licensed hydrolysis facility using heat, pressure, water and base chemical agents.

(2) "Authorizing agent" means the person(s) legally entitled to control the disposition of the human remains.

(3) "Body parts" means limbs and other portions of human anatomy that have been removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research.

(4) "Cadaver" means human remains or any part thereof, which have been donated to science for medical research purposes.

(5) "Commingling" means the mixing of human remains following cremation, alkaline hydrolysis, or natural organic reduction of more than one deceased person.

(6) "Cremation" means the reduction of human remains to bone fragments in a crematory by means of incineration.

(7) "Cremation container" means a rigid, combustible container which encloses human remains for cremation.

(8) "Crematory" means a building or area of a building that houses one or more cremation chambers, to be used for the cremation of human remains.

(9) "Crematory authority, alkaline hydrolysis authority, or natural organic reduction authority" means the legal entity and their authorized representatives, licensed to reduce human remains through cremation, alkaline hydrolysis, or natural organic reduction.

(10) "Effluent" means the liquid end-product following alkaline hydrolysis.

(11) "Funeral establishment" means a place of business licensed in accordance with RCW 18.39.145, that provides for any aspect of the care, shelter, transportation, embalming, preparation, and arrangements for the disposition of human remains and includes all areas of such entity and all equipment, instruments, and supplies used in the care, shelter, transportation, preparation, and embalming of human remains.

(12) "Holding facility" means an area designated for the care, storage, and holding of human remains prior to disposition.

(13) "Human remains" means the body of a deceased person, including remains following the process of cremation, alkaline hydrolysis, or natural organic reduction.

(14) "Hydrolysis facility" means a structure, room, or other space in a building or structure containing one or more hydrolysis vessels, to be used for alkaline hydrolysis.

(15) "Natural organic reduction" means the contained, accelerated conversion of human remains to soil.

(16) "Natural organic reduction facility" means a structure, room, or other space in a building or real property where natural organic reduction of a human body occurs.

(17) "Processing" is the removal of foreign objects from human remains following cremation, alkaline hydrolysis, or natural organic reduction and may include pulverization.

(18) "Pulverization" is the reduction of identifiable bone fragments to unidentifiable dimensions by manual or mechanical means during or following cremation, alkaline hydrolysis, or natural organic reduction.

(19) "Reduced human remains" means human remains after the reduction process.

(20) "Reduction" means an accelerated conversion of human remains into bone fragments, essential elements, or soil by cremation, alkaline hydrolysis, or natural organic reduction.

(21) "Reduction chamber" means the enclosed space in a crematory, alkaline hydrolysis vessel, or natural organic reduction facility in which the reduction process takes place.

(22) "Reduction facility" means a crematory, or hydrolysis facility, or natural organic reduction facility that is solely devoted to the reduction of human remains.

(23) "Reduction facility operator" means the person(s) registered with the board who operates a crematory, alkaline hydrolysis equipment, or natural organic reduction facility.

(24) "Residue" means the products that may unavoidably remain in the reduction chamber after manual cleaning techniques are performed.

(25) "Shroud" means a leak resistant covering for human remains prior to alkaline hydrolysis, or natural organic reduction to ensure privacy and respectful handling of human remains.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-010, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-47-010, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-47-010, filed 9/9/02, effective 10/10/02.

Wash. Admin. Code § 308-47-020 Receipt and identification of human remains.

(1)(a) A reduction facility must not take custody of unidentified human remains. Before accepting human remains, the reduction facility must verify that identification is attached to the container, shroud, or human remains.

(b) A reduction facility operator may unwrap human remains prior to reduction for the sole purpose of verifying identification. If any action beyond identification is required, that action must be performed by a properly licensed individual.

(2) The reduction facility must assign an identification number for each human remains to be inscribed on a metal disc or metal tag.

(3) The metal identification disc or tag must include the name of the facility and accompany the human remains through each phase of the reduction, processing, and packaging.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-020, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-47-020, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-47-020, filed 9/9/02, effective 10/10/02.

Wash. Admin. Code § 308-47-030 Holding human remains for cremation.

(1) A crematory must not accept or hold human remains unless the human remains are contained in a cremation container which meets the following requirements:

(a) Assure protection to the health and safety of the crematory operator;

(b) Provide proper covering for the human remains; and

(2) The holding facility must:

(a) Comply with WAC 246-500-020 and all applicable public health laws;

(b) Preserve the dignity of the human remains;

(d) Be secure from access by anyone other than authorized personnel.

(3) If human remains are delivered to a crematory in a noncombustible container, the transfer of the remains to a combustible container must be performed by a properly licensed individual and in accordance with WAC 308-48-030.

(4) When a container is delivered and shows evidence of bodily fluid leakage, it must be returned to the contracting funeral establishment or transferred to a new container by a properly licensed individual.

(5) Human remains that are not embalmed must be held only within a mechanically or commercially acceptable refrigerated facility of adequate capacity, with a maximum temperature of 48 degrees Fahrenheit, and otherwise meet the requirements of chapter 246-500 WAC.

(6) If the crematory requires the removal of implanted devices, the devices must be removed by an embalmer or embalmer intern prior to delivery of the human remains to the crematory.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-030, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-47-030, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-47-030, filed 9/9/02, effective 10/10/02.

Wash. Admin. Code § 308-47-035 Holding human remains for alkaline hydrolysis or natural organic reduction.

(1) A hydrolysis facility or natural organic reduction facility must not accept or hold human remains unless the human remains are in a container or shroud that is resistant to leakage or spillage of bodily fluids.

(2) The holding facility must:

(a) Comply with WAC 246-500-020 and all applicable public health laws;

(b) Preserve the dignity of the human remains;

(c) Recognize the health and safety of the hydrolysis facility or natural organic reduction facility operators and others; and

(d) Be secure from access by anyone other than authorized personnel.

(3) If human remains are delivered to a hydrolysis facility or natural organic reduction facility in a container or shroud that is not suitable for placement in the reduction vessel, the transfer of the remains to the vessel must be performed by a properly licensed individual and in accordance with WAC 308-48-030.

(4) When a container or shroud is delivered and shows evidence of bodily fluid leakage, it must be returned to the contracting funeral establishment or transferred to a new container or shroud by a properly licensed individual.

(6) If the hydrolysis facility or natural organic reduction facility requires the removal of implanted devices, the devices must be removed by an embalmer or embalmer intern prior to delivery of the human remains to the facility.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-035, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-47-040 Reduction of human remains.

(1) Reduction must not take place until the burial transit permit and authorization for the reduction method are obtained.

(2) Immediately prior to being placed within the reduction chamber, the identification of the human remains must be verified by the reduction facility operator. Appropriate identification of the human remains will be placed near the reduction chamber in such a way as to identify the human remains being reduced. The metal identification disc or metal tag must be placed in the reduction chamber, with the human remains.

(3) Simultaneous reduction of more than one human remains within the same reduction chamber is not permitted, unless written authorization is obtained from the authorizing agent(s). Such written authorization will exempt the reduction facility from all liability for commingling the products of the reduction process.

(4) Simultaneous reduction of more than one human remains within the same reduction chamber may be performed without the authorizations required in subsection (3) of this section, if:

(a) Equipment, techniques, and other devices are employed that keep the human remains separate and distinct, before and during the reduction process;

(b) Recoverable human remains following reduction are kept separate and distinct after the reduction process.

(5) Reduction facilities licensed by the state funeral and cemetery board will not be used for any other purpose than the reduction of human remains, cadavers, or human body parts.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-040, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-47-040, filed 9/9/02, effective 10/10/02.

Wash. Admin. Code § 308-47-050 Processing human remains following reduction.

(1) Upon completion of the reduction process, the end products must be removed from the reduction chamber, with the exception of residue.

(2) The end products must be placed within an individual container or tray in such a way that will prevent commingling with other human remains following reduction.

(3) Identification must be attached to the container or tray.

(4) All human remains following reduction must undergo processing to comply with applicable legal requirements.

(5) Processing of human remains following reduction may not be required if human remains are placed in a cemetery, mausoleum, or columbarium, or if religious or cultural beliefs oppose the practice.

(6) All body prostheses, bridgework, or similar items removed from the human remains following reduction during processing will be disposed of by the reduction facility, as directed by the authorizing agent.

(7) If the reduction facility recycles metals or implants found during processing, the authorizing agent(s) must be advised in writing prior to reduction.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-050, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-47-050, filed 9/9/02, effective 10/10/02.

Wash. Admin. Code § 308-47-060 Packaging and storage of human remains following reduction.

(1) Human remains following reduction must be packaged in a sealable container or containers as may have been ordered or supplied by the authorizing agent or the reduction facility.

(2) The packaged human remains will be identified. The metal identification disc or metal tag must stay with the human remains.

(3) If the entire human remains will not fit within the designated container, the remainder of the human remains must be returned to the authorizing agent in additional containers, clearly identified as being part of, and together with the designated container. Upon written consent of the authorizing agent, excess human remains may be disposed of in any legal manner.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-060, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-47-060, filed 9/9/02, effective 10/10/02.

Wash. Admin. Code § 308-47-065 Recordkeeping requirements.

(1) A crematory, hydrolysis facility, or natural organic reduction facility must keep a permanent record of all reductions performed and the disposition or release of the human remains following cremation, alkaline hydrolysis, or natural organic reduction. The record must include the following information:

(a) Name of deceased;

(b) Date of death;

(d) Burial transit permit disposition date;

(e) Date of delivery of human remains to the reduction facility;

(f) Name(s) of authorizing agent;

(g) Relationship of authorizing agent(s);

(h) Name of entity that contracts with the reduction facility;

(i) Starting date of reduction process;

(j) Name of reduction facility operator;

(k) Name of person performing packaging;

(l) Date of packaging human remains following reduction;

(m) Date of release of the reduced human remains following reduction and the name of the individual(s) to whom the human remains were released; and/or

(n) Date and location of disposition of the human remains.

(2) In addition to the recordkeeping requirements listed above, natural organic reduction facilities must also keep a permanent record of:

(a) The ending date of the reduction process; and

(b) The daily temperature data for each natural organic reduction process, including records showing that the minimum temperature of 131 degrees Fahrenheit was reached for seventy-two consecutive hours.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-065, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-47-070 Disposition of unclaimed reduced human remains.

(1) When reduced human remains have been in the possession of a reduction facility, funeral establishment or cemetery for a period of ninety days or more, the entity holding the human remains following reduction may arrange for disposition in any legal manner, provided the entity:

(a) Attempts to contact the authorizing agent for disposition instructions by U.S. mail to the last known address;

(b) Informs the authorizing agent(s) of the procedures that will be followed if disposition instructions are not received;

(c) Informs the authorizing agent(s) that disposition will take place if disposition instructions are not received within sixty days of initiation of the contact process;

(d) Informs the authorizing agent(s) that recovery of the human remains following reduction, after the disposition, may or may not be possible; and

(e) Maintains a permanent record of the location of the disposition.

(2) No entity making disposition of human remains following reduction under subsection (1) of this section will be liable for the disposition or nonrecoverability of the human remains.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-070, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-47-070, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-47-070, filed 9/9/02, effective 10/10/02.

Wash. Admin. Code § 308-47-075 Reduction facility requirements.

(1) Crematory facilities must:

(a) Only use a commercially produced crematory unit(s); and

(b) Employ a licensed crematory operator or operators.

(2) Hydrolysis facilities must:

(a) Only use a purpose built vessel as a reduction chamber which meets generally accepted standards of the death care profession;

(b) Employ a licensed alkaline hydrolysis operator or operators; and

(3) Natural organic reduction facilities must:

(a) Only use a contained reduction vessel that is designed to promote aerobic reduction and minimizes odors and vectors;

(b) Employ a licensed natural organic reduction facility operator;

(d) Reach a minimum temperature of 131 degrees Fahrenheit for seventy-two consecutive hours during the reduction process.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-075, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-47-080 Facility licensure requirements for crematories, hydrolysis facilities, and natural organic reduction facilities.

(1) A license or endorsement is required in order to operate a crematory, hydrolysis facility, or natural organic reduction facility. Each applicant shall:

(a) Submit an application on a form approved by the funeral and cemetery board; and

(b) Pay a fee as determined by the director per RCW 43.24.086.

(2) The annual license renewal date for reduction facilities is January 31st.

(3) The regulatory fees for reduction facilities are collected at the time of renewal.

(4) All licenses must be posted at the reduction facility.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-080, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-47-090 Operator licensure for those who conduct cremations, alkaline hydrolysis, or natural organic reduction.

(1) Licenses are required for operators of each method of reduction. In order to operate a crematory, a hydrolysis facility, or a natural organic reduction facility, applicants must submit:

(a) An application on a form prescribed by the board;

(b) A nonrefundable application fee as defined in WAC 308-48-800; and

(c) A certificate of completion of operator training provided by the equipment manufacturer, or other provider generally accepted by the death care profession, or as approved by the board.

(2) Each operator license will expire annually on the 31st day of January and may be renewed by paying the renewal fee.

(3) Operators of equipment used to perform cremation, alkaline hydrolysis, or natural organic reduction must provide proof of current operator training every five years at the time of the license renewal.

(4) All licenses must be posted at the reduction facility.

History

Statutory Authority: RCW 18.39.175, 46.01.110, 68.05.100, and 68.05.105. WSR 23-19-098, § 308-47-090, filed 9/20/23, effective 10/21/23. Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-090, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-47-100 Reduction facilities—Inspections.

(1) Crematories, alkaline hydrolysis facilities, and natural organic reduction facilities regulated under the authority of chapters 18.39 and 68.05 RCW are subject to inspection at least once each year by the inspector of funeral establishments, crematories, alkaline hydrolysis, and natural organic reduction facilities, funeral directors, and embalmers to ensure compliance with Washington state laws and regulations related to health or the handling or disposition of human remains.

(2) Inspections shall cover compliance with applicable statutes and rules. Reduction facilities will be open for inspection during normal business hours. If the facility is not open, the ownership must identify someone to the department that can open the facility for an unannounced inspection, or provide a method of access to the inspector.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-100, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-47-110 Regulatory fees due for change of ownership for reduction facilities.

(1) The regulatory fees for crematories, alkaline hydrolysis facilities, and natural organic reduction are calculated per disposition and collected at the time of renewal of the license, permit, or endorsement.

(2) For a change of ownership, the selling entity is required to submit the regulatory fee for all dispositions performed by reduction facilities up to the date of transfer of ownership.

(3) Seller must pay the regulatory fees within thirty days after the date of the transfer of ownership.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47-110, filed 4/6/20, effective 5/7/20.

Chapter 308-47A Final disposition permit.

Wash. Admin. Code § 308-47A-010 Definitions.

(1) "Authorizing agent" means the person(s) legally entitled to control the disposition of the human remains.

(2) "Final disposition" means burial, entombment, inurnment or scattering.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47A-010, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-47A-020 Final disposition of reduced human remains—Permit.

(1) An authorizing agent or person or persons who have the right to control final disposition of reduced human remains under RCW 68.50.160(3) to dispose of human remains may do so without a permit.

(2) The authorizing agent may designate another person or entity to dispose of the reduced human remains. Where the designee regularly or occasionally disposes of reduced human remains for others, the designee must register to obtain a disposition permit to dispose of reduced human remains by land, sea, or air, where such disposition is made outside dedicated cemetery property.

(3) Reduced human remains may be scattered in any legal manner including:

(a) National parks, after receiving permission from the chief park ranger.

(b) State trust uplands, after receiving permission from the regional manager for each scattering.

(c) Public navigable waters under state control, including Puget Sound, Strait of Juan de Fuca, rivers, streams, and lakes.

(d) The Pacific Ocean beyond the mean lower low water mark. These scatterings must follow U.S. Environmental Protection Agency's General Permit for Burial at Sea. This includes reporting the burial within thirty days to the regional administrator of the U.S. Environmental Protection Agency, Region 10.

(e) Private land, with the permission of the landowner.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47A-020, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-47A-030 Final disposition permit application procedure.

(1) Designees who regularly or occasionally dispose of reduced human remains must submit an application for a final disposition permit on a form prescribed by the board and pay the application fee.

(2) All final disposition permits issued under this rule shall be issued for the calendar year and shall expire at midnight, the 31st day of March of each year, or at whatever time during any year that ownership or control of any permit holder is transferred or sold.

(3) The final disposition permit fees shall be as set forth in chapter 308-48 WAC and the department shall collect in advance the fees required for licensing.

History

Statutory Authority: RCW 18.39.175, 46.01.110, 68.05.100, and 68.05.105. WSR 23-19-098, § 308-47A-030, filed 9/20/23, effective 10/21/23. Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47A-030, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-47A-040 Final disposition of reduced human remains—Records and documentation.

(1) Final disposition permit holders must provide a certificate of disposition of human remains to the authorizing agent or person authorizing the disposition. The certificate shall identify:

(a) The name of the deceased;

(b) The location and date of the disposition of the human remains;

(d) The name of the authorizing agent; and

(e) The name of the funeral home, crematory, hydrolysis facility, natural organic reduction facility, or cemetery arranging the service, if applicable.

(2) Final disposition permit holders must:

(a) Maintain copies of records required under subsection (1) of this section for seven years from the date of disposition; and

(b) Make records available for inspection by the board.

(3) Final disposition permit holders shall report the number of dispositions performed in the previous year on the annual renewal form supplied by the department.

(a) Failure to provide such a report shall automatically suspend the permit.

(b) Such permit may be restored by making the proper report to the department.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-47A-040, filed 4/6/20, effective 5/7/20.

Chapter 308-48 Funeral directors, embalmers, crematories, alkaline hydrolysis facilities, and natural organic reduction facilities.

Wash. Admin. Code § 308-48-010 Definitions.

For the purpose of these rules, the following terms will be construed as follows:

(1) "Arrangements" means the discussion(s) that take place between the funeral director and person(s) with the right to control disposition, or their designated representative of the deceased, during which the funeral director provides options for the preparation of the body, use of facilities and staff, and selection of merchandise including the associated prices; and after which the funeral director provides a signed written summary of the services and/or merchandise selected to be provided by the funeral establishment.

(2) "Authorizing agent" means the person(s) legally entitled to control the disposition of the human remains.

(3) "Board" means the funeral and cemetery board.

(4) "Embalmer" means a person engaged in the profession or business of disinfecting and preserving human remains for transportation or final disposition.

(5) "Embalmer intern" is a person engaged in the study and supervised practical training of embalming under the instruction of a qualified sponsor.

(6) "Final disposition" means burial, entombment, inurnment, or scattering.

(7) "Funeral director" means a person engaged in the profession or business of providing for the care, shelter, transportation, and arrangements for the disposition of human remains that may include arranging and directing funeral, memorial, or other services.

(8) "Funeral director intern" is a person engaged in the study and supervised practical training of funeral directing under the instruction of a qualified sponsor.

(9) "Funeral establishment" means a place of business licensed in accordance with RCW 18.39.145, that provides for any aspect of the care, shelter, transportation, embalming, preparation, and arrangements for the disposition of human remains and includes all areas of such entity and all equipment, instruments, and supplies used in the care, shelter, transportation, preparation, and embalming of human remains.

(10) "Internship" means a course of required practical training, for a specified period of time, as a prerequisite for obtaining a license to practice the profession of funeral directing or embalming.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-010, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 09-06-043, § 308-48-010, filed 2/25/09, effective 3/28/09
WSR 07-18-030, § 308-48-010, filed 8/28/07, effective 9/28/07
WSR 07-03-027, § 308-48-010, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-48-010, filed 9/9/02, effective 10/10/02
WSR 86-15-022 (Order PM 604), § 308-48-010, filed 7/11/86. Statutory Authority: RCW 18.39.175. WSR 83-04-020 (Order PL 419), § 308-48-010, filed 1/26/83
Rule 1, filed 9/17/64.

Wash. Admin. Code § 308-48-015 Retired status certificate of registration.

Any individual who has been issued a license, in accordance with chapter 18.39 RCW, as a funeral director and/or embalmer having reached at least the age of sixty-two and having discontinued active practice may be eligible to obtain a "retired certificate of registration." If granted, further certificate of registration renewal fees and continuing education are waived. For the purpose of this provision, active practice has the same meaning as funeral director and/or embalmer under RCW 18.39.010 (3) and (4).

(1) Applications. Those persons wishing to obtain the status of a retired registration shall complete an application form, as provided by the board. The retired status would become effective upon the filing of a complete application.

(2) Privileges. In addition to the waiver of the renewal fee and continuing education, a retired registrant is permitted to:

(a) Retain and display the board-issued wall certificate of registration;

(b) Use the title funeral director and/or embalmer, provided that it is supplemented by the term "retired";

(d) Provide references for persons seeking licensure under 18.39 RCW;

(e) Serve as a volunteer in an instructional capacity on funeral directing and/or embalming topics; and

(f) Provide services as a technical expert before a court, or in preparation for pending litigation, on matters directly related to funeral directing and/or embalming work performed by the registrant prior to being granted a retired registration.

(3) Restrictions. A retired registrant is not permitted to: Perform any duties of a funeral director and/or embalmer on a full-time, part-time or occasional basis.

(4) Certificate of registration reinstatement. A retired registrant, upon written request to the board and payment of the current renewal fee, may resume active practice as a funeral director and/or embalmer. At that time, the retired registrant shall be removed from retired status and placed on valid/active status in the records of the board.

(5) Exemptions. Under no circumstances shall a registrant be eligible for a retired certificate of registration if their license(s) has been revoked, surrendered, or in any way permanently terminated by the board under chapter 18.39 RCW. Registrants who are suspended from practice and/or who are subject to terms of a board order at the time they reach age sixty-two, shall not be eligible for a retired registration until such time that the board has removed the restricting conditions.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-015, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 09-06-043, § 308-48-015, filed 2/25/09, effective 3/28/09.

Wash. Admin. Code § 308-48-030 Care of human remains.

(1) Funeral establishments, funeral directors, embalmers, interns, employees or agents while providing for the care and handling of human remains shall:

(a) Comply with all applicable Washington state laws, rules and regulations related to health or the handling, transportation or disposition of human remains. This rule includes compliance with OSHA/WISHA standards specifically defined in OSHA 29 C.F.R. 1910.1030 with regard to the handling of human remains and infectious materials.

(b) Not perform any act which will tend to affect adversely the dignity, individual integrity or the respectful and reverential handling and burial or other lawful disposition of human remains.

(c) Upon receipt of the human remains, obtain the identity of the human remains as established by the institution, agency, or individual releasing the remains and place an identification bracelet or tag on the ankle or wrist of the remains. In the case of a remains that must be placed in a protective pouch due to the condition of the remains, an identification bracelet or tag should be placed inside the pouch and a second bracelet or tag attached to the exterior of the pouch.

(d) Follow the directions of the individual or individuals that has/have the right to control the disposition of the human remains.

(e) Record and maintain the following information:

(i) Name of deceased;

(ii) Date of death;

(iii) Place of death;

(iv) Name and relationship of person(s) having the right to control the disposition;

(v) Date and time of receipt of remains;

(vi) Date and time of refrigeration and/or embalming;

(vii) Date and time of removal of remains from refrigeration;

(viii) Method, date and location of disposition.

(f) Not separate any organs, viscera or appendages of a human remains from any other portion of the remains for a separate or different disposition.

(g) Provide refrigerated holding of a human remains for which embalming has not been authorized. In addition to these regulations, the handling and refrigeration of human remains shall be governed by chapter 246-500 WAC.

(2) The care and preparation for burial or other disposition of all human remains shall be private. No one shall be allowed in the embalming or preparation rooms while a human remains is being embalmed or during the course of an autopsy except the licensee, their licensed employees, and public officials in the discharge of their duties. This rule shall not apply to medical personnel employed in a situation requiring medical expertise or those authorized to be present by the decedent's next of kin.

(3) Every licensee shall provide a written itemization of any property, money, jewelry, possessions or other items found on a human remains in the licensee's care, custody or control to the decedent's next of kin or the proper authorities.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-030, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-48-030, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 97-21-061, § 308-48-030, filed 10/14/97, effective 11/14/97. Statutory Authority: RCW 18.39.157(4) [18.39.175(4)]. WSR 88-08-015 (Order PM 716), § 308-48-030, filed 3/28/88. Statutory Authority: RCW 18.39.175. WSR 83-04-020 (Order PL 419), § 308-48-030, filed 1/26/83
Rule 3, filed 9/17/64.

Wash. Admin. Code § 308-48-031 Funeral establishment facility, equipment, and embalming and preparation room standards.

A funeral establishment or branch establishment shall:

(1) Have an exclusive area/office at an identified location for conducting the business which is accessible to the public.

(2) Provide private and secure area(s) for holding human remains which will include:

(a) A mechanically or commercially acceptable refrigerated holding area of adequate capacity for unembalmed remains with a maximum temperature of 48 degrees Fahrenheit or as determined by chapter 246-500 WAC;

(b) A sink with hot and cold running water;

(c) Covered receptacles for soiled linens, bandages, refuse and other waste materials which meet OSHA, WISHA, department of health and any other applicable regulations;

(d) Adequate chemicals for the disinfection of human remains and the equipment used in handling and caring for human remains;

(e) Chemical storage that meets OSHA, WISHA, department of health and any other applicable regulations.

(3) Provide rest rooms that are available for staff and the public.

(4) In the case where the holding of human remains is not provided at this facility, provide the identification of the facility upon request to the board and the individual or individuals that has/have the right to control the disposition of the human remains where this establishment or branch provides for the holding and/or preparation of the human remains entrusted to its care (this off-site facility must meet the requirements of subsection (2) of this section).

(5) Provide for the privacy of uncasketed human remains in vehicles used for transportation of the remains by screening, curtains, or adequately tinted windows.

(6) Provide a room used exclusively for embalming human remains if embalming is performed at the establishment or branch. Such room shall be maintained and kept in a clean sanitary condition. Every embalming and preparation room shall be constructed, equipped, and maintained as follows:

(a) The surfaces of the floor, walls, and ceiling shall be covered with tile or other hard, smooth, impervious washable material.

(b) The room shall be adequately lighted and adequately ventilated. The ventilation shall be provided by an exhaust fan and shall comply with OSHA/WISHA standards.

(c) The room shall be equipped and provided with hot and cold running water, a utility sink, and cabinets, closets or shelves for instruments and supplies.

(d) The room shall be equipped with adequate sewage and waste disposal and drainage facilities and systems and comply with OSHA/WISHA standards.

(e) The doors shall be tight closing and rigid and any windows of the room shall be so maintained as to obstruct any view into such room. The room's entry door(s) must be labeled "Private" or "Authorized Entry Only," and must be locked at all times.

(f) The embalming or preparation table shall be nonporous.

(g) The room shall be equipped with proper and convenient covered receptacles for biohazard refuse.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-031, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-48-031, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-48-031, filed 9/9/02, effective 10/10/02
WSR 97-21-060, § 308-48-031, filed 10/14/97, effective 11/14/97. Statutory Authority: RCW 18.39.157(4) [18.39.175(4)]. WSR 88-08-015 (Order PM 716), § 308-48-031, filed 3/28/88.

Wash. Admin. Code § 308-48-040 Control of human remains.

No licensee will, directly or indirectly, assume control of any human remains without having first obtained authority from the person(s) having the right to control the disposition of the human remains under RCW 68.50.160, as to matters relating to the preparation, handling and final disposition of the human remains (including steps in preparation, autopsy, embalming, dressing, viewing, videotaping, photographing, funeral, disposition merchandise, and disposition arrangements).

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-040, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-48-040, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-48-040, filed 9/9/02, effective 10/10/02
Rule 4, filed 9/17/64.

Wash. Admin. Code § 308-48-050 Confidentiality.

No licensee will divulge any information as to illness, cause of death, financial affairs or transactions, and any other information customarily considered confidential, obtained while serving in such licensed capacity.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-050, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-48-050, filed 9/9/02, effective 10/10/02
Rule 5, filed 9/17/64.

Wash. Admin. Code § 308-48-060 Against concealment of crime.

(1) No licensee will remove, embalm, or perform other preparation of a human remains when they have information indicating crime or violence in connection with the cause of death, until permission is obtained from a coroner, medical examiner or other qualified official.

(2) Any licensee having or obtaining, as a result of providing services, any information in relation to a possible crime must communicate such information to a properly qualified official.

(3) No licensee will perform any act knowing that it will conceal evidence of crime.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-060, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-48-060, filed 9/9/02, effective 10/10/02
WSR 86-15-022 (Order PM 604), § 308-48-060, filed 7/11/86
Rule 6, filed 9/17/64.

Wash. Admin. Code § 308-48-075 Display of licenses.

(1) A licensee must display a license in each location where they are employed.

(2) If licensed work is provided by an agent at the funeral establishment or branch, a copy of the license will be displayed in each location where the licensed work occurs.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-075, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 87-11-063 (Order PM 652), § 308-48-075, filed 5/20/87.

Wash. Admin. Code § 308-48-080 Improper use of license.

No licensee shall lend, place, permit or authorize the placement of their license in any establishment or place of business unless the licensee is an owner, part owner or bona fide employee of such place of business, nor shall a funeral establishment or place of business to pretend or represent that it is legally qualified to perform funeral directing or embalming by any such improper use of their license.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-080, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-48-080, filed 1/5/07, effective 2/5/07
Rule 8, filed 9/17/64.

Wash. Admin. Code § 308-48-085 Funeral establishments and branch establishments—Inspections.

(1) Funeral establishments and branch establishments licensed under the provisions of chapter 18.39 RCW will be inspected at least once each year by the duly appointed department inspector.

(2) Inspections shall cover compliance with applicable statutes and rules. Funeral establishments and branch establishments will be open for inspection during normal business hours. If the establishment or branch establishment is not open, the ownership must identify someone to the department that can open the establishment or branch establishment for an unannounced inspection, or provide a method of access to the inspector.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-085, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-48-085, filed 9/9/02, effective 10/10/02. Statutory Authority: RCW 18.39.157(4) [18.39.175(4)]. WSR 88-08-015 (Order PM 716), § 308-48-085, filed 3/28/88
Order PL 273, § 308-48-085, filed 8/1/77.

Wash. Admin. Code § 308-48-132 Funeral director licensure requirements.

An applicant for a license as a funeral director shall meet the following requirements:

(1) Be at least eighteen years of age;

(2) Complete the following education requirements at an accredited institution approved by the board:

(a) Obtain an associate of arts degree in mortuary science; or

(b) Complete two years of college course work as follows:

(i) Obtain sixty semester credits or ninety quarter credits of college-level instruction with a minimum 2.0 grade point, or a grade of C or better, in courses listed in (b)(ii) of this subsection.

(ii) Credits shall include one course in psychology, one in mathematics, two courses in English composition, two courses in social science, and three courses selected from the following subjects: Behavioral sciences, public speaking, counseling, business administration and management, computer science, and first aid.

(3) Complete a one-year internship with a licensed funeral director; and

(4) Pass an examination in the funeral arts and an examination in the laws of this state pertaining to the handling, care, transportation, and disposition of human remains and the contents of chapter 18.39 RCW.

(5) An applicant's military training or experience may satisfy some or all of the education and training requirements for licensure as determined by the board on a case-by-case basis.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-132, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-48-135 Embalmer licensure requirements.

An applicant for a license as an embalmer must meet the following requirements:

(1) Be at least eighteen years of age.

(2)(a) Obtain an associate of arts degree in mortuary science; or

(b) Complete a course of instruction in an accredited mortuary science college program and other college courses that total sixty semester hours or ninety quarter hours.

(3) Complete a two-year internship under a licensed embalmer.

(4) Pass an examination in the funeral sciences and an examination in the laws of this state pertaining to the handling, care, transportation, and disposition of human remains, and the contents of chapter 18.39 RCW.

(5) An applicant's military training or experience may satisfy some or all of the education and training requirements for licensure as determined by the board on a case-by-case basis.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-135, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-48-141 Application for examination and reciprocity.

(1) Applicants for initial licensing as a funeral director or embalmer must submit:

(a) An application on a form prescribed by the board.

(b) Official sealed college transcripts.

(d) A nonrefundable application fee as defined in WAC 308-48-800.

(2) Applicants seeking reciprocity must submit:

(a) An application on a form prescribed by the board.

(b) Official verification of out-of-state licensure from the out-of-state licensing board.

(d) A nonrefundable application fee as defined in WAC 308-48-800.

History

Statutory Authority: RCW 18.39.050, 18.39.175, 43.24.086 and chapter 34.05 RCW. WSR 09-17-116, § 308-48-141, filed 8/18/09, effective 9/18/09.

Wash. Admin. Code § 308-48-142 Licensing examination.

(1) The board adopts the national examination and grading procedure of the International Conference of Funeral Service Examining Boards (ICFSEB).

(2) All applicants must pass a state law examination. In addition, applicants for funeral director licensing are required to pass an examination in funeral arts. Applicants for embalmer licensing must pass an examination in funeral sciences.

(3) Examination fees must be paid to and collected by the ICFSEB directly.

History

Statutory Authority: RCW 18.39.050, 18.39.175, 43.24.086 and chapter 34.05 RCW. WSR 09-17-116, § 308-48-142, filed 8/18/09, effective 9/18/09.

Wash. Admin. Code § 308-48-145 Approval of embalming schools and accrediting associations.

(1) The board adopts the standards of the American Board of Funeral Service Education, Inc., in approving courses of instruction in embalming schools, pursuant to RCW 18.39.035(2). The board approves all schools accredited by, and in good standing with, the American Board of Funeral Service Education, Inc.

(2) The board approves associations accrediting schools, colleges or universities providing a two-year college course pursuant to RCW 18.39.045. The board approves of accrediting groups recognized by the Council for Higher Education Accreditation. The board adopts the standards of the Council for Higher Education Accreditation.

The board may approve other accrediting associations which meet the board's standards. It is the responsibility of an association to apply for approval and of an applicant to ascertain whether or not a school, college or university has been accredited by an association approved by the board.

History

Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-48-145, filed 9/9/02, effective 10/10/02. Statutory Authority: RCW 18.39.175(4), 18.39.035(2) and 18.39.045. WSR 84-11-059 (Order PL 468), § 308-48-145, filed 5/18/84.

Wash. Admin. Code § 308-48-150 Course of training—Funeral director intern.

(1) For the purposes of RCW 18.39.035, the term "one year course of training" shall include assisting a licensed funeral director in coordinating all aspects of at least twenty-five arrangements for funeral, memorial and/or final disposition services for human remains.

(2) The term "one year" shall consist of at least eighteen hundred hours of employment and cannot be completed in a period of time less than one calendar year.

(3) Registered funeral director interns shall provide a quarterly report to the board on a form supplied by the board containing information relating to the arrangements, services, final dispositions, and other duties of a funeral director the intern has assisted with or performed during the required term of internship.

(4) Licensed sponsors shall provide a quarterly report to the board on a form supplied by the board showing the progress of the intern toward the skill level required to work independently.

History

Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-18-030, § 308-48-150, filed 8/28/07, effective 9/28/07
WSR 07-03-027, § 308-48-150, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 97-21-062, § 308-48-150, filed 10/14/97, effective 11/14/97
WSR 86-15-022 (Order PM 604), § 308-48-150, filed 7/11/86
Order PL-259, § 308-48-150, filed 12/7/76
Order PL 122, § 308-48-150, filed 5/9/72.

Wash. Admin. Code § 308-48-160 Course of training—Embalmer interns.

(1) For the purposes of RCW 18.39.035, the term "two year course of training" shall include the embalming of at least twenty-five human remains under the supervision of a licensed embalmer.

(2) The term "two year" shall consist of at least thirty-six hundred hours of employment and cannot be completed in a period of time less than two calendar years.

(3) Registered embalmer interns shall provide a quarterly report to the board on a form supplied by the board containing information relating to the embalmings the intern has assisted with or performed during the required term of internship.

(4) Licensed sponsors shall provide a quarterly report to the board on a form supplied by the board showing the progress of the intern toward the skill level required to work independently.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-160, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-18-030, § 308-48-160, filed 8/28/07, effective 9/28/07
WSR 07-03-027, § 308-48-160, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 97-21-062, § 308-48-160, filed 10/14/97, effective 11/14/97
WSR 86-15-022 (Order PM 604), § 308-48-160, filed 7/11/86
Order PL-259, § 308-48-160, filed 12/7/76
Order PL 122, § 308-48-160, filed 5/9/72.

Wash. Admin. Code § 308-48-180 Renewal of licenses—Funeral directors, embalmers, funeral director interns and embalmer interns.

(1) The annual license renewal date for embalmers and funeral directors is the 31st day of January of each year. The annual renewal license date for embalmer interns and funeral director interns is the licensee's birth date. Interns making application and fulfilling requirements for their first license will be issued a license, which will expire on their next birth date.

(2) All licensees, with the exception of academic intern, must renew annually.

(3) Before the expiration date of the license, the director will mail a notice of renewal. The licensee must return such notice along with current renewal fees prior to the expiration of the license. Failure to renew the license prior to the expiration date will require payment of a late fee.

History

Statutory Authority: RCW 18.39.175, 46.01.110, 68.05.100, and 68.05.105. WSR 23-19-098, § 308-48-180, filed 9/20/23, effective 10/21/23. Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-180, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-48-180, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-48-180, filed 9/9/02, effective 10/10/02
Order PL 207, § 308-48-180, filed 11/5/75
Order PL 171, § 308-48-180, filed 5/20/74.

Wash. Admin. Code § 308-48-200 Report of internship registration, termination, transfer and credit.

(1) The responsibility for notifying the director, department of licensing of internship registration and termination rests with the licensee sponsor. In order to protect the status of the intern in cases where the employing licensee fails to initiate the required report of registration or termination, the affected intern should initiate and ensure submission of same. The notification shall be certified by signature of the sponsor.

(2) No credit for internship will be allowed for any period during which the intern is not registered pursuant to RCW 18.39.120. In the event an intern's sponsor dies or is otherwise incapable of certifying internship credit, such credit may be given by certification by another licensed funeral director or embalmer who has knowledge of the work performed and the credit due or by documentation or reasonable proof of such credit as determined by the board.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-200, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-48-200, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-48-200, filed 9/9/02, effective 10/10/02. Statutory Authority: RCW 18.39.120 and 18.39.175. WSR 88-01-024 (Order PM 697), § 308-48-200, filed 12/9/87. Statutory Authority: RCW 18.39.175. WSR 83-04-020 (Order PL 419), § 308-48-200, filed 1/26/83
Order PL-249, § 308-48-200, filed 5/21/76.

Wash. Admin. Code § 308-48-205 Abandoned licensure applications.

If a licensing applicant fails to complete the licensing process and their records show no activity for six consecutive years, the board will consider the application abandoned. No activity includes, but is not limited to:

(1) Failure to submit the required documents within six consecutive years from the receipt of the most recent information submitted.

(2) Failure to provide the board with any written communication during six consecutive years indicating the applicant is attempting to complete the licensing process.

(3) If the application is considered abandoned, it may be archived or destroyed, and the applicant will be required to reapply for licensure and comply with the licensing requirements in effect at the time of reapplication.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-205, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-48-210 Establishment licensure.

(1) Any provider of any aspect of the care, shelter, transportation, embalming, other preparation and arrangements for the disposition of human remains must be licensed as a funeral establishment. Establishments must obtain a funeral establishment or branch license for each location.

(2) The establishment license requirement does not apply to a facility whose sole function is to perform reduction of human remains.

(3) Branches of an establishment may operate under the general license of the establishment, pursuant to RCW 18.39.145 and 18.39.148 and the following terms and conditions:

(a) Branch(es) must operate under the same name as the establishment.

(b) Branch(es) must display a current branch license.

(c) Branch(es) must have a licensed funeral director in its employ and available to provide any services requiring the professional skills of a licensee.

(d) The failure of a branch to meet the standards of an establishment may result in cancellation of the establishment license, pursuant to RCW 18.39.148.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-210, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-48-210, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-48-210, filed 9/9/02, effective 10/10/02
WSR 87-11-063 (Order PM 652), § 308-48-210, filed 5/20/87.

Wash. Admin. Code § 308-48-220 Designated funeral directors—Qualifications and responsibilities.

(1) For the purposes of RCW 18.39.145 each funeral establishment and branch establishment must employ a designated funeral director. The designated funeral director must:

(a) Have a minimum of one year of practical experience as a licensed funeral director in the state of Washington.

(b) Be involved in the execution of the daily activities of the business.

(c) Complete and submit the designated funeral director form when beginning and leaving the position of designated funeral director.

(2) The designated funeral director may be held responsible for the funeral establishment's compliance with state law or other regulation affecting the handling, custody, care, transportation, or disposition of human remains.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-220, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-48-530 Continuing education requirements.

To meet the statutory continuing education requirement for renewing licenses for funeral directors, embalmers, funeral director interns and embalmer interns, the board requires the following:

(1) To maintain active practice, licensees must accumulate five hours of continuing education hours (CE) for the upcoming one year renewal period.

(a) The five hours of CE must include one hour of OSHA/WISHA training.

(b) Credits in excess of five hours cannot be carried forward to another renewal period.

(2) The CE accumulated is subject to audit by the board.

(3) Licensees are responsible to seek out qualifying CE that can be demonstrated to the board as relevant to professional development.

(a) Activities are not preapproved by the board.

(b) Activities must be relevant to the practice of funeral directing (for licensed funeral directors and funeral director interns) or embalming (for licensed embalmers and embalmer interns) and may include technical, ethical, or managerial content.

(c) All activities must have a clear purpose and objective that will maintain, improve, or expand skills and knowledge relevant to the practice of the profession(s).

(4) The board is the final authority with respect to claimed CE and the respective CE credit.

(5) The CE becomes eligible for credit upon completion of the given activity.

(6) Licensees must maintain the records of the CE and have the records available for inspection at their place of employment. The records must include the date of the activity, the provider's name, a description of activity and the number of CE hours.

(7) Licensees must keep their records for the cumulative time in the current renewal period plus the two years before the last renewal (three years total).

(8) By renewing a professional funeral director license, embalmer license, funeral director intern license or embalmer intern license, the licensee attests they have completed the required continuing education for that renewal period.

(9) The board will audit a random sample of licensees yearly. If a licensee is selected for an audit, the board will provide instructions about how to respond.

(10) Licensees may face disciplinary action for failing to complete the continuing education requirement or falsifying CE records.

(11) If an audit disqualifies credits that a licensee reported to the board and results in them failing to complete the CE requirements, the board may require the shortage to be made up over a period of time established by the board.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-530, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-48-530, filed 1/5/07, effective 2/5/07. Statutory Authority: 1984 c 279 § 53(b). WSR 85-01-077 (Order PL 504), § 308-48-530, filed 12/19/84.

Wash. Admin. Code § 308-48-540 Continuing education requirement to reinstate lapsed license.

Any person seeking to reinstate a license which has lapsed for less than one year must comply with the continuing education requirements for regular renewal of the license. Any person seeking to reinstate a license which has lapsed for one year or longer must present satisfactory evidence of having completed at least five hours of approved continuing education activities for the period prior to their reinstatement.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-540, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(7). WSR 90-24-056, § 308-48-540, filed 12/3/90, effective 1/3/91. Statutory Authority: 1984 c 279 § 53(b). WSR 85-01-077 (Order PL 504), § 308-48-540, filed 12/19/84.

Wash. Admin. Code § 308-48-570 Continuing education discretionary exception for emergency situation.

In emergency situations, such as personal or family sickness, the funeral and cemetery board may waive, for good cause shown, all or part of the continuing education requirement for a renewal period for an individual licensee. The board will require such verification of the emergency as is necessary to prove its existence.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-570, filed 4/6/20, effective 5/7/20. Statutory Authority: 1984 c 279 § 53(b). WSR 85-01-077 (Order PL 504), § 308-48-570, filed 12/19/84.

Wash. Admin. Code § 308-48-580 Transfer of ownership or control—New licenses required.

A new license must be obtained following the sale or transfer of ownership or a controlling interest in a cemetery authority, reduction facility, funeral establishment, or branch establishment. All licenses are nontransferable.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-580, filed 4/6/20, effective 5/7/20. Statutory Authority: 1984 c 279 § 53(b). WSR 85-01-077 (Order PL 504), § 308-48-580, filed 12/19/84.

Wash. Admin. Code § 308-48-800 Fees.

(1) Funeral fees.

| Title of Fee | Fee | | | --- | --- | --- | | Embalmer: | | | | | State examination application | $135.00 | | | Renewal | 203.00 | | | Late renewal fee | 47.00 | | | License print fee | 5.00 | | Embalmer intern: | | | | | Intern application | 182.00 | | | Application for examination | 100.00 | | | Intern renewal | 135.00 | | | Late renewal fee | 47.00 | | | License print fee | 5.00 | | Funeral director: | | | | | State examination application | 135.00 | | | Renewal | 203.00 | | | Late renewal fee | 47.00 | | | License print fee | 5.00 | | Funeral director intern: | | | | | Intern application | 182.00 | | | Application for examination | 100.00 | | | Intern renewal | 135.00 | | | Late renewal fee | 47.00 | | | License print fee | 5.00 | | Funeral establishment: | | | | | Original application | 540.00 | | | Renewal | 439.00 | | | Branch license | 473.00 | | | Branch renewal | 439.00 | | | Preneed application | 338.00 | | | Preneed renewal | 304.00 | | | License print fee | 5.00 | | Academic intern | No fee | | | Certificate of removal license: | | | | | Application | 41.00 | | | Renewal | 25.00 | | Retired status certificate | No fee | |

(2) Cemetery fees.

| Title of Fee | Fee | | | --- | --- | --- | | Certificate of authority: | | | | | Application | $405.00 | | | License print fee | 5.00 | | | Renewal: | 8.37 | | | Charge per each interment, entombment and inurnment during preceding calendar year collected at renewal or change of ownership | | | | Prearrangement sales license | | | | Application | 338.00 | | | Renewal | 304.00 | | | Exemption from prearrangement sales license | | | | Application | 95.00 | | | Renewal | 47.00 | | | Disposition permit for human remains following cremation, alkaline hydrolysis, or natural organic reduction | | | | Application | 95.00 | | | Renewal | 47.00 |

(3) Reduction facility fees.

| Title of Fee | Fee | | | --- | --- | --- | | Crematory license application | $284.00 | | | Alkaline hydrolysis license application | 284.00 | | | Natural organic reduction license application | 284.00 | | | License print fee | 5.00 | | | Renewal: | 10.80 | | | | Regulatory fee for crematories, alkaline hydrolysis facilities, and natural organic reduction facilities collected at time of renewal per cremation, hydrolysis, or natural organic reduction performed during previous calendar year | | | Crematory operator license: | | | | | Application | 182.00 | | | Renewal | 135.00 | | Alkaline hydrolysis operator license: | | | | | Application | 182.00 | | | Renewal | 135.00 | | Natural organic reduction facility operator license: | | | | | Application | 182.00 | | | Renewal | 135.00 |

History

Statutory Authority: RCW 43.24.086. WSR 22-22-012, § 308-48-800, filed 10/20/22, effective 11/22/22. Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-800, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 68.05.205, 18.39.050, and 43.24.086. WSR 14-24-067, § 308-48-800, filed 11/26/14, effective 1/1/15. Statutory Authority: RCW 18.39.050 and 18.39.175, chapter 34.05 RCW and RCW 43.24.086. WSR 10-24-046, § 308-48-800, filed 11/24/10, effective 1/1/11
WSR 09-17-116, § 308-48-800, filed 8/18/09, effective 9/18/09. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-18-030, § 308-48-800, filed 8/28/07, effective 9/28/07
WSR 07-03-027, § 308-48-800, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.181 and chapter 34.05 RCW. WSR 05-20-076, § 308-48-800, filed 10/4/05, effective 11/4/05. Statutory Authority: RCW 18.39.050. WSR 03-11-021, § 308-48-800, filed 5/12/03, effective 6/30/03. Statutory Authority: RCW 18.39.181. WSR 99-16-040, § 308-48-800, filed 7/29/99, effective 8/29/99. Statutory Authority: RCW 18.39.175(4). WSR 98-21-056, § 308-48-800, filed 10/19/98, effective 11/19/98
WSR 91-11-023, § 308-48-800, filed 5/7/91, effective 6/7/91
WSR 91-01-006, § 308-48-800, filed 12/6/90, effective 1/6/91. Statutory Authority: RCW 43.24.086. WSR 90-07-024, § 308-48-800, filed 3/14/90, effective 4/14/90
WSR 87-10-028 (Order PM 650), § 308-48-800, filed 5/1/87.

Wash. Admin. Code § 308-48-840 Funeral director and embalmer interns.

(1) A license as a funeral director intern or embalmer intern shall not exceed a time period of five years cumulative. Following completion of the internship program:

(a) The license for internship will not be renewed.

(b) The intern must qualify for licensure as a funeral director, embalmer or funeral director and embalmer.

(2) Interns must be eighteen years of age and registered under the sponsorship and supervision of a licensed funeral director, embalmer or funeral director and embalmer.

(3) Interns whose job duties require that they perform work at multiple funeral establishment locations may do so and receive training from their sponsor and other licensees as approved by the sponsor.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-840, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-18-030, § 308-48-840, filed 8/28/07, effective 9/28/07.

Wash. Admin. Code § 308-48-850 Intern sponsors—Qualifications, limitations and responsibilities.

Licensees who supervise interns:

(1) Must be working and located in the same licensed establishment as the intern, provided: Sponsors may permit interns to perform work at branch establishment locations if required by their job duties.

(2) Each sponsor can supervise a maximum of three interns.

(3) Sponsors of funeral director interns must have a minimum of one year of practical experience as a licensed funeral director in the state of Washington.

(4) Sponsors of embalmer interns must have a minimum of one year of practical experience as a licensed embalmer in the state of Washington.

(5) Sponsors are responsible for work performed by interns registered under the supervision of the sponsor.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-850, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-18-030, § 308-48-850, filed 8/28/07, effective 9/28/07.

Wash. Admin. Code § 308-48-870 Leave of absence—Interns.

A leave of absence from internship requirements may be granted by the board with the following provisions:

(1) The intern submits an appeal to the board for a leave of absence.

(2) The intern is enlisted in military service of the United States or called to active duty in the United States armed forces and resumes internship within one year of release from military service.

(3) The intern is enrolled as a full-time student in a funeral service education program accredited by the American Board of Funeral Service Education (ABFSE).

(4) The board reserves the right to make a determination to waive internship requirements for extenuating circumstances.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-870, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-18-030, § 308-48-870, filed 8/28/07, effective 9/28/07.

Wash. Admin. Code § 308-48-880 Transportation of human remains.

(1) Transportation of human remains may be performed by unlicensed persons who are employed by licensed funeral establishments in accordance with WAC 246-500-040.

(2) A business established for the sole purpose of removals and/or transportation of human remains is required to obtain a funeral establishment license in accordance with RCW 18.39.145.

(3) All transportation of human remains shall be in accordance with chapter 246-500 WAC and RCW 70.58.230.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-48-880, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-18-030, § 308-48-880, filed 8/28/07, effective 9/28/07.

Chapter 308-49 Prearrangement funeral services.

Wash. Admin. Code § 308-49-100 Purpose.

The purpose of this chapter is to implement the provisions of RCW 18.39.240 through 18.39.345 and to establish rules for the registration of funeral establishments which enter into prearrangement funeral service contracts and to establish uniform minimum requirements for such contracts and prearrangement trust funds.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-49-100, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 90-17-148, § 308-49-100, filed 8/22/90, effective 9/22/90. Statutory Authority: 1982 c 66 § 12. WSR 83-04-021 (Order PL 420), § 308-49-100, filed 1/26/83.

Wash. Admin. Code § 308-49-130 Definitions.

(1) "Board" means the funeral and cemetery board created pursuant to RCW 18.39.173.

(2) "Director" means the director of licensing.

(3) "Embalmer" means a person engaged in the profession or business of disinfecting and preserving human remains for transportation or final disposition.

(4) "Funeral director" means a person engaged in the profession or business of providing for the care, shelter, transportation, and arrangements for the disposition of human remains that may include arranging and directing funeral, memorial, or other services.

(5) "Funeral establishment" means a place of business licensed in accordance with RCW 18.39.145, that provides for any aspect of the care, shelter, transportation, embalming, preparation, and arrangements for the disposition of human remains and includes all areas of such entity and all equipment, instruments, and supplies used in the care, shelter, transportation, preparation, and embalming of human remains.

(6) "Funeral merchandise or services" means those services normally performed and merchandise normally provided by funeral establishments, including the sale of burial supplies and equipment, but excluding the sale by a cemetery of lands or interests therein, services incidental thereto, markers, memorials, monuments, equipment, crypts, niches, or vaults.

(7) "Licensee" means any person or entity holding a license, registration, endorsement, or permit under this chapter issued by the director.

(8) "Method of disposition" means burial, entombment, cremation, alkaline hydrolysis, natural organic reduction, anatomical donation or removal from state.

(9) "Prearrangement funeral service contract" means any contract under which, for a specified consideration, a funeral establishment promises, upon the death of the person named or implied in the contract, to furnish funeral merchandise or services.

(10) "Public depositary" means a public depositary defined by RCW 39.58.010 or a state or federally chartered credit union.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-49-130, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 90-17-148, § 308-49-130, filed 8/22/90, effective 9/22/90. Statutory Authority: 1982 c 66 § 12. WSR 83-04-021 (Order PL 420), § 308-49-130, filed 1/26/83.

Wash. Admin. Code § 308-49-140 Registration of establishments.

(1) Each funeral establishment entering into prearrangement funeral service contracts in which one or more of the following conditions exist must be registered with the board before entering into such contracts:

(a) The sales price of the contract, using either trust or insurance as a method of funding, guarantees a final price for merchandise and services. The guarantee assures the purchaser that there will be no additional charges for the merchandise and services disclosed within the agreement.

(b) The sales price of the contract using a trust as a method of funding plus accruals will be applied toward the cost of merchandise and services at the time of need. Should the cost of merchandise and services selected at the time of need exceed the sales price of the contract plus accruals, the purchaser will pay the difference. Should the cost of merchandise and services selected at the time of need be less than the sales price of the contract plus accruals, the purchaser will receive a refund for the difference.

(2) Before entering into any prearrangement funeral service contracts in this state, a funeral establishment shall first obtain a certificate of registration from the board. To apply for registration, a funeral establishment must file an application on forms approved by the board of funeral directors and embalmers, which includes:

(a) The name, address, and telephone number of the funeral establishment;

(b) A statement of the establishment's current financial condition and an explanation of how the establishment plans to offer, market and service prearrangement contracts including:

(i) The type of business organization which operates the funeral establishment, e.g., sole proprietorship, partnership, or corporation and a list of all officers, directors, partners and managers by name and title, and any person owning more than ten percent of the business;

(ii) Other fiscal documents as the board may require.

(c) The prearrangement funeral service contract forms the establishment proposes to use need not be in final printed form when submitted; however, a copy of the final printed form shall be filed with the board before the form is used;

(d) Identification of the trustee(s) of the prearrangement funeral service trust, including address and telephone number; and

(e) A copy of the prearrangement funeral service trust agreement and the prearrangement funeral service trust depository agreement.

(3) Upon review of the application, the board may require additional information or explanation prior to registration or refusing to register the funeral establishment.

(4) The application shall be accompanied by a check payable to the state treasurer in the amount required by the director for issuance of the certificate of registration.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-49-140, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 90-17-148, § 308-49-140, filed 8/22/90, effective 9/22/90. Statutory Authority: RCW 18.35.175(4). WSR 88-13-010 (Order PM 737), § 308-49-140, filed 6/6/88. Statutory Authority: RCW 18.39.290 and 18.39.320. WSR 87-18-053 (Order PM 677), § 308-49-140, filed 9/1/87. Statutory Authority: 1982 c 66 § 12. WSR 83-04-021 (Order PL 420), § 308-49-140, filed 1/26/83.

Wash. Admin. Code § 308-49-150 Prearrangement funeral service contract form requirements.

(1) The terms of prearrangement funeral service contracts are of substantial importance to both consumers and the establishment. Prearrangement funeral service contracts must be approved by the board before being used by a funeral establishment.

(2) Contracts must be written in language that can be easily understood by all parties and printed or typed in easily readable type size and style.

(3) Every prearrangement funeral service contract must include the following information:

(a) The name of the purchaser and the beneficiary of the contract;

(b) A description of the services and merchandise to be provided;

(c) A statement that if specific merchandise and services are not available, merchandise and services of equal or better value will be furnished;

(d) A statement clearly setting forth whether the purchase price fully pays for such services and merchandise or if the purchase price is to be applied toward the cost of such services and merchandise when they are provided;

(e) The total purchase price to be paid under the contract and the manner and terms which will govern payment;

(f) If funded by a trust, that all funds placed in trust plus net accruals are subject to refund; and

(g) If funded by insurance that the amounts paid for by insurance may not be refundable.

(4) Such contract shall be dated and be executed by the purchaser and by the funeral establishment through its owner, officer or managing agent.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-49-150, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-49-150, filed 9/9/02, effective 10/10/02
WSR 90-17-148, § 308-49-150, filed 8/22/90, effective 9/22/90. Statutory Authority: 1982 c 66 § 12. WSR 83-04-021 (Order PL 420), § 308-49-150, filed 1/26/83.

Wash. Admin. Code § 308-49-164 Prearrangement funeral service trust agreement requirements.

(1) Each establishment entering into prearrangement funeral service contracts which does not use insurance as a method of funding shall establish one or more prearrangement funeral service trust agreements.

(2) Such prearrangement funeral service trust agreements shall be between the funeral establishment and trustees designated by the funeral establishment. The agreement shall include language that provides for:

(a) A minimum of two trustees;

(b) Duties and responsibilities of the trustees;

(d) Selection of depository(ies);

(e) Details as to investment and administration of the trust;

(f) Compensation of trustees and expenses to be incurred;

(g) Accounting methods to be used;

(h) Provisions for amendment and termination of the trust agreement.

(3) Such prearrangement funeral service trust agreements are an integral part of the prearrangement funeral service contract and shall be approved by the board prior to use. Amendments or changes to the trust agreement must receive prior approval from the board before incorporation of amendment or change.

History

Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-49-164, filed 9/9/02, effective 10/10/02
WSR 97-21-064, § 308-49-164, filed 10/14/97, effective 11/14/97
WSR 90-17-148, § 308-49-164, filed 8/22/90, effective 9/22/90.

Wash. Admin. Code § 308-49-168 Trust fund depository agreement requirements.

(1) Each prearrangement funeral trust shall enter into an agreement with one or more depositories in which the responsibilities of the depository are set forth. The agreement shall contain language which:

(a) Sets forth the terms and conditions under which deposits and withdrawals are made;

(b) States that instruments of deposit shall be an insured account in a public depository or shall be invested in accordance with the provisions of RCW 11.100.020 and sets forth the conditions for termination and transfer of the prearrangement trust fund depository agreement.

(2) Prearrangement trust fund depository agreements are an integral part of the prearrangement funeral service contract agreement and shall be approved by the board prior to use. Amendments to or changes in the agreement shall be filed with the board prior to incorporation. The board shall be advised prior to termination of any depository agreement.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-49-168, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-49-168, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 90-17-148, § 308-49-168, filed 8/22/90, effective 9/22/90.

Wash. Admin. Code § 308-49-170 Annual statement requirements.

(1) Each funeral establishment registered to sell funeral prearrangement contracts must file a statement of its transactions and affairs for the preceding fiscal year. The statement is due to the board ninety days after the end of its fiscal year.

(2) The funeral establishment shall list any changes in its officers, directors, managers or partners or any change in ownership greater than ten percent which have occurred in the preceding fiscal year.

(3) With respect to each prearrangement funeral service contract trust fund, the following information must be provided:

(a) The name of all trust depositories and the account numbers;

(b) Third-party verification of all prearrangement trust assets;

(d) The number of new contracts and the contract amount sold during the fiscal year;

(e) The total amount received for contracts during the fiscal year;

(f) The number of contracts withdrawn from trust and amounts withdrawn from the trust due to contract cancellations and/or instances where the funeral merchandise and services covered by prearrangement contracts have been furnished and delivered. Withdrawals will include principal and earnings;

(g) The number of outstanding contracts as of the end of the fiscal year and the amount being held in trust for such contracts.

(4) The annual report form must include a copy of the depository(ies) statement(s) to verify the amount of money held in funeral prearrangement trust as well as the monthly deposit and withdrawal activity during the fiscal year.

(5) If the funeral establishment sells funeral prearrangement contracts funded with insurance that guarantees the final price of merchandise and services, the funeral establishment will:

(a) Report the number of insurance funded contracts sold during the fiscal year;

(b) Report the total number of insurance funded contracts;

(c) Report the total current face amount of all outstanding insurance funded contracts at the end of the fiscal year; and

(d) Provide a statement from the insurance provider(s) to verify the total face amount of all active insurance policies at the end of the fiscal year.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-49-170, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175 and chapter 34.05 RCW. WSR 07-03-027, § 308-49-170, filed 1/5/07, effective 2/5/07. Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-49-170, filed 9/9/02, effective 10/10/02. Statutory Authority: RCW 18.35.175(4). WSR 88-13-010 (Order PM 737), § 308-49-170, filed 6/6/88. Statutory Authority: RCW 18.39.290 and 18.39.320. WSR 87-18-053 (Order PM 677), § 308-49-170, filed 9/1/87. Statutory Authority: 1982 c 66 § 12. WSR 83-04-021 (Order PL 420), § 308-49-170, filed 1/26/83.

Wash. Admin. Code § 308-49-175 Trust fund deposit requirements.

All payments received must be deposited directly into the appropriate trust fund and may not be offset by the amounts due from the trust prior to deposit. Such deposits must be made on or before the 20th day of the month following receipt of each payment due.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-49-175, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-49-185 Inability to provide method of disposition.

If human remains do not meet the reduction facility criteria for the method of disposition specified on a prearrangement funeral service contract, an alternate method of disposition shall be determined by the person(s) having the right to direct disposition per RCW 68.50.160.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-49-185, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-49-190 Changing funeral establishments.

Authorizing agents or persons having the right to direct disposition may change funeral establishments without conflict to the "place and method of disposition," as defined in RCW 68.50.160 (1) and (2). Licensees must permit the release of human remains to another funeral establishment if requested by the authorizing agent or person(s) having the right to direct disposition, even when a prearrangement contract exists.

Prearrangement contract trust or insurance funds must be made available to the funeral establishment designated by the authorizing agent.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-49-190, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-49-200 Telephone solicitation.

(1) The use of telephones for solicitation of prearrangements is prevalent. This form of communication offers unique benefits, but entails special risks and poses potential for abuse. The board finds that any impropriety in telephone solicitation is a matter vitally affecting the public interest. For the general welfare of the public and in order to protect the integrity of the funeral industry, the use of telephones in solicitation of prearrangements must be defined by the board.

(2) Definitions:

(a) "Telephone solicitor" means any person who engages in telephone solicitation on behalf of a holder of an establishment license.

(b) "Telephone solicitation" means an unsolicited telephone call to a person and conversation for the purpose of inducing the person to make funeral prearrangements made without previous invitation, expressed or implied, by the person called.

(3) Time limits:

(a) No licensee may knowingly cause a telephone solicitation to be made to any person more often than once in every six months.

(b) A telephone solicitor shall not place calls which will be received before 8:00 a.m. or after 9:00 p.m.

(4) Unfair/deceptive practices. A telephone solicitor may not engage in any conduct the natural consequence of which is to harass, intimidate, or torment any person in connection with the telephone call.

(5) Identification. Within the first thirty seconds of the telephone call, a telephone solicitor or salesperson shall:

(a) Identify themselves, the company on whose behalf the solicitation is being made, the property, goods, or services being represented; and

(b) Terminate the telephone call within ten seconds if the purchaser indicates they do not wish to continue the conversation.

(6) Termination of contact. If at any time during the telephone contact, the purchaser states or indicates that they do not wish to be called again by the telephone solicitor or wants to have their name and individual telephone number removed from the telephone lists used by the telephone solicitor, the telephone solicitor shall not make any additional telephone solicitation of the called party at that telephone number within a period of at least one year.

(7) Enforcement. In the event that the board discerns a pattern of violation of these standards the board may act against the registrant's prearrangement registration as provided by chapter 18.39 RCW.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-49-200, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW 18.39.175(4). WSR 90-17-148, § 308-49-200, filed 8/22/90, effective 9/22/90.

Wash. Admin. Code § 308-49-210 Examination expense from change of ownership or control.

Examination expenses for a funeral prearrangement trust fund examination performed in conjunction with a transfer of ownership or control of a funeral establishment will be paid by the selling entity.

History

Statutory Authority: RCW 18.39.175(4). WSR 02-19-019, § 308-49-210, filed 9/9/02, effective 10/10/02.

Chapter 308-50A Cemeteries—Endowment care funds.

Wash. Admin. Code § 308-50A-005 Cemetery endowment care funds.

Any cemetery authority not exempt under chapter 68.40 RCW shall establish, maintain, and operate an inviolable endowment care fund. Endowment care, special care, and other cemetery authorities' endowment care funds may be commingled for investment and the income therefrom shall be divided between the funds in the proportion that each contributed to the sum invested. The funds shall be held in the name of the trustees appointed by the cemetery authority with the words "endowment care fund" being a part of the name.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50A-005, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-50A-007 Use and care of endowment care funds.

Endowment care funds shall not be used for any purpose other than to provide, through income only, for the endowment care stipulated in the instrument by which the fund was established.

Endowment care funds shall be used solely for the general care, maintenance, and embellishment of the cemetery, and shall be applied in such manner as the cemetery authority may from time to time determine to be for the best interest of the cemetery.

Only income and not principle from the endowment care funds may be used for the above described cemetery care.

Endowment care funds shall be kept separate and distinct from all assets of the cemetery authority. Endowment care principal shall remain inviolable and may not be reduced in any way not found within chapter 11.100 RCW.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50A-007, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-50A-010 Definitions.

For the purposes of this chapter, the following terms will be construed as follows:

(1) "Board" means the funeral and cemetery board.

(2) "Capital gains" means an increase in principal and is excluded from ordinary income and net ordinary income.

(3) "Cemetery authority" means an entity that has obtained a certificate of authority to operate a cemetery from the funeral and cemetery board.

(4) "Endowment care cemetery" means a cemetery required to establish an endowment care fund in accordance with chapter 68.40 RCW.

(5) "Fiduciary responsibility" means the trustee(s) will manage the endowment care fund in accordance with RCW 11.100.020.

(6) "Gross sales price," in determining "ten percent of the gross sales price" pursuant to RCW 68.40.010, gross sales price shall not include the endowment care fund portion. Endowment care shall be added to the gross sales price and separately identified as endowment care on any contract.

For example: Grave gross sales price - $100.00. Endowment care requirement - $10.00. Total contract price - $110.00.

(7) "Income" means ordinary income, that is, interest, dividends, rents and other amounts received by the fund as current returns on investments, but excludes realized or unrealized capital gains or losses.

(8) "Net ordinary income" means the ordinary income of the fund reduced by the expenses of operating the fund.

(9) "Trustee(s)" means the bank, trust company or persons appointed by the cemetery authority or association of lot owners to hold fiduciary responsibility in managing the endowment care fund in accordance with chapter 68.44 RCW and subject to the direction of the cemetery authority.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50A-010, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-50A-040 Records of endowment care funds.

Any cemetery authority maintaining an endowment care fund shall maintain a current accounting system in accordance with generally accepted accounting principles. The system shall track sales, receipts, and disbursements and include the following:

(1) An individual contract or agreement with each individual purchasing a right of interment with reference numbering.

(2) A record of:

(a) Payments received and the amount due or paid to the endowment care fund;

(b) Reconciliation of payments to and from the fund; and

(3) All records required to be maintained pursuant to this rule and Title 68 RCW, whether maintained manually or by computer, shall:

(a) Be retained and available for inspection for a period of seven years; and

(b) Be understandable to the cemetery board examiner or other persons reasonably having cause to access them.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50A-040, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-50A-050 Endowment care fund contribution for scattering, or additional rights of interment, entombment or inurnment.

A cemetery authority not exempt per RCW 68.05.400 must make a deposit to the endowment care fund, for scattering, or additional rights of interment, entombment or inurnment, as required in RCW 68.40.010.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50A-050, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-50A-060 Computing income from improved commercial or real estate.

In determining the trust fund income for the purpose of RCW 68.44.020 and 68.44.170, an allowance for depreciation on the improved real estate will be used as a determining factor in computing fund income. The cemetery authority must document how depreciation is determined.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50A-060, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-50A-070 Trust fund deposit requirements.

All payments received must be deposited directly into the appropriate trust fund and may not be offset by amounts due from the trust prior to deposit. Such deposits must be made on or before the 20th day of the month following receipt of each payment due.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50A-070, filed 4/6/20, effective 5/7/20.

Chapter 308-50B Cemeteries—Endowment care total return distribution.

Wash. Admin. Code § 308-50B-010 Definitions.

For the purposes of this chapter, the following terms will be construed as follows:

(1) "Average fair market value" means the average of the fair market values of assets held by the endowment care fund on the first day of the current fiscal year and the first day of each of the two preceding fiscal years, or the average of the fair market value for the entire term of the fund if there are less than two preceding years.

(2) "Board" means the funeral and cemetery board.

(3) "Cemetery authority" means an entity that has obtained a certificate of authority to operate a cemetery from the funeral and cemetery board.

(4) "Endowment care cemetery" means a cemetery required to establish an endowment care fund in accordance with chapter 68.40 RCW.

(5) "Extraordinary distributions" means distributions from the endowment care fund pursuant to written consent of the board.

(6) "Fair market value" means the fair market value of the assets held by the fund, reduced by all known noncontingent liabilities.

(a) The fair market value of real estate will be established by the county assessor's valuation on the first day of the current fiscal year.

(b) The fair market value of fractional ownership interests in real estate will be determined by generally accepted valuation methods.

(c) The fair market value of the endowment care fund assets that are not publicly traded on a stock or other regulated securities exchange shall be determined by written valuation certified by a qualified independent public appraiser or qualified independent certified public accountant not affiliated with the cemetery authority or its principals within twelve months of the first day of the fiscal year. If the valuation is not provided, the asset(s) will be assigned a zero value for the purpose of determining fair market value.

(7) "Fiduciary responsibility" means the trustee(s) will manage the endowment care fund in accordance with RCW 11.100.020.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50B-010, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-50B-020 Application for total return distribution.

(1) An application for implementation of the total return distribution method shall be submitted at least sixty days prior to the effective date of the election to use total return. The cemetery authority shall provide the board with the following:

(a) A written investment and distribution policy in which future distributions from the endowment care fund will be total return distribution amounts rather than net ordinary income distribution amounts. The investment goals shall be to achieve principal growth through investments including, but not limited to, equity investments, as well as achieve current income through investments including, but not limited to, income investments.

(b) An amended endowment care trust agreement to clearly show intent to use the total return distribution method.

(c) A written document establishing the average fair market value signed by the cemetery authority and/or trustee(s), and supporting documents.

(d) Completed application form indicating the total return percentage and signed by the cemetery authority.

(2) The application shall be considered approved unless the cemetery authority or trustee is notified otherwise by the board within thirty days of receipt. Such notification shall contain details of the information needed to remedy any deficiencies in the application.

(3) The maximum total return percentage for the first year will be four percent. The cemetery authority or trustee may submit a written request to the board to modify the total return percentage twelve months after implementation of the total return distribution method.

(4) If the cemetery authority or trustee alters the total return percentage, the cemetery authority or trustee shall send written notice to the board. This notification shall be made before the first distribution is taken based on the new total return percentage and shall contain the revised total return percentage and the reason for the revision.

(5) The trustee shall distribute income to the cemetery authority at least annually or in more frequent installments agreed to by the trustee and the cemetery authority.

(6) A cemetery authority that converts the endowment care fund to a total return fund may elect to reconvert the fund to a net ordinary income fund by submitting written documentation to the board in support of the reconversion at least sixty days before the proposed effective date of the reconversion, including a copy of the trust agreement, notification on the proposed effective date of the reconversion, and any additional information required by the board.

(7) Unless an application and required documents for conversion to the total return distribution method have been received and approved by the board, a cemetery authority or trustee(s) may distribute only the net ordinary income from the endowment care fund for the general care, maintenance, and embellishment of the cemetery.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50B-020, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-50B-030 Calculation of the average fair market value.

The cemetery authority or trustee shall calculate the average fair market value of the fund at the beginning of each fiscal year. Appraisal methods and/or sources utilized to determine fair market value to establish the initial value must remain the same in each reporting year.

(1) When calculating the average fair market value, if assets have been added to the fund during the years used to determine the average, the amount of each addition is added to all years in which such addition was not included. If extraordinary distributions were taken during any of the years used to determine the average, the amount of each distribution is subtracted from all years in which the distribution was not included.

(2) The cemetery authority or trustee shall exclude from the fair market value calculations any asset for which the fair market value cannot be established.

(3) The cemetery authority or trustee shall use the fair market value to calculate the average fair market value.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50B-030, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-50B-040 Limitation of total return distribution.

(1) The board may take corrective measures including reducing the total return percentage under one or more of the following circumstances:

(a) If the average fair market value of the endowment care fund declines by ten percent or more over a two-year period;

(b) The fair market value of the fund at the beginning of a fiscal year is less than eighty percent of the fair market value of the fund the first day of the fiscal year when the endowment care fund started making distributions based on the total return distribution method; or

(2) The board may evaluate the endowment care fund conditions and choose not to impose corrective measures if it finds that:

(a) The reasons are due to unusual or temporary factors not within the control of the cemetery authority or the trustee and which could not have been reasonably anticipated;

(b) The current investment policy of the fund is reasonably designed to protect the fund from further declines in fair market value; or

(3) The cemetery authority or trustee(s) shall not utilize the total return distribution method for part of the endowment care assets and concurrently distribute net income for part of the endowment care assets. Endowment care distributions may only be taken as net ordinary income or the total return distribution method.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50B-040, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-50B-050 Fees and taxes.

(1) In the event that the fees paid by the endowment care fund exceed one percent of the average fair market value, the amount in excess of one percent shall be paid from the distribution.

(2) Taxes may be paid from the corpus.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50B-050, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-50B-060 Annual reporting requirements for total return distribution method.

The cemetery authority will provide the board with a report that includes the average fair market value used to determine distribution for the following year and maintain a record of the fair market value each year while using the total return distribution method.

As part of the cemetery endowment care annual report required by RCW 68.05.180 and 68.05.235, cemetery authorities approved to use the total return distribution method must file an addendum to the annual report which details the following:

(1) The asset allocation;

(2) The annual distribution to the cemetery authority;

(3) Any changes to the investment and distribution policy;

(4) Calculation of the average fair market value to determine the current year's distribution and supporting documents; and

(5) Any other information the board deems pertinent.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-50B-060, filed 4/6/20, effective 5/7/20.

Chapter 308-51B Cemeteries prearrangement contracts.

Wash. Admin. Code § 308-51B-005 Cemetery prearrangement trust funds.

Any cemetery authority selling by prearrangement contracts any merchandise or services shall establish and maintain one or more prearrangement trust funds for the benefit of beneficiaries of prearrangement contracts.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-005, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-010 Definitions.

All definitions of chapter 68.46 RCW apply to this chapter. In addition, the following definition applies:

"Direct cost" for the purpose of chapter 68.46 RCW, direct cost includes actual labor cost and other costs associated with delivery of the service. For example: Direct cost of providing an opening and closing may include labor, materials, fuel, equipment maintenance, and a share of overhead including benefits and insurance.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-010, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-020 Itemization of charges.

In addition to all other requirements of the law relating to consumer contracts, cemetery prearrangement contracts must have:

(1) A specific itemization of charges and descriptions for each merchandise or service to be furnished or delivered.

(2) An itemization of services to be performed on delivered merchandise such as marker installation and care.

(3) An itemization of charges and descriptions for each grave niche or crypt sold with endowment care listed separately.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-020, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-025 Trust fund deposit requirements.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-025, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-030 Form of delivery.

All cemetery prearrangement contracts must state on the contract what form or forms of delivery of merchandise will constitute "delivery" to satisfy the requirements of RCW 68.46.050.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-030, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-040 Performance of services.

Prearrangement services, including shipment and installation of cemetery prearrangement merchandise, shall not be deemed to have been furnished within the meaning of RCW 68.46.050(1) until performance of such services has actually occurred.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-040, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-050 Determination of delivery.

Cemetery prearrangement merchandise and services will be delivered within the meaning of RCW 68.46.050(1) when:

(1) Actual delivery of the merchandise is made to the contract beneficiary;

(2) Delivery of the merchandise is made to the cemetery authority for the contract beneficiary and the merchandise is permanently affixed to real property, columbarium or mausoleum; or

(3) Delivery of the merchandise to the cemetery authority for the contract beneficiary with the storage provided by the cemetery authority, provided:

(a) That fifty percent of the service charge of the installation and other services to be performed upon the merchandise is maintained in the prearrangement trust fund; and

(b) An insurance provision is maintained when merchandise is stored in a building or on cemetery grounds.

(4) The cemetery authority has paid its supplier for prearrangement merchandise, and the supplier has caused the merchandise to be manufactured and stored, and has caused title to the merchandise to be transferred to the contract beneficiary, and has agreed to ship the merchandise upon his request or the request of the cemetery authority; provided:

(a) That fifty percent of the service charge of delivery, installation and other costs are maintained in the prearrangement trust fund by the cemetery authority. The delivery and installation cost must be itemized on the prearrangement contract, in accordance with WAC 308-51B-020.

(b) This subsection will apply to the manufacture and storage of merchandise such as, but not limited to, vaults, liners, urns and marker bases.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-050, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-060 Suppliers.

No person, firm or corporation will be deemed a supplier for purposes of this chapter, unless it:

(1) Permanently and unalterably identifies all merchandise with the name of the contract beneficiary;

(2) Submits, upon request of the board, a report of all merchandise which has been purchased through a Washington cemetery authority and has been placed in storage;

(3) Permits the board or its designee, at any time, to examine stored merchandise which was purchased through a Washington cemetery authority and to examine any document pertaining thereto;

(4) Submits evidence of a bond ensuring the existing and good title of any merchandise due any contract beneficiary purchased through a Washington cemetery authority; and

(5) Submits evidence ensuring that all merchandise purchased through a Washington cemetery authority and being stored by the supplier is insured for casualty, theft or other loss.

Subsection (1) of this section will not apply to merchandise that is manufactured and stored without being permanently labeled or engraved with the beneficiaries' name. Suppliers must maintain an inventory equal to the amount sold.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-060, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-070 Securities for loans.

In any instance where a prearrangement contract containing undelivered merchandise or services is sold, pledged, or otherwise encumbered as security for a loan by cemetery authority, the cemetery authority shall pay into the prearrangement trust fund fifty percent of the total sale price of the prearrangement contract within twenty days of receipt of payment of the proceeds from the sale or loan.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-070, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-080 Development plan for unconstructed, undeveloped property.

(1) Any cemetery authority selling undeveloped graves, unconstructed crypts or niches in accordance with chapter 68.46 RCW must make available to the purchaser a statement of the estimated completion date of the development or construction at the time the prearrangement contract is signed.

(2) The estimated completion date must also:

(a) Be submitted to the cemetery board annually with the financial reports required by RCW 68.46.090.

(b) Be made available to holders of prearrangement contracts affected by the development or construction in the offices of the cemetery authority.

(3) A cemetery authority must maintain an equivalent inventory of constructed crypts, niches and developed graves, equal to ten percent of the unconstructed crypts, niches and undeveloped graves sold through prearrangement contracts. The equivalent inventory must be located within the cemetery or an adjacent cemetery under common ownership.

(4) Trust fund deposits required for the prearrangement contract sales of undeveloped property, will be in accordance with RCW 68.46.030.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-080, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-090 Records of cemetery prearrangement trust funds.

Any cemetery authority maintaining a prearrangement trust fund shall maintain a current accounting system in accordance with generally accepted accounting principles. The system shall track sales, receipts and disbursements, and include the following:

(1) An individual contract or agreement with each individual establishing a prearrangement trust agreement.

(2) A record of payments received and the amount due or paid to the prearrangement trust fund.

(3) Reconciliation of payments to and from the fund.

(4) All supporting bank and investment statements.

(5) Documentation to verify all other assets of the prearrangement trust.

(6) All records required to be maintained pursuant to this rule and Title 68 RCW, whether maintained manually or by computer, shall:

(a) Be retained and available for inspection for a period of seven years.

(b) Be understandable to the cemetery board examiner or other persons reasonably having cause to access them.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-090, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-100 Qualifications of applicant for cemetery prearrangement sales license.

To qualify as an applicant for a prearrangement sales license as set forth in RCW 68.05.155 and 68.46.150, applicant must hold a valid and unsuspended certificate of authority to operate a cemetery issued by the state funeral and cemetery board.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-100, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-200 Telephone solicitation.

(1) The use of telephones for solicitation of prearrangements is prevalent. This form of communication offers unique benefits, but entails special risk and poses potential for abuse. The board finds that any impropriety in telephone solicitation is a matter vitally affecting the public interest. For the general welfare of the public and in order to protect the integrity of the cemetery industry, the use of telephones in solicitation of prearrangements must be defined by the board.

(2) Definitions:

(a) "Telephone solicitation" means an unsolicited telephone call to a person and conversation for the purpose of inducing the person to make cemetery prearrangements made without previous invitation, expressed or implied, by the person called.

(b) "Telephone solicitor" means any person who engages in telephone solicitation on behalf of a holder of a certificate of authority to operate.

(3) Time limits:

(a) No licensee may knowingly cause a telephone solicitation to be made to any person more often than once in every six months.

(b) A telephone solicitor shall not place calls which will be received before 8:00 a.m. or after 9:00 p.m.

(5) Identification. Within the first thirty seconds of the telephone call, a telephone solicitor or salesperson shall:

(a) Identify themselves, the company on whose behalf the solicitation is being made, the property, goods, or services being represented; and

(b) Terminate the telephone call within ten seconds if the purchaser indicates they do not wish to continue the conversation.

(7) Enforcement. In the event that the board discerns a pattern of violation of these standards the board may act against the licensee's prearrangement license as provided by Title 68 RCW.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-200, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-250 Hybrid unit.

A hybrid unit shall mean any combination "casket-vault" that is designed, intended, or represented to function as a substitute for a casket and/or a vault, or intended to serve the same purpose as a casket or a vault or in lieu thereof.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-250, filed 4/6/20, effective 5/7/20.

Wash. Admin. Code § 308-51B-260 Hybrid unit—Disclosure of support or service items.

Hybrid units specified as cemetery merchandise or services in cemetery prearrangement contracts must be itemized, and must disclose and describe all items of support or services which are required or may be required for the future or intended use of hybrid units. "Support or service" as used herein means any function, activity, or object, and their availability, required or that may be required to meet a buyer's expectations for necessary cemetery merchandise or services and/or funeral merchandise or services. Whether items of support or services are included in the immediate purchase price or are reserved for future sale at the time of need, must be clearly set forth in the cemetery prearrangement contract, and in all advertising or representations pertaining to preneed or prearrangement contract sales of hybrid units.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-51B-260, filed 4/6/20, effective 5/7/20.

Chapter 308-52A Abandoned cemeteries.

Wash. Admin. Code § 308-52A-030 Allowing burials in an abandoned cemetery.

The definitions found in chapters 68.04 and 68.60 RCW apply to this section.

(1) Human remains or reduced human remains may be buried in an abandoned cemetery under the following conditions:

(a) Ownership of the plot, right of interment or vested right of placement can be clearly established pursuant to chapter 68.32 RCW;

(b) The person(s) having the right to control disposition per RCW 68.50.160 has documentation issued by the cemetery authority prior to the date of abandonment establishing ownership of the plot, right of interment or vested right of placement for the human remains to be buried; or

(c) When a court of competent jurisdiction finds that there is sufficient evidence of ownership, right of interment or vested right of placement and issues a court order.

(2) The person(s) having the right to control disposition must follow the requirements found in RCW 70.58.230 through 70.58.260 prior to the burial of human remains.

(3) Human remains may be removed from an abandoned cemetery with the permission of the superior court of the county where the cemetery is situated and a disinterment permit per RCW 70.58.230.

(4) The person(s) having the right to control disposition may place a grave marker on the grave of human remains buried in an abandoned cemetery and may do all things commonly allowed on dedicated cemetery property.

(5) The person(s) having the right to control disposition must provide a record of the burial to the department of archaeology and historic preservation.

History

Statutory Authority: RCW 68.05.105 and 18.39.175. WSR 20-09-031, § 308-52A-030, filed 4/6/20, effective 5/7/20.

Chapter 308-56A Certificates of title—Motor vehicles, etc.

Wash. Admin. Code § 308-56A-006 Quick titles—Issuance by subagents.

(1) How may a subagent qualify to issue quick titles under RCW 46.12.555? Subagents may issue quick titles under the conditions and procedures established by the department.

(2) May a subagent's authority to issue quick titles be terminated or suspended? Yes, if the department or a vehicle licensing agent finds that a subagent has violated or no longer meets the qualifications or requirements of the department's policy or procedures regarding the issuance of quick titles the vehicle licensing agent may terminate or suspend for any period of time the subagent's authority to issue quick titles.

History

Statutory Authority: RCW 46.01.110 and 46.12.555. WSR 14-16-029, § 308-56A-006, filed 7/25/14, effective 8/25/14.

Wash. Admin. Code § 308-56A-010 Title purpose only and no title issued.

(1) May I obtain a certificate of ownership for my vehicle even if I do not want or need to register it? You may obtain a certificate of ownership for your vehicle without a certificate of registration for:

(a) Vehicles defined in chapter 46.04 RCW and which are normally registered under chapter 46.16 RCW but will not be operated on the public highways;

(b) Farm tractors or farm equipment as defined in RCW 46.04.180 and 46.04.181;

(d) Golf carts;

(e) Dune buggies whether or not equipped for legal highway use;

(f) Off highway equipment that may be moved upon public highways under authority of special permits.

(2) If I obtain a certificate of ownership for title purpose only (TPO), may I register my vehicle at a later date? A vehicle which qualifies for road use may be registered for use on the public highways in accordance with chapter 46.16 RCW.

(3) May I register my vehicle without obtaining a certificate of ownership? Your vehicle may be registered when certain conditions prevent a Washington certificate of ownership from being issued, such as:

(a) A secured party will not surrender an out-of-state certificate of ownership; or

(b) Registration is required in Washington state and certificate of ownership and registration are required by another state.

(d) Registration of a snowmobile under chapter 46.09 RCW.

(e) Dual use motorcycles (CYC) use class, may be titled and registered using one use class (CYC) and also can be registered as an off-road vehicle (ORV) or titling using (ORV) use class and registered under the CYC use class.

History

Statutory Authority: RCW 46.01.110 and 46.12.101. WSR 00-20-065, § 308-56A-010, filed 10/3/00, effective 11/3/00
WSR 98-12-099, § 308-56A-010, filed 6/3/98, effective 7/4/98. Statutory Authority: RCW 46.01.110. WSR 92-15-024, § 308-56A-010, filed 7/6/92, effective 8/6/92
Order MV 208, § 308-56A-010, filed 7/31/74.

Wash. Admin. Code § 308-56A-020 Application for certificate of ownership required.

When is an application for certificate of ownership required? In addition to the requirements set forth in chapter 46.12 and 46.16 RCW an application for certificate of ownership is required when:

(1) There is a change of vehicle ownership on a Washington certificate of ownership due to:

(a) Sale;

(b) Gift-donation;

(d) Trade;

(e) Addition or deletion of a registered owner;

(f) Proprietorship, partnership or individuals forming a corporation, whether or not the business name is changing;

(g) Proprietorship, partnership or individuals purchasing a corporation which will no longer be operated as a corporation, whether or not the business name is changed;

(h) Court order;

(i) Transferring vehicle to or from a trust;

(j) Repossession; or

(k) Adding/removing a lease on a vehicle.

(2) Applying for registration of a vehicle which has most recently been titled and/or registered in another jurisdiction and only registration is being established in Washington. If the vehicle will remain titled in another jurisdiction, no Washington certificate of ownership will be issued.

(3) There is a name change of the registered owner, whether individual(s) or a business entity.

(4) Adding a lien holder.

(5) The vehicle is assembled, homemade, has had a glider kit installed or is a street rod.

(6) The motorcycle engine has been replaced.

(7) The vehicle identification number needs to be corrected.

(8) The vehicle has been reported as salvage or wrecked by an insurer, owner, or wrecker and new certificate of ownership is requested. Title procedures are in WAC 308-56A-460.

History

Statutory Authority: RCW 46.01.110. WSR 04-08-080, § 308-56A-020, filed 4/6/04, effective 5/7/04
WSR 03-05-081, § 308-56A-020, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.01.110 and 46.12.101. WSR 00-20-065, § 308-56A-020, filed 10/3/00, effective 11/3/00
WSR 98-12-099, § 308-56A-020, filed 6/3/98, effective 7/4/98
Order MV 208, § 308-56A-020, filed 7/31/74.

Wash. Admin. Code § 308-56A-021 Assessment criteria for penalty fee.

(1) What is the penalty fee? When a used Washington registered vehicle is sold, the purchaser has fifteen days from the date of delivery of the vehicle to transfer the vehicle ownership into their name. If they wait until the 16th day or later from the date of delivery, a penalty fee may be assessed as described in RCW 46.16.101(6) unless the purchaser qualifies for exemption from penalty as set forth in subsection (2) of this section.

(2) Are there exceptions to when a penalty fee may be assessed when applying for certificate of ownership on the 16th day from the date of sale or later as described in RCW 46.12.101(6)? Yes, if:

(a) The vehicle was delivered to the purchaser after the date of sale indicated on the supporting documents; or

(b) There are conflicting dates on supporting documents; or

(d) The date on the certificate of ownership has been altered; or

(e) The purchaser is incarcerated or sequestered by a judiciary system; or

(f) The purchaser files a seller's report of sale thinking they have filed an application to transfer certificate of ownership; or

(g) The purchaser of a vehicle sells it before transferring ownership into their name and the new purchaser can prove they purchased the vehicle within fifteen days of making application; or

(h) The director, or their designee, determines other reasons are valid; or

(i) The delay in making application is due to the department requesting additional supporting documents; or

(j) Extended hospitalization or illness of the purchaser; or

(k) Failure of the legal owner to release his or her interest in the vehicle; or

(l) Failure due to an action of the department, auditor or subagent.

| Note: | When an exception to the penalty fee requirement is made, an affidavit attesting to the actual date of delivery and the reason or reasons for exception to the penalty is required. | | --- | --- |

(3) When are penalty fees for late application for certificate of ownership not assessed? Penalty fees are not assessed for late application for certificate of ownership under the following conditions:

(a) The vehicle is not motorized; or

(b) The vehicle is sold by a Washington dealer (dealer report of sale box on the application is completed); or

(d) Department of licensing records indicate the vehicle has been destroyed; or

(e) The vehicle is being titled as home made or assembled for the first time; or

(f) The vehicle is acquired as a result of:

(i) Inheritance or community property; or

(ii) Divorce settlement; or

(iii) Other legal action affecting ownership of the vehicle; or

(iv) Lease buyout; or

(g) The vehicle is a snowmobile; or

(h) The director, or designee, determines other reasons are valid.

History

Statutory Authority: RCW 46.01.110, 46.12.101, 88.02.070. WSR 03-11-069, § 308-56A-021, filed 5/20/03, effective 6/20/03. Statutory Authority: RCW 46.01.110, 88.02.070 and 88.02,100 [88.02.100]. WSR 01-08-022, § 308-56A-021, filed 3/27/01, effective 4/27/01. Statutory Authority: RCW 46.01.110 and 46.12.101. WSR 00-20-065, § 308-56A-021, filed 10/3/00, effective 11/3/00
WSR 98-12-099, § 308-56A-021, filed 6/3/98, effective 7/4/98. Statutory Authority: RCW 46.01.110 and 46.12.101 as amended by 1987 c 127 § 1. WSR 87-21-012 (Order TL/RG/36), § 308-56A-021, filed 10/9/87.

Wash. Admin. Code § 308-56A-024 Stolen vehicle check required for certificate of ownership.

(1) Is a stolen vehicle check required whenever application is made for certificate of ownership? Yes. A Washington Crime Information Center/National Crime Information Center (WACIC/NCIC) stolen vehicle search will be performed on all vehicle title transactions.

(2) What is a WACIC/NCIC stolen vehicle search? A WACIC/NCIC stolen vehicle search is defined to include any nationally recognized source of stolen vehicle data obtained from the NCIC, including the National Insurance Crime Bureau (NICB).

(3) Who is authorized to receive and process stolen vehicle search inquiries? The department and vehicle licensing offices are authorized to receive and process stolen vehicle search information. In addition to WACIC/NCIC, stolen vehicle searches may also be processed through any nationally recognized source of stolen vehicle data obtained from the NCIC, including the National Insurance Crime Bureau (NICB).

(4) What happens if the stolen vehicle search indicates the vehicle has been reported stolen? If the information obtained indicates the vehicle has been reported and confirmed stolen, the law enforcement agency with jurisdiction in the geographic location of the attempted licensing transaction will immediately be notified. A title will not be issued until the matter is resolved. If the department checks with the reporting law enforcement agency or jurisdiction and the reporting agency indicates that the vehicle's stolen status has been resolved, a certificate of ownership will be issued if the department is satisfied that all other requirements have been met.

(5) What happens if the stolen vehicle search indicates that the vehicle has not been reported stolen? If the stolen vehicle check is negative, a certificate of ownership will be issued if the department is satisfied that all other requirements have been met.

History

Statutory Authority: RCW 46.01.110. WSR 04-24-022, § 308-56A-024, filed 11/23/04, effective 1/3/05.

Wash. Admin. Code § 308-56A-030 Owner name and address—Recorded on the vehicle record—Application for certificate of ownership.

(1) What registered owner and lien holder or secured party information is required on the vehicle record and application for certificate of ownership (title)?

The vehicle record and application for certificate of ownership (title) must include:

(a) The name of each registered owner (natural person or business) of the vehicle and, if the vehicle is subject to a lien or other security interest, the name of each secured party;

(b) The registered owner's primary residence street address (at the choice of the registered owner, a mailing address if different from the residence address can also be given); and

(2) What does primary residence mean for a registered owner who is a natural person or a business?

(a) In the case of a natural person, it means the person's true, fixed and permanent home in Washington. This does not include secondary or vacation homes where a vehicle is garaged or used. The department will presume that a registered owner's primary residence is the same as the address used in driver's license records or voter registration records.

(b) In the case of a business, it means the principal place in Washington from which the licensed trade or business of the registered owner is directed, managed, or conducted. Businesses with multiple Washington licensed business locations should use the licensed business location where the service vehicles owned and operated by the business are directed, managed, garaged, stored or maintained.

(3) Do the addresses for the application for certificate of ownership, and vehicle record need to conform to United States Postal Service (USPS) standards?

Yes. USPS address standards must be used on all vehicle records, and certificates of ownership.

(4) Are there exceptions to the requirement to provide a primary residence street address?

Yes. Exceptions will be made for:

(a) Persons who are exempt by law from paying motor vehicle excise tax or fees.

(b) Vehicles exempt by law from motor vehicle excise tax or fees.

(d) Other exceptions may apply as determined appropriate by the director or his or her designee.

(5) What will the department do if presented with documentation or other information to indicate there may be an error in the primary residence street address provided?

The department will flag the vehicle record and the registered owner will be required, prior to the time of next renewal, to:

(a) Show a residential utility bill, driver license or other documentation that verifies the primary residence street address; and

(b) Complete and sign a declaration under penalty of perjury on a form developed by the department.

(6) Can more than one address be shown on the vehicle record or application if there are multiple registered owners with different addresses?

No. The department can store the primary residence address and separate mailing address (if applicable) for only one of the registered owner(s).

(7) Can more than one address be shown on the vehicle record or application if there is more than one secured party?

No. Only one address for the primary secured party will be shown on the vehicle record.

(8) Is the applicant or registered owner required to certify the truth of the address information contained in the application for certificate of ownership or vehicle renewal?

No. The applicant or registered owner will only be required to complete and sign a declaration under penalty of perjury on a form developed by the department when the department has been presented with documentation or other information to indicate there may be an error in the address information provided and the vehicle record has been flagged.

(9) What is the penalty if the applicant or registered owner provides false address information?

A person providing false residency information is guilty of a gross misdemeanor punishable by a fine of five hundred twenty-nine dollars.

(10) Is my residence address subject to public disclosure?

Where both a mailing address and a residence address are recorded on the vehicle record and are different, only a mailing address will be disclosed. Both addresses will be disclosed in response to requests from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business.

History

Statutory Authority: RCW 46.01.010. WSR 07-21-120, § 308-56A-030, filed 10/23/07, effective 11/23/07. Statutory Authority: RCW 46.16.010. WSR 05-23-135, § 308-56A-030, filed 11/22/05, effective 1/3/06. Statutory Authority: RCW 46.01.110. WSR 04-07-168, § 308-56A-030, filed 3/23/04, effective 4/23/04
WSR 03-05-081, § 308-56A-030, filed 2/19/03, effective 3/22/03
WSR 99-01-014, § 308-56A-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 46.01.110, 88.02.100, 46.10.040, 46.12.030, 46.16.040, 88.02.050 and 88.02.070. WSR 96-04-004, § 308-56A-030, filed 1/25/96, effective 2/25/96
WSR 95-13-058, § 308-56A-030, filed 6/19/95, effective 7/20/95
Order MV 208, § 308-56A-030, filed 7/31/74.

Wash. Admin. Code § 308-56A-040 Name and address—Change of address.

(1) If the registered owner's address changes, does the owner need to notify the department?

Yes.

(2) What information do registered owners need to provide to the department if their address changes?

The owner must provide to the department:

(a) The registered owner's name (natural person or business) as it appears on the vehicle record(s);

(b) The license plate number or vehicle identification number (VIN) of each vehicle; and

(c) The street address for the primary residence and a separate mailing address if different from the primary residence address as defined in WAC 308-56A-030(2). The address must include a five digit zip code or the nine digit zip code if known.

(3) Who may file an address change or correction?

(a) The registered owner of the vehicle; or

(b) A public official, governmental agency, or taxing authority when proof of disputed residence is established; or

This section does not relieve the registered owner of the responsibility to notify the department of an address change.

(4) Are there exceptions to the requirement to provide a primary residence street address on the department's change of address form?

Yes. Registered owners must meet one of the exceptions in WAC 308-56A-030(4) and complete and sign a form developed by the department indicating which exception they meet.

(5) Does the address need to conform to United States Postal Service (USPS) standards?

Yes. USPS address standards must be used on all vehicle records, registrations, and certificates of ownership.

(6) When is the registered owner required to certify the truth of the address information provided?

The registered owner is required to complete and sign a declaration under penalty of perjury if the department receives notice that there may be an error in the address information provided for the vehicle record. These records will be flagged to require the declaration be submitted before any transactions can be processed on that record.

(7) What is the penalty if the applicant or registered owner provides false address information when changing an address?

A person providing false address information is guilty of a gross misdemeanor punishable by a fine of five hundred twenty-nine dollars.

(8) Is my residence address subject to public disclosure?

The department of licensing complies with statutory standards for disclosure set out in chapter 46.12 RCW and the Driver's Privacy Protection Act set out in 18 U.S.C. Secs. 2721-2725.

History

Statutory Authority: RCW 46.01.110. WSR 09-24-038, § 308-56A-040, filed 11/24/09, effective 12/25/09. Statutory Authority: RCW 46.16.010. WSR 05-23-135, § 308-56A-040, filed 11/22/05, effective 1/3/06. Statutory Authority: RCW 46.01.110. WSR 04-07-168, § 308-56A-040, filed 3/23/04, effective 4/23/04
WSR 03-05-081, § 308-56A-040, filed 2/19/03, effective 3/22/03
WSR 99-01-014, § 308-56A-040, filed 12/7/98, effective 1/7/99
WSR 92-15-024, § 308-56A-040, filed 7/6/92, effective 8/6/92
Order MV 208, § 308-56A-040, filed 7/31/74.

Wash. Admin. Code § 308-56A-056 Names separated by the words "and," "or," or the slash symbol "/."

(1) Does the department use the words "and," "or," or the slash symbol "/" when recording multiple interests on a certificate of ownership? No, the department has not used these designations since 1974 when recording ownership interest. For certificates of ownership that have been issued using one of these designations:

(a) Any registered owners so shown are considered to have equal registered owner interest in the vehicle;

(b) Any lien holder so shown is considered to have equal security interest in the vehicle.

(2) Will the department use the words "and," "or," or the slash symbol "/" if another jurisdiction has recorded multiple interests on the foreign certificate of ownership using one of these designations? No, the department does not allow the use of these designations when recording ownership interest.

History

Statutory Authority: RCW 46.01.110. WSR 03-05-081, § 308-56A-056, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. WSR 99-21-098, § 308-56A-056, filed 10/20/99, effective 11/20/99.

Wash. Admin. Code § 308-56A-060 Ownership in joint tenancy.

(1) What does joint tenancy with rights of survivorship mean when noted on a certificate of ownership? If owners own a vehicle in joint tenancy with rights of survivorship and one of the named parties dies, ownership vests in the surviving joint owner(s). The department will issue a certificate of ownership in the name of the surviving joint owner(s) upon application supported by a copy of the death certificate.

(2) How is joint tenancy with rights of survivorship shown on the application for certificate of ownership? The application for certificate of ownership must show the name of every owner and include the phrase "Joint tenants with rights of survivorship" spelled out.

(3) How is joint tenancy with rights of survivorship shown on the certificate of ownership? The certificate of ownership will be printed showing the abbreviation "JTWROS" in the brands/comments section.

History

Statutory Authority: RCW 46.01.110. WSR 03-05-081, § 308-56A-060, filed 2/19/03, effective 3/22/03
WSR 99-08-064, § 308-56A-060, filed 4/5/99, effective 5/6/99
Order MV 208, § 308-56A-060, filed 7/31/74.

Wash. Admin. Code § 308-56A-065 Vehicles held in trust.

(1) How is a trust shown on a certificate of ownership? A certificate of ownership may show the name of the trustee(s) or trust in one of the following manners:

(a) The trustee(s) name(s) only followed by the designation trustee, i.e., John Doe, trustee; or

(b) The trustee(s) name(s) followed by the designation trustee and the name of the trust, i.e., John Doe, trustee John Doe Family Trust; or

| Note: | If necessary, the name of the trust will be abbreviated to meet the department's system limitations. | | --- | --- |

(2) If a vehicle is held in trust, who represents the trust for certificate of ownership transactions? If the vehicle record shows or is to be shown as:

(a) The trustee(s) name(s) only, followed by the designation trustee, i.e., John Doe, trustee, all trustees shown or to be shown on the certificate of ownership must sign.

(b) The trustee(s) name(s) followed by the designation trustee and name of the trust, i.e., John Doe, trustee John Doe Family Trust, all trustees shown or to be shown on the certificate of ownership must sign.

(3) What trust documents do I need to present to apply for a certificate of ownership in the name of the trust? You will need to provide a copy of the signed trust documents, showing the name of the trust, trustee(s) and successor trustees.

| Note: | Massachusetts trusts described in chapter 23.90 RCW must provide verification that the trust was filed with the Washington secretary of state. | | --- | --- |

(4) What is required when a trustee no longer acts on behalf of a trust? If a trustee no longer acts on behalf of a trust, and the vehicle ownership currently shows:

(a) The trustee(s) name(s) only followed by the designation trustee, i.e., John Doe, trustee, application must be made for a new certificate of ownership; or

(b) The trustee(s) name(s) followed by the designation trustee and the name of the trust, i.e., John Doe, trustee John Doe Family Trust, application must be made for a new certificate of ownership; or

(c) The name of the trust only, i.e., John Doe Family Trust, application for new certificate of ownership is not required.

In applying for a new certificate of ownership you will need to provide a copy of the signed trust documents, showing the name of the trust, trustee(s) and successor trustees.

| Note: | Massachusetts trusts described in chapter 23.90 RCW must provide verification that the trust was filed with the Washington secretary of state. | | --- | --- | | Note: | New or successor trustees must provide documentation showing they are named as such in the trust. |

(5) What is required when a trust is terminated? The owner of the vehicle must apply for a new certificate of ownership under chapter 46.12 RCW.

If trustee(s) are deceased and no successor trustee(s) is appointed, the process established in WAC 308-56A-335 - Owner deceased, applies.

History

Statutory Authority: RCW 46.01.110. WSR 03-10-097, § 308-56A-065, filed 5/7/03, effective 6/7/03. Statutory Authority: RCW 46.01.110, 88.02.070 and 88.02,100 [88.02.100]. WSR 01-08-022, § 308-56A-065, filed 3/27/01, effective 4/27/01. Statutory Authority: RCW 46.01.110. WSR 99-08-064, § 308-56A-065, filed 4/5/99, effective 5/6/99. Statutory Authority: RCW 46.01.110 and 46.12.030. WSR 97-03-076, § 308-56A-065, filed 1/15/97, effective 2/15/97
Order MV 208, § 308-56A-065, filed 7/31/74.

Wash. Admin. Code § 308-56A-070 Leased vehicles.

(1) How are the lessee and lessor designated on Washington certificates of ownership?

(a) The certificate of ownership will show the name of the lessee as registered owner, followed by LSE. The name of the lessor will be shown as the secured party or legal owner, followed by LSR.

(b) If the vehicle is subject to a security agreement the certificate of ownership will show the lessor's name immediately below the lessee's name as a subsequent registered owner followed by LSR. The address shown will be the lessee's. The secured party's name and address will be shown as the legal owner.

(c) Dealers and persons engaged in the business of vehicle leasing may simply be shown as sole registered owner if a copy of the lease or rental agreement is attached to the application. This does not apply if the lease contains an option to purchase or if it is for more than one year.

(2) How does a lien holder release interest on a leased vehicle? To release a lien on a vehicle that is being leased the lien holder must follow procedures outlined in WAC 308-56A-265.

(3) What if a sublessee is to be shown on the Washington certificate of ownership?

(a) Sublessees will be shown on the certificate of ownership as first registered owner, followed by SUBLSE. Lessees, lessor, and secured parties will be shown successively as described in subsection (1) of this section.

(b) The address of the registered owner will be that of the sublessee.

(c) Any person to be shown on the certificate of ownership as a registered owner as described in subsections (1) and (3)(a) of this section must sign the application for certificate of ownership.

(4) Do I need to surrender my out-of-state certificate of ownership to the department when I register my leased vehicle in Washington? If the out-of-state certificate of ownership shows lessee and lessor designations as required by Washington state law or rule, the certificate of ownership need not be surrendered. A certificate of registration will be issued, however, a Washington certificate of ownership will not. If the out-of-state certificate of ownership is not in name agreement or does not show lessee and lessor designations as required by Washington law or rule, the out-of-state certificate of ownership must be surrendered and a Washington certificate of ownership will be issued to the lessor/legal owner.

History

Statutory Authority: RCW 46.01.110, 46.12.101. WSR 03-12-071, § 308-56A-070, filed 6/3/03, effective 7/4/03. Statutory Authority: RCW 46.01.110. WSR 99-08-064, § 308-56A-070, filed 4/5/99, effective 5/6/99. Statutory Authority: RCW 46.01.110 and 46.12.030. WSR 97-03-076, § 308-56A-070, filed 1/15/97, effective 2/15/97
Order MV 208, § 308-56A-070, filed 7/31/74.

Wash. Admin. Code § 308-56A-075 Multiple legal owners.

(1) Can more than one legal owner show as security interest on the certificate of ownership? Yes, however, this is subject to the limited amount of space available in the department's computer system for legal owner's name information.

(2) How are additional legal owner's interest shown on the certificate of ownership? Additional legal owners are shown directly after the first legal owner. Only the address of the first legal owner will be shown on the certificate of ownership.

(3) If the security interest has been satisfied with one of the legal owners shown on a certificate of ownership, how is their interest released? When the security interest of one of the legal owners shown on a certificate of ownership has been satisfied that interest must be released on the certificate of ownership or a department approved release of interest form. The remaining legal owner(s) must, within ten days of receiving the properly released certificate of ownership, apply for reissuance of the certificate of ownership showing the remaining legal owner's name and address.

History

Statutory Authority: RCW 46.01.110. WSR 04-13-118, § 308-56A-075, filed 6/22/04, effective 7/23/04
WSR 03-10-097, § 308-56A-075, filed 5/7/03, effective 6/7/03
WSR 99-08-064, § 308-56A-075, filed 4/5/99, effective 5/6/99. Statutory Authority: RCW 46.01.110 and 46.12.030. WSR 97-03-076, § 308-56A-075, filed 1/15/97, effective 2/15/97
Order MV 208, § 308-56A-075, filed 7/31/74.

Wash. Admin. Code § 308-56A-110 New vehicles—Manufacturer's statement/certificate of origin.

(1) What ownership documentation from the manufacturer is required to title a new vehicle?

An application for a certificate of ownership for a new vehicle must be accompanied by a manufacturer's statement/certificate of origin (MSO/MCO).

(2) What information needs to be shown on the MSO/MCO?

The MSO/MCO must contain at least the following information:

(a) First conveyance of the vehicle after its manufacture;

(b) The model year;

(d) Model, body style;

(e) Vehicle identification number;

(f) An indication that the vehicle was not manufactured for road use, if applicable; and

(g) Shipping weight or curb weight.

(3) What documentation may be used in lieu of an MSO/MCO?

If the MSO/MCO is not available, the manufacturer's invoice to the dealer may be used. The manufacturer's invoice shall contain all the information required in subsection (2) of this section. If a flooring agent is shown on the invoice, the department requires a release of interest from the flooring agent.

(4) How is a dealer-to-dealer sale recorded on the MSO/MCO before the first retail sale?

A dealer-to-dealer sale is recorded in the assignment area on the MSO/MCO.

In the absence of an available assignment area a dealer to dealer report of sale or similar document may be used as long as a complete chain of ownership is documented from the original dealer named on the MSO/MCO through the retail selling dealer making the application.

History

Statutory Authority: RCW 46.01.110. WSR 03-05-081, § 308-56A-110, filed 2/19/03, effective 3/22/03
WSR 99-01-014, § 308-56A-110, filed 12/7/98, effective 1/7/99
Order MV 208, § 308-56A-110, filed 7/31/74.

Wash. Admin. Code § 308-56A-115 Vehicles from a state or country other than Washington.

(1) What ownership documents are required to title and license a vehicle not currently titled or licensed in the state of Washington?

(a) If a vehicle is titled in another state, the application for certificate of ownership must be accompanied by the current ownership documents.

(b) If the vehicle was acquired from an agency of the United States government, the federal ownership document issued by the United States government must accompany the application for certificate of ownership. When a bill of sale covers more than one vehicle, a photocopy may be accepted when:

(i) United States federal government either registered or titled in Washington with a federal (FED) use class, the purchaser needs a bill of sale for a no title issued (NTI), or when title is issued in Washington, need title properly released.

(ii) A secure odometer disclosure completed only by the transferee and buyer if the vehicle falls within the federal odometer disclosure criteria.

(c) If a vehicle is titled in another country, the application for certificate of ownership must be accompanied by the current ownership document issued by that country. If the country from which the vehicle is imported cancels the vehicle ownership document for export, the application for certificate of ownership must be accompanied by documents showing proof of ownership and evidence of the cancellation if available. If evidence of cancellation is not available, then a statement of fact by the owner is required.

(d) If a member of the United States armed forces owns the vehicle and the vehicle has been registered by a United States government military entity, the application for certificate of ownership must be accompanied by the registration certificate as proof of ownership. If there is a lien holder, the armed forces member must provide the lien holder information at the time of application.

(2) What ownership documents are required to obtain a certificate of ownership for a vehicle from a nontitling state or country?

(a) If the vehicle is from a state or country that by policy or law does not title a specific vehicle, but does register it, the department will accept the registration as an ownership document. If the applicant is not the owner shown on the registration, a bill of sale or release of interest is also required.

(b) If the vehicle is from a state or country that neither registers nor titles, follow the ownership in doubt procedures from WAC 308-56A-210. The applicant must submit a statement indicating when and where they acquired the vehicle.

(3) What if I am unable to locate a record of my vehicle in any state or country? If there is no indication that your vehicle is from a nontitle or nonregistration state or country, and no record of your vehicle is found, you may follow ownership in doubt procedures in WAC 308-56A-210.

(4) What is required to title a vehicle from a titling state or country that has refused to issue a title document for a specific vehicle? If the state or country has refused to issue title, Washington may require the customer to comply with ownership in doubt procedures from WAC 308-56A-210. In those cases where a title was refused for reasons not applicable to Washington, the department may consider issuing a title with the appropriate documentation.

(5) What documentation is required in addition to the ownership document if my vehicle is from a foreign country? In addition to the ownership document, the application for certificate of ownership must be accompanied by:

(a) An approved Department of Homeland Security U.S. Customs and Border Protection Entry Summary form properly executed authorizing the vehicle entry into this country. Applications for certificate of ownership for vehicles imported from Puerto Rico need not be accompanied by a customs document;

(b) An English translation for any document provided which is not in the English language. The translator must provide a notarized or certified affidavit attesting to the accuracy of the translation;

(c) A release of interest from the owners shown on the ownership documents, as provided in WAC 308-56A-265, if the applicant is not the owner shown.

History

Statutory Authority: RCW 46.01.110. WSR 07-20-109, § 308-56A-115, filed 10/3/07, effective 11/3/07
WSR 06-22-025, § 308-56A-115, filed 10/25/06, effective 11/25/06
WSR 03-05-081, § 308-56A-115, filed 2/19/03, effective 3/22/03
WSR 01-20-010, § 308-56A-115, filed 9/20/01, effective 10/21/01
WSR 99-01-014, § 308-56A-115, filed 12/7/98, effective 1/7/99
WSR 93-14-084, § 308-56A-115, filed 6/30/93, effective 7/31/93
Order MV 208, § 308-56A-115, filed 7/31/74.

Wash. Admin. Code § 308-56A-140 Department temporary license plate.

(1) What is a department temporary license plate?

(a) The department temporary license plate is a system-generated license plate printed on durable paper material which may be issued in lieu of a registration certificate and license plates when:

(i) The vehicle is not currently licensed in Washington;

(ii) Appropriate vehicle documentation to title and license the vehicle is not immediately available but is likely to be available within 60 days;

(iii) License plates are not immediately available to include, but not be limited to, the issuance of personalized and specialty plates; or

(iv) Other reasons as determined by the department.

(b) For the purposes of this section, a vehicle may be considered unlicensed if the current license expires within 60 days of application for the department temporary license plate, or the vehicle's license plates are missing or unreadable.

(2) How long is a department temporary license plate valid? The department temporary license plate is valid for no longer than 60 days from the date of application or as defined in section 7.

(3) Is there an additional fee when applying for a department temporary license plate? No, there is no additional fee. Titling and licensing fees and taxes are due upon the issuance or the clearing of the department temporary license plate based on the transaction (i.e., titling versus personalized plate issuance).

(4) How do I display the temporary license plate? You must display the temporary license plate the same as described for a permanent license plate in RCW 46.16A.200 (5)(a), in the same location or locations where permanent license plates are displayed for vehicles. The temporary license plate must be secured to remain stable and readable during movement or in windy conditions.

(5) If my vehicle is eligible for monthly gross weight, how many months of gross weight must I purchase with a department temporary license plate? If your vehicle is eligible for monthly gross weight, you may purchase gross weight up to the duration of the department temporary license plate. You may receive credit as described in WAC 308-96A-220(7) for gross weight license already purchased.

(6) How do I obtain a replacement department temporary license plate? You may obtain a replacement department temporary license plate by contacting any vehicle licensing office. You must provide the vehicle identification number or the department temporary license plate number. The replacement department temporary license plate will retain the same expiration date as the original.

(7) When will the department temporary plate be issued for more than 60 days?

(a) In emergent situations as determined by the department, such as plate shortages, the department will issue temporary license plates with an expiration date contingent upon when the situation is anticipated to be resolved.

(b) The department will conduct a customer awareness campaign and communicate with law enforcement agencies when such a determination has been made and when the emergent situation is resolved.

(8) May another department temporary license plate be issued after the expiration of the first? Yes, when necessary, another department temporary license plate may be issued on a case-by-case basis upon departmental approval.

History

Statutory Authority: RCW 46.01.110 and 46.16A.305. WSR 25-22-091, s 308-56A-140, filed 11/4/25, effective 12/5/25. Statutory Authority: RCW 46.01.110. WSR 23-15-119, § 308-56A-140, filed 7/19/23, effective 8/19/23
WSR 07-22-090, § 308-56A-140, filed 11/6/07, effective 12/7/07
WSR 04-08-080, § 308-56A-140, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 46.01.110, 46.12.040, 46.16.216. WSR 03-12-006, § 308-56A-140, filed 5/22/03, effective 6/22/03
WSR 99-12-031, § 308-56A-140, filed 5/25/99, effective 6/25/99. Statutory Authority: RCW 46.01.110. WSR 93-14-084, § 308-56A-140, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.01.110, 46.12.151 and 46.12.050. WSR 92-03-077, § 308-56A-140, filed 1/14/92, effective 2/14/92
Order MV 208, § 308-56A-140, filed 7/31/74.

Wash. Admin. Code § 308-56A-150 Certificate of vehicle inspection.

(1) When is a certificate of vehicle inspection required? A certificate of vehicle inspection, completed by the Washington state patrol or other authorized inspector, must accompany the application for certificate of ownership and include the applicable statutory inspection fee whenever the applicant's vehicle is:

(a) Reported destroyed since the last certificate of ownership was issued and ownership was not retained by the registered owner;

(b) A homemade, assembled, or rebuilt vehicle not previously titled as such;

(c) One on which the identification number needs verification as requested by the department, county auditor, or authorized agent;

(d) A kit vehicle not previously titled as such (if no vehicle identification number (VIN) or model year previously assigned);

(e) A street rod not previously titled as such;

(f) A glider kit not previously titled as such;

(g) Subject to ownership in doubt described in WAC 308-56A-210;

(h) One which the Washington crime information center (WACIC) or National Crime Information Center (NCIC) indicates may be stolen;

(i) One for which the WACIC/NCIC has failed to respond to the stolen vehicle search required by chapter 46.12 RCW; or

(j) Inspections are not required for snowmobiles or mobile homes.

(2) Is there a fee charged for a VIN inspection? Yes, the amount of the fee is established in RCW 46.12.040. The fee is not due when:

(a) The out-of-state fee authorized by chapter 46.12 RCW has been collected on the same application; or

(b) The Washington state patrol or department of licensing has determined that the fee is not due.

(3) Who is authorized to perform a vehicle inspection? Vehicle inspections may be performed by:

(a) The Washington state patrol;

(b) Other entities or individuals designated by the director if the vehicle is located in another state or country and the requirement for inspection by the Washington state patrol will cause undue hardship.

(4) How long is a vehicle certificate of inspection valid? The vehicle certificate of inspection is valid for the following periods of time after the inspection date:

(a) Sixty days for vehicles:

(i) Reported destroyed;

(ii) Homemade, assembled, rebuilt, street rods, kit vehicles and glider kits;

(iii) If the identification number needs verification, has been removed, defaced, altered, destroyed, illegible or missing;

(iv) With no Washington record or no manufacture certificate/statement of origin (MCO/MSO) except those described in WAC 308-56A-210;

(v) Referred for inspection for any reason not listed.

(b) Three hundred sixty-five days for a licensed vehicle dealer.

History

Statutory Authority: RCW 46.01.110. WSR 08-03-104, § 308-56A-150, filed 1/22/08, effective 2/22/08
WSR 06-22-025, § 308-56A-150, filed 10/25/06, effective 11/25/06. Statutory Authority: RCW 46.01.110, 46.16.125, 46.16.225, 46.16.276, 46.16.060, 46.16.600, 43.17.060. WSR 04-08-002, § 308-56A-150, filed 3/24/04, effective 4/24/04. Statutory Authority: RCW 46.01.110, 46.12.040, 46.16.216. WSR 03-12-006, § 308-56A-150, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 46.01.110. WSR 03-05-081, § 308-56A-150, filed 2/19/03, effective 3/22/03
WSR 01-20-010, § 308-56A-150, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. WSR 99-21-098, § 308-56A-150, filed 10/20/99, effective 11/20/99. Statutory Authority: RCW 46.01.110. WSR 97-07-014, § 308-56A-150, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. WSR 91-04-024, § 308-56A-150, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110. WSR 85-06-011 (Order TL/RG 11), § 308-56A-150, filed 2/22/85
Order MV 208, § 308-56A-150, filed 7/31/74.

Wash. Admin. Code § 308-56A-160 Model year—How determined.

(1) How is a model year assigned to a vehicle? The model year for a vehicle is the model year assigned by the manufacturer. If an original manufacturer has not assigned a model year, or your vehicle is rebuilt, homemade, a street rod, or assembled vehicle, the following criteria will be used to establish the model year:

(a) When possible, the model year will be determined from the vehicle identification number (VIN). When the VIN does not identify the production date, corresponding production records of the original manufacturer must be used.

(b) The model year for a homemade vehicle will be the year of inspection for the purpose of making an application for certificate of ownership.

(c) The model year for assembled vehicles will be determined at the time of inspection based on the date of manufacture of the vehicle that the newly assembled vehicle most closely resembles.

(2) Are there standards for assigning model years that manufacturers must follow? Manufacturers must adopt standards for assigning model years based on the date of manufacture as outlined in 46 C.F.R. Manufacturers must designate the model year on the manufacturer's certificate of origin (MCO), manufacturer's statement of origin (MSO) or similar documents.

(3) How are model years assigned to vehicles that are incomplete? Manufacturers of chassis or incomplete vehicles sold to manufacturers who issue separate MCOs/MSOs need not assign model year to the chassis or incomplete vehicle. The final stage manufacturer of these vehicles must assign the model year as provided in subsection (2) of this section. In the event a model year is assigned by both the incomplete vehicle manufacturer and the completing manufacturer, the completing manufacturer assigned model year will be used on the certificates of ownership and registration.

(4) For purposes of this section the following terms will have the meanings indicated:

(a) "Manufacture" means to produce or assemble vehicles or vehicle equipment in the customs territory of the United States or to import.

(b) "Manufacturer" means:

(i) A person engaged in the business of manufacturing vehicle or vehicle equipment, including predecessor or successor of the person to the extent provided under regulations prescribed by the Secretary of Transportation in 49 C.F.R.; and

(ii) If more than one person is the manufacturer of a vehicle, the person specified under regulations prescribed by the Secretary of Transportation in 49 C.F.R.

(i) Frame and chassis structure;

(ii) Power train;

(iii) Steering system;

(iv) Suspension system; and

(v) Braking system.

To the extent that those systems are to be part of the completed vehicle that requires further manufacturing operation; other than the additions of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

(d) "Model" means a name that a manufacturer applies to a family of vehicles of the same type, make, line, series, and body type.

(e) "Assembled and homemade vehicles" have the meaning provided in WAC 308-56A-455.

History

Statutory Authority: RCW 46.01.110. WSR 10-02-034, § 308-56A-160, filed 12/30/09, effective 1/30/10. Statutory Authority: RCW 46.01.110, 46.12.040, 46.16.216. WSR 03-12-006, § 308-56A-160, filed 5/22/03, effective 6/22/03
WSR 99-12-031, § 308-56A-160, filed 5/25/99, effective 6/25/99. Statutory Authority: RCW 46.01.110. WSR 97-07-014, § 308-56A-160, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. WSR 94-17-044, § 308-56A-160, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110. WSR 93-14-084, § 308-56A-160, filed 6/30/93, effective 7/31/93.

Wash. Admin. Code § 308-56A-170 Retail sales and use tax exemption criteria for clean alternative fuel vehicles.

For the purposes of RCW 82.08.809 and 82.12.809:

(1) The lowest manufacturer's retail price for a base model vehicle is the one provided by a vendor selected by the department;

(2) The department publishes and periodically updates a list of all vehicle models qualifying for the sales and use tax exemptions under those sections; and

(3) The list of qualifying vehicle models is available on the department's website.

As used in this section, "base model" means the least expensive and least optioned model of a qualifying vehicle identified in RCW 82.08.809 (1)(a) and 82.12.809 (1)(a).

History

Statutory Authority: RCW 46.01.110, 82.08.809, and 82.12.809. WSR 23-22-033, § 308-56A-170, filed 10/23/23, effective 11/23/23. Formerly WAC 308-04-030.

Wash. Admin. Code § 308-56A-200 Replacement Washington certificate of ownership.

(1) What is a replacement certificate of ownership? A replacement certificate of ownership replaces certificates of ownership that are:

(a) Lost;

(b) Mutilated;

(d) Destroyed.

(2) What documents and information do I need to provide to the department to obtain a replacement certificate of ownership? A replacement certificate of ownership will be issued only to the owner(s) of record. You will need to provide an explanation of what happened to the certificate of ownership that you are replacing and the vehicle description to include, but not limited to, the model year, make, and vehicle identification number or the Washington license plate number. A request for a replacement certificate of ownership must be presented to the department on a notarized or certified:

(a) Affidavit of loss form;

(b) Letter of request from the owner(s) of record; or

(3) Who needs to sign the request for a replacement certificate of ownership? All legal owners shown on department records must sign the request for the replacement certificate of ownership. Signatures must be certified or notarized in accordance with WAC 308-56A-275.

(4) What do I do if I find my certificate of ownership after I receive a replacement? Once a replacement certificate of ownership is issued, any previously issued certificate of ownership is void and, if found, must be destroyed.

History

Statutory Authority: RCW 46.01.110, 46.12.040, 46.16.216. WSR 03-12-006, § 308-56A-200, filed 5/22/03, effective 6/22/03
WSR 99-12-031, § 308-56A-200, filed 5/25/99, effective 6/25/99
Order MV 208, § 308-56A-200, filed 7/31/74.

Wash. Admin. Code § 308-56A-210 Ownership in doubt—Bonded title or three-year registration without title.

(1) What is ownership in doubt? Ownership in doubt is when a vehicle owner(s) is unable to obtain satisfactory evidence of ownership or releases of interest as described in WAC 308-56A-265.

(2) What options are available in an ownership in doubt situation? When in an ownership in doubt situation, the owner may:

(a) Apply for three-year registration without title; or

(b) Apply for a bonded title described in RCW 46.12.550; or

(c) Petition any district or superior court of any county of this state to receive a judgment awarding ownership of the vehicle. This is required if ownership of the vehicle is contested after the applicant makes application for ownership in doubt and before the three-year ownership in doubt period has lapsed.

(3) What documents are required when applying for a bonded title or three-year registration without title? Required documents when applying for a bonded title or three-year registration include:

(a) A bonded title or a three-year registration without title affidavit completed by the applicant and signed by all persons to be shown as a registered owner.

(b) Washington state patrol inspection, unless the vehicle is specifically exempt under subsection (4) of this section. For vehicles exempt from the Washington state patrol inspection under subsection (4) of this section, the following documents are also required:

(i) A bonded title or three-year registration without title affidavit for vehicles exempt from the Washington state patrol inspection completed and signed by a person to be shown as a registered owner; and

(ii) A legible etching or photograph of the VIN as proof of the VIN.

(d) A bond as described in RCW 46.12.550, if the applicant is applying for a bonded title.

(e) Other documents that may be required by law or rule.

(4) Are there exemptions from the Washington state patrol inspection? Yes.

(a) Certain vehicles are exempt from the Washington state patrol inspection if:

(i) There is a Washington record; or

(ii) There is no Washington record, but the vehicle owner has a title or registration certificate issued by Washington or another jurisdiction.

(b) Vehicles exempt from the Washington state patrol inspection include:

(i) Mopeds;

(ii) Trailers with a scale weight less than 2,000 pounds;

(iii) Not eligible for road use (NEFRU) vehicles as defined in WAC 308-56A-500 when the model year is 10 years old or older;

(iv) Travel trailers and park model trailers when the model year is 10 years old and older;

(v) Campers when the model year is 10 years old and older;

(vi) Manufactured and mobile homes are exempt at all times.

(5) When is a bond required? A bond is required in ownership in doubt situations when:

(a) The applicant is a Washington state licensed vehicle dealer; or

(b) The Washington record shows there is an existing lien.

(6) How is a vehicle value determined for filing a bond? Vehicle value may be determined from one of the following sources:

(a) The department's automated valuing system; or

(b) A published appraisal guide; or

(c) Appraisal from a licensed vehicle dealer or appraisal company. The appraisal must be on company letterhead and have the business card attached; or

(d) Insured amount; or

(e) Consideration or payment plus estimated repairs by a bona fide mechanic; or

(f) Other valuing sources approved by the department.

(7) May I transfer ownership on a vehicle with a bonded title or three-year registration without title? Yes.

(a) Owners releasing interest in a vehicle with a bonded title or three-year registration without title must provide a release of interest described in WAC 308-56A-265;

(b) The new owners must submit an application for title as described in this chapter and complete the time remaining on the current ownership in doubt period.

History

Statutory Authority: RCW 46.12.635 and 46.12.680. WSR 25-19-079, s 308-56A-210, filed 9/16/25, effective 10/17/25. Statutory Authority: RCW 46.12.635. WSR 23-23-183, § 308-56A-210, filed 11/22/23, effective 12/23/23. Statutory Authority: RCW 46.01.110. WSR 07-13-082, § 308-56A-210, filed 6/19/07, effective 7/20/07
WSR 06-22-025, § 308-56A-210, filed 10/25/06, effective 11/25/06
WSR 03-05-081, § 308-56A-210, filed 2/19/03, effective 3/22/03
WSR 99-01-014, § 308-56A-210, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 42.17.250(1), 46.01.110, 46.12.151 and 46.12.380. WSR 96-03-047, § 308-56A-210, filed 1/11/96, effective 2/11/96
Order MV 208, § 308-56A-210, filed 7/31/74.

Wash. Admin. Code § 308-56A-215 Erasures, alterations, and incorrect information.

(1) Will the department accept an application for certificate of ownership or supporting documents if they have been altered? The department may refuse to accept any application for certificate of ownership or supporting documents when ownership or vehicle information has been altered.

(2) Will the department accept a certificate of ownership if it has been altered? Any alteration or erasure voids the certificate of ownership unless documentation satisfactory to the department in accordance with subsection (3) of this section is submitted with the certificate.

(3) What does the department require when a certificate of ownership, an application for certificate of ownership or supporting documents has been altered?

(a) The department may require an affidavit explaining any erasure or alteration on the application, certificate of ownership, or any supporting documentation.

(b) The department may require a notarized/certified release of interest when:

(i) A signature or name that has been altered or erased appears on an application; or

(ii) A security interest is named to be shown on the new certificate of ownership and the applicant claims there is no lien; or

(iii) A security interest is shown incorrectly or is altered on the application for certificate of ownership from a Washington licensed dealer. In lieu of a release of interest, the Washington licensed vehicle dealer may attach an affidavit explaining the error in the security interest.

(c) A name erroneously shown on the certificate of ownership as the purchaser must be accompanied by either a release of interest from the erroneously named purchaser or a statement by the owner of record that the sale was not completed or other explanation for the erroneous designation.

History

Statutory Authority: RCW 46.01.110, 46.12.040, 46.16.216. WSR 03-12-006, § 308-56A-215, filed 5/22/03, effective 6/22/03
WSR 99-12-031, § 308-56A-215, filed 5/25/99, effective 6/25/99
Order MV 208, § 308-56A-215, filed 7/31/74.

Wash. Admin. Code § 308-56A-250 Signature of registered owner on application—Exceptions.

(1) When is the signature of a registered owner(s) required? Each registered owner is required to sign the application for certificate of ownership except when:

(a) The application is for the sole purpose of removing a secured party of record from the certificate of ownership;

(b) Authorized supportive documentation is used in lieu of the signature or signatures;

(d) There is a statutorily authorized lien filed by a government agency against the vehicle;

(e) An existing legal owner's perfected security interest is transferred to another party and the new secured party is perfecting its security interest;

(f) The department determines from a review of supporting documentation that the vehicle record must be corrected and a new certificate of ownership issued to correct an error made by the department.

(2) When is one signature acceptable on an application for certificate of ownership with multiple registered owners? Only one registered owner's signature is required when:

(a) The last certificate of ownership was issued in another jurisdiction; and

(b) The last certificate of ownership shows multiple registered owners; and

History

Statutory Authority: RCW 46.16.110. WSR 04-19-017, § 308-56A-250, filed 9/7/04, effective 10/8/04. Statutory Authority: RCW 46.01.110. WSR 03-08-055, § 308-56A-250, filed 3/31/03, effective 5/1/03
WSR 99-08-065, § 308-56A-250, filed 4/5/99, effective 5/6/99
WSR 92-15-024, § 308-56A-250, filed 7/6/92, effective 8/6/92
Order MV 208, § 308-56A-250, filed 7/31/74.

Wash. Admin. Code § 308-56A-265 Releasing interest.

(1) How does a registered or legal owner release interest in a vehicle? To release interest in a vehicle a registered or legal owner must:

(a) Sign the release of interest section provided on the certificate of ownership; or

(b) Provide a release of interest document or form approved by the department.

(2) Do signatures releasing interest need to be notarized or certified? If the signatures releasing interest are not provided on the certificate of ownership, all signatures must be notarized or certified in accordance with WAC 308-56A-275.

(3) When are notarized or certified signatures not required on a release of interest? Signatures releasing interest do not need to be notarized or certified when:

(a) A signature releasing interest is provided on the certificate of ownership issued by the department or another jurisdiction;

(b) An approved affidavit in lieu of title printed by a lending institution that is authorized by the department to participate in the electronic title program is provided;

(i) The secured party is a business; and

(ii) Provide a release of interest document or form approved by the department; and

(iii) Is submitted with the current certificate of ownership;

(d) A release of interest or bill of sale from the registered owner when the vehicle is from a jurisdiction which does not title this type of vehicle;

(e) A release of interest or bill of sale from a wrecker or insurance company.

(4) When is a release of interest not required from a registered owner? A release of interest from the registered owner is not required when:

(a) The registered owner is identified as a lessee or sublessee on an ownership document.

(b) The vehicle is awarded to a different owner by legal action.

(5) What other documentation may be used as a release of interest? Documents that may be used as a release of interest include, but are not limited to:

(a) Bill of sale;

(b) Affidavit in lieu of title with the release of interest portion properly completed;

(d) Affidavit of repossession;

(e) Affidavit of sale on an abandoned vehicle report;

(f) Chattel or landlord lien form;

(g) Certificate of junk vehicle form; or

(h) Other documentation approved by the department.

These items may be subject to notary requirements.

History

Statutory Authority: RCW 46.01.110. WSR 03-08-055, § 308-56A-265, filed 3/31/03, effective 5/1/03
WSR 99-08-065, § 308-56A-265, filed 4/5/99, effective 5/6/99
Order MV 208, § 308-56A-265, filed 7/31/74.

Wash. Admin. Code § 308-56A-270 Forms of signature.

(1) What forms of signature are acceptable to the department? The department will accept any memorandum, signature stamp, mark, or sign made with intent to authenticate any instrument or writing.

(2) What form of signature is required for business owned vehicles? Signatures for business owned vehicles must include:

(a) The name of the business or a commonly accepted abbreviation for the business;

(b) The signature of the person authorized to sign on behalf of the business as stated in subsection (1) of this section; and

History

Statutory Authority: RCW 46.01.110 and 46.16A.220. WSR 15-16-090, § 308-56A-270, filed 8/3/15, effective 9/3/15. Statutory Authority: RCW 46.16.010 and 9A.04.110. WSR 06-15-060, § 308-56A-270, filed 7/12/06, effective 8/12/06. Statutory Authority: RCW 46.01.110. WSR 03-08-055, § 308-56A-270, filed 3/31/03, effective 5/1/03. Statutory Authority: RCW 46.01.110, 46.12.101, 88.02.070. WSR 02-01-123, § 308-56A-270, filed 12/19/01, effective 1/19/02. Statutory Authority: RCW 46.01.110. WSR 99-08-065, § 308-56A-270, filed 4/5/99, effective 5/6/99
Order MV 208, § 308-56A-270, filed 7/31/74.

Wash. Admin. Code § 308-56A-275 Certification of signature.

Who may certify signatures?

(1) Signatures must be notarized by a notary public or certified by an agent or subagent appointed by the director to conduct vehicle title and registration activities on behalf of the department. The certification must include the signature, county, and office of the person certifying the signature. Signatures may also be certified by one of the following:

(a) Employees authorized by the director to certify signatures. These employees are:

(i) Deputy director; and

(ii) Assistant director for vehicle services; and

(iii) Administrator and managers of the division primarily responsible for vehicle title and registration; and

(iv) Persons assigned to liaison duties between the department and its agents and subagents; and

(v) Persons assigned the responsibility of accepting title and registration applications at the department's offices; and

(vi) Persons assigned the responsibility for investigating vehicle dealer activities; and

(b) Persons authorized by a Washington licensed vehicle dealer, if the vehicle is sold by that dealer. The certification must include the dealer number, signature, and title of the person certifying the signature.

(2) The person certifying the signatures shall require proof of identification. Approved identification includes:

(a) Drivers license; or

(b) Any nationally or regionally recognized government issued photo identification card; or

(i) A nationally or regionally recognized credit card (signed);

(ii) Any certificate or other document issued by a government agency for the purpose of establishing identity; or

(d) Other documentation satisfactory to the department.

History

Statutory Authority: RCW 46.01.110 and 88.02.320. WSR 23-23-146, § 308-56A-275, filed 11/20/23, effective 12/21/23. Statutory Authority: RCW 46.01.110. WSR 03-08-055, § 308-56A-275, filed 3/31/03, effective 5/1/03
WSR 99-08-065, § 308-56A-275, filed 4/5/99, effective 5/6/99
WSR 88-20-035 (Order TL/RG 44), § 308-56A-275, filed 9/30/88
Order MV 208, § 308-56A-275, filed 7/31/74.

Wash. Admin. Code § 308-56A-295 Vehicle sold—Reported stolen—Liability if abandoned.

Who is responsible for removal, storage, and disposal fees if a vehicle has been reported stolen after it was reported sold, and is subsequently abandoned?

If a report of sale has been properly filed with the department prior to the date the vehicle was reported stolen, the purchaser shown on that report of sale will be responsible for removal, storage, and disposal fees. If a report of sale has not been properly filed, the registered owner on the department records remains liable.

History

Statutory Authority: RCW 46.01.110. WSR 03-05-081, § 308-56A-295, filed 2/19/03, effective 3/22/03
WSR 99-01-014, § 308-56A-295, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 308-56A-300 Application for certificate of ownership for abandoned vehicles.

What proof of ownership do I need to submit for a vehicle I purchased at a Washington abandoned vehicle auction as authorized under chapter 46.55 RCW? You must submit:

(1) A Washington Abandoned Vehicle Report - Affidavit of Sale form as provided for in WAC 308-61-026(1); and

(2) Certificate of ownership application and other documents required by RCW 46.12.030(3).

History

Statutory Authority: RCW 46.01.110, 46.12.101. WSR 03-12-071, § 308-56A-300, filed 6/3/03, effective 7/4/03
WSR 99-13-150, § 308-56A-300, filed 6/21/99, effective 7/22/99. Statutory Authority: RCW 46.01.110 and 46.12.101 as amended by 1987 c 127 § 1. WSR 87-21-012 (Order TL/RG/36), § 308-56A-300, filed 10/9/87
Order MV 208, § 308-56A-300, filed 7/31/74.

Wash. Admin. Code § 308-56A-305 Law enforcement sale.

(1) What documents must I submit to obtain a certificate of ownership for a vehicle that has been purchased at a law enforcement sale? You must submit:

(a) Documents required by chapters 46.01 and 46.12 RCW;

(b) A bill of sale from law enforcement to the purchaser stating that the vehicle was sold in accordance with chapter 63.32, 63.35 or 63.40 RCW;

(c) A copy of an order from any district or superior court of any county of this state authorizing law enforcement to sell the vehicle; or

(d) The current certificate of ownership, if it is available.

(2) Does the sale of a vehicle at a law enforcement sale remove any previous security interest? Yes, the security interests are released at the time of sale.

History

Statutory Authority: RCW 46.01.110, 46.12.101. WSR 03-12-071, § 308-56A-305, filed 6/3/03, effective 7/4/03
WSR 99-13-150, § 308-56A-305, filed 6/21/99, effective 7/22/99
Order MV 208, § 308-56A-305, filed 7/31/74.

Wash. Admin. Code § 308-56A-310 Personal property lien—Chattel.

(1) What is a chattel lien? For the purposes of this section a chattel lien is a process by which a person may sell or take ownership of a vehicle when:

(a) They provide services or materials for a vehicle at the request of the registered owner; and

(b) The person who provided the services and/or materials has not been compensated.

(2) What documents are required to obtain a certificate of ownership for a vehicle? The required documents include:

(a) A completed Vehicle/Vessel Chattel Lien Sale Affidavit form provided or approved by the department; and

(b) A certified copy of the lien filing that is filed with the county auditor; and

(c) A copy of the letter(s) sent by the lien applicant via first class mail, and certified or registered mail, to the registered and legal owners of record, including the return receipt; and

(d) Affidavit of service by mail; and

(e) Application for certificate of ownership; and

(f) Other documents that may be required by law or rule.

(3) When is a Washington court order required to issue a certificate of ownership as a result of a chattel lien? A Washington court order is required when:

(a) Someone other than the owner of record requested the services and/or materials; or

(b) There is no record of the vehicle on file with the department.

(4) What laws regulate chattel liens? Chapter 60.08 RCW regulates chattel liens.

History

Statutory Authority: RCW 88.020 [88.02.070], 88.02.100. WSR 07-03-128, § 308-56A-310, filed 1/23/07, effective 2/23/07. Statutory Authority: RCW 46.01.110. WSR 06-17-145, § 308-56A-310, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-21-071, § 308-56A-310, filed 10/18/01, effective 11/18/01. Statutory Authority: RCW 46.01.110, 88.02.070 and 88.02,100 [88.02.100]. WSR 01-08-022, § 308-56A-310, filed 3/27/01, effective 4/27/01. Statutory Authority: RCW 46.01.110 and 46.12.101. WSR 99-13-150, § 308-56A-310, filed 6/21/99, effective 7/22/99
Order MV 208, § 308-56A-310, filed 7/31/74.

Wash. Admin. Code § 308-56A-311 Personal property lien—Landlord's lien for rent.

(1) What is a landlord's lien for rent? For the purposes of this chapter, a landlord's lien for rent is a process by which a landlord may sell or take ownership of a tenant's vehicle as security for rent due.

(2) What documents are required to issue a certificate of ownership for a vehicle obtained through the landlord's lien for rent process? The required documents include:

(a) A completed affidavit of landlord lien form provided or approved by the department;

(b) Application for certificate of ownership; and

(3) When is a Washington court order required to issue a certificate of ownership as a result of a landlord's lien for rent? A Washington court order is required when there is no record of the vehicle on file with the department.

(4) What laws regulate landlords' lien for rent? Chapters 59.18, 60.10, and 60.72 RCW regulate landlord liens for rent.

History

Statutory Authority: RCW 46.01.110. WSR 06-17-145, § 308-56A-311, filed 8/22/06, effective 9/22/06.

Wash. Admin. Code § 308-56A-312 Personal property lien—Self-service storage facilities.

(1) What is a self-service storage facilities lien? For the purposes of this chapter, a self-storage facilities lien is a process by which the owner of a self-storage facility may sell a vehicle stored at the facility as security for rent or other charges due.

(2) What documents are required to obtain a certificate of ownership for a vehicle obtained through the self-service storage facilities lien process? The required documents include:

(a) A completed affidavit of self-storage facilities lien sale form provided or approved by the department;

(b) Application for certificate of ownership; and

(3) When is a Washington court order required to issue a certificate of ownership as a result of a self-service storage facilities lien?

(a) The vehicle is no longer in the possession of the person who is claiming the self-service storage facilities lien; or

(b) There is an existing lien holder on the vehicle record; or

(4) What law regulates self-service storage facilities liens? Chapter 19.150 RCW regulates self-storage facilities liens.

History

Statutory Authority: RCW 46.01.110. WSR 06-17-145, § 308-56A-312, filed 8/22/06, effective 9/22/06.

Wash. Admin. Code § 308-56A-315 Name change.

What document must I submit to change my name shown on the certificate of ownership? You must submit:

(1) Documents required by chapters 46.01 and 46.12 RCW; and

(2) If the name was changed by a court order, a copy of that order; or

(3) A notarized/certified affidavit signed by you stating:

(a) Your previous and current names; and

(b) The reason for the name change; and

History

Statutory Authority: RCW 46.01.110, 46.12.101. WSR 03-12-071, § 308-56A-315, filed 6/3/03, effective 7/4/03
WSR 99-13-150, § 308-56A-315, filed 6/21/99, effective 7/22/99
Order MV 208, § 308-56A-315, filed 7/31/74.

Wash. Admin. Code § 308-56A-320 Transfer by court order.

(1) What documents must I submit if ownership of a vehicle is awarded by court order? In addition to ownership documents required by chapter 46.12 RCW and registration documents required by chapter 46.16 RCW, you must submit:

(a) A copy of the Washington state court order, or certification from the clerk of the court confirming the courts action; or

(b) Finding of fact, conclusion of law and decision from the Washington state office of administrative hearings per RCW 46.12.330 for vehicles titled in Washington state; or

(c) A copy of the foreign court order if a vehicle for which ownership was most recently established is in the same jurisdiction as the court action, example: California court order and California vehicle ownership documents; or

(d) The court order to be filed in accordance with RCW 6.36.025 if the court order and vehicle certificate of ownership are not from the same jurisdiction; or

(e) A certificate of ownership from a foreign jurisdiction in the applicant's name.

(2) What information does the department require on the court order or legal decision as defined in RCW 46.12.330? At a minimum, the court order or legal decision must contain:

(a) The full name of the person to whom the property is awarded;

(b) A description of the vehicle(s) awarded;

(d) An indication that the court order is the final judgment of the court in this matter; and

(e) A signature of an authorized representative of the court.

(3) Does the department require all pages of the final court order or legal decision as defined in RCW 46.12.330? No, the department requires only copies of pages of the final court order or legal decision that contain:

(a) The information listed in subsection (2) of this section; and

(b) If the court order or legal decision identifies any collateral agreements, include the first page, the signature page, and vehicle description; and

(4) Does the copy of the court order or legal decision need to be certified? No.

(5) What does the department require if the court order or legal decision does not describe the vehicle by vehicle identification number (VIN) or Washington license plate number? The department requires a certified or notarized statement from the owner describing the vehicle in the court order or legal decision by year, make and VIN or vehicle license plate number.

(6) Does the court order or legal decision allow the department to remove the security interest recorded on the current certificate of ownership? The department will remove the security interest only if the court order or legal decision specifically directs the department to do so.

(7) How do I get the security interest removed if the court order or legal decision does not specifically direct the department to do so? The new owner may:

(a) Negotiate with the secured party to obtain either a release of interest or a new security agreement; or

(b) Petition the original court or legal official that issued the order or decision, or a higher court, to have the matter of the secured interest resolved.

History

Statutory Authority: RCW 46.01.110, 46.12.101. WSR 03-12-071, § 308-56A-320, filed 6/3/03, effective 7/4/03
WSR 99-13-150, § 308-56A-320, filed 6/21/99, effective 7/22/99
Order MV 208, § 308-56A-320, filed 7/31/74.

Wash. Admin. Code § 308-56A-325 Owner incompetent.

(1) What documentation does the department require to show a guardian has been appointed for a person who has been declared incompetent? The department requires a copy of the order issued from any district or superior court of competent jurisdiction.

(2) How is the interest of a person who has been declared incompetent by the court recorded on the certificate of ownership issued by the department? The department will record the name of the court appointed guardian(s) followed by the designation GDN and the name of the estate of the person declared incompetent on the certificate of ownership. Example: John Doe GDN, Estate of Mary Smith.

(3) Who releases interest on a vehicle ownership document if the owner is declared incompetent? Only the court appointed guardian may release interest in the vehicle. If guardianship is not recorded on the current certificate of ownership, a copy of the court order appointing the guardian must accompany the release of interest. The guardian may not appoint any person through power of attorney to release interest.

History

Statutory Authority: RCW 46.01.110, 46.12.101. WSR 03-12-071, § 308-56A-325, filed 6/3/03, effective 7/4/03
WSR 99-13-150, § 308-56A-325, filed 6/21/99, effective 7/22/99
Order MV 208, § 308-56A-325, filed 7/31/74.

Wash. Admin. Code § 308-56A-330 Owner bankrupt.

Who releases interest in a vehicle when an owner has been declared bankrupt? The owner or the trustee appointed by the bankruptcy court has the authority to release interest in a vehicle. A copy of the court order appointing the trustee must accompany the release of interest.

History

Statutory Authority: RCW 46.01.110, 46.12.101. WSR 03-12-071, § 308-56A-330, filed 6/3/03, effective 7/4/03
WSR 99-13-150, § 308-56A-330, filed 6/21/99, effective 7/22/99
Order MV 208, § 308-56A-330, filed 7/31/74.

Wash. Admin. Code § 308-56A-335 Owner deceased.

(1) What titling options are available when a vehicle owner is deceased?

(a) The vehicle can be titled in the name of the estate; or

(b) The vehicle ownership may be released by a personal representative and transferred into the name of a new owner; or

(2) How can a vehicle be titled in the name of the estate of the deceased? The signature of a personal representative as described in RCW 11.02.005(1) is required to release interest for the deceased owner. The vehicle may then be titled and licensed in the name of the estate of the deceased pending final settlement of the estate. A copy of the court order appointing or confirming the personal representative must be attached to the application for certificate of ownership.

(3) How will the name of the estate be shown on the certificate of ownership? The name will be shown as "Estate of (deceased's name)."

(4) What do I need as documentation to release or transfer interest in a vehicle acquired from an estate of a deceased person?

If the estate is:

(a) Administered:

(i) Letters of testamentary; or

(ii) Letter of administration; or

(iii) Certificate of county clerk.

(b) Joint tenants with rights of survivorship:

Copy of death certificate.

(i) Copy of the death certificate; and

(ii) A copy of the community property agreement.

(d) Not administered:

(i) Copy of death certificate; and

(ii) Affidavit of inheritance; or

(iii) Affidavit of succession.

History

Statutory Authority: RCW 46.01.110. WSR 01-03-002, § 308-56A-335, filed 1/4/01, effective 2/4/01
WSR 99-06-037, § 308-56A-335, filed 2/26/99, effective 3/29/99
Order MV 208, § 308-56A-335, filed 7/31/74.

Wash. Admin. Code § 308-56A-405 Acquired from United States government.

Do I need to title those vehicles? A licensed vehicle dealer who acquires vehicles from an agency of the United States government may title the vehicles under "title purpose only" procedures and need attach only the original or one certified copy of the bill of sale if each application is filed in the name of the dealer and all such applications are filed at the same time.

History

Statutory Authority: RCW 46.70.160. WSR 05-14-092, § 308-56A-405, filed 6/30/05, effective 7/31/05
Order MV 208, § 308-56A-405, filed 7/31/74.

Wash. Admin. Code § 308-56A-410 No application required.

When do I not need to apply for a certificate of ownership? A Washington vehicle dealer need not apply for certificate of ownership in his own name when:

(1) A vehicle is acquired that is titled and the title is properly released; or

(2) One vehicle dealer transfers a particular vehicle to another vehicle dealer, unless precluded by other regulations;

(3) The dealer has a properly executed affidavit of loss from the legal owner of record and release of interest from the registered and legal owners of record for a Washington titled vehicle.

(4) An abandoned vehicle/vessel is purchased by a Washington licensed dealer and intended for retail sale.

History

Statutory Authority: RCW 46.01.110 and 46.12.101. WSR 06-23-038, § 308-56A-410, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 46.70.160. WSR 05-14-092, § 308-56A-410, filed 6/30/05, effective 7/31/05
Order MV 208, § 308-56A-410, filed 7/31/74.

Wash. Admin. Code § 308-56A-415 Application in dealers name.

When do I need to apply for a certificate of ownership? Except as referenced in WAC 308-56A-410, a Washington dealer must apply for title in his/her own name by following all procedures set forth in these rules whenever the dealer does not have a valid certificate of ownership properly released.

History

Statutory Authority: RCW 46.70.160. WSR 05-14-092, § 308-56A-415, filed 6/30/05, effective 7/31/05
Order MV 208, § 308-56A-415, filed 7/31/74.

Wash. Admin. Code § 308-56A-420 Delivery of vehicle on dealer temporary license plate.

How does a Washington licensed vehicle dealer deliver a vehicle using a dealer temporary license plate?

(1) Washington licensed vehicle dealers may deliver a vehicle that is not currently registered, or that does not have valid Washington license plates, tabs, decals, or gross weight, or the current tabs will expire within 45 days of the date of delivery, by using a dealer temporary license plate.

(2) The application for title part of the dealer temporary license plate form must be properly and completely filled out by the selling or leasing dealer, including the dealer's report of sale and the date on which the vehicle is physically delivered to the purchaser or lessee. If license based on gross weight is required, the amount of gross weight purchased must be clearly shown. The application must be signed by the registered owner(s) or lessee.

(3) The Washington licensed vehicle dealer must collect all fees required for titling and registration of a vehicle.

(4) All temporary license plates must be printed through the e-permitting system. The date of expiration is 45 calendar days from the date the vehicle is physically delivered to the purchaser or lessee.

(5) A dealer may preprint and hold up to 10 temporary license plates purchased through the e-permitting system for off-line use, with the expiration date to be manually recorded in dark, bold letters and numbers upon use. The date of expiration for preprinted temporary license plates is 45-calendar days from the date the vehicle is physically delivered to the purchaser or lessee. A dealer may not have more than 10 preprinted temporary license plates at one time unless an exception is approved by the department. The e-permitting system will not allow a dealer to preprint additional temporary license plates, beyond the 10 allowed, until the previously issued temporary license plates are properly filed in the e-permitting system and all required information is recorded with the department.

(6) The application copies must be used by the Washington licensed dealer to apply for title and to complete licensing of the vehicle. Except as provided in RCW 46.70.180(8), when a second temporary license plate is authorized; the selling dealer must submit the application and all titling and licensing fees to the department of licensing or an authorized licensing agent within 45 calendar days from the date the vehicle is physically delivered to the purchaser or lessee. The date that the selling or leasing dealer physically delivers the vehicle to the purchaser or lessee will start the 45-day interval of an application for a certificate of title in the purchaser's or lessee's name. Additionally, the director may excuse late applications only in situations where applications are delayed, for reasons beyond the control of the dealer.

(7) The , temporary vehicle registration and a purchase order identifying the vehicle and the date that the vehicle was physically delivered to the purchaser or lessee must be carried in the vehicle or the towing vehicle at all times the vehicle is operated on the dealer temporary permit.

(8) The dealer temporary license plate must be displayed in a manner consistent with the requirements in RCW 46.16A.200 (5)(a) for a permanent license plate, in the same location or locations where permanent license plates are displayed for vehicles. The dealer temporary license plate must be secured so as to remain stable and readable during movement or in windy conditions.

(9) The dealer temporary license plate is valid for not more than 45 calendar days starting with the date that the vehicle is physically delivered to the purchaser or lessee.

(10) The dealer temporary license plate will not be issued:

(a) For a dealer inventoried vehicle that has not been sold or a dealer or dealer-employee operated vehicle;

(b) As a demonstration permit;

(d) For out-of-state residents unless Washington registration is intentionally being obtained.

(11) Fees for dealer temporary license plate application forms are not refundable unless the dealer ceases doing business as a vehicle dealer.

(12) Washington licensed dealers must maintain a record of each dealer temporary license plate acquisition and distribution including the following:

(a) Date and location of purchase of each temporary license plate and the plate number;

(b) Identification of vehicles delivered on temporary license plates;

(d) Customer's complete name.

History

Statutory Authority: RCW 46.01.110. WSR 23-15-119, § 308-56A-420, filed 7/19/23, effective 8/19/23
WSR 11-18-047, § 308-56A-420, filed 8/31/11, effective 10/1/11
WSR 09-16-017, § 308-56A-420, filed 7/24/09, effective 8/24/09. Statutory Authority: RCW 46.70.160. WSR 05-14-092, § 308-56A-420, filed 6/30/05, effective 7/31/05. Statutory Authority: RCW 46.70.160 and 46.70.110. WSR 99-02-049, § 308-56A-420, filed 1/5/99, effective 2/5/99. Statutory Authority: RCW 46.70.160 and 46.70.124. WSR 94-21-055, § 308-56A-420, filed 10/13/94, effective 11/13/94. Statutory Authority: RCW 46.01.110. WSR 93-14-084, § 308-56A-420, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.70.160. WSR 90-10-013, § 308-56A-420, filed 4/20/90, effective 5/21/90
Order MV 208, § 308-56A-420, filed 7/31/74.

Wash. Admin. Code § 308-56A-425 Obtaining dealer temporary license plates.

(1) What is a dealer temporary license plate? For the purposes of vehicles, a dealer temporary license plate is a combination title application and temporary registration used by Washington licensed vehicle dealers when delivering a vehicle that is not currently registered, or does not have valid Washington license plates, tabs, decals, or gross weight, or the current tabs will expire within 45 days of the date of delivery.

(2) How does a Washington licensed vehicle dealer obtain dealer temporary license plates? Washington licensed vehicle dealers may purchase dealer temporary license plates at any Washington vehicle licensing office for the fee required in RCW 46.17.400.

(3) What will Washington licensed vehicle dealers receive when purchasing dealer temporary license plates? Washington licensed vehicle dealers will receive access to printable temporary license plates through the department's e-permitting system.

(4) Will Washington licensed dealers be able to obtain unassigned temporary license plates for off-line use? A dealer may preprint and hold up to 10 unassigned temporary license plates purchased through the e-permitting system for off-line use, with the expiration date to be manually recorded in dark, bold letters and numbers upon use. A dealer may not have more than 10 unassigned temporary license plates at one time, unless an exception is approved by the department. The e-permitting system will not allow a dealer to preprint additional unassigned temporary license plates, beyond the 10 allowed, until the previously issued unassigned temporary license plates are properly filed in the e-permitting system and all required information is recorded with the department.

(5) What are the requirements for using unassigned temporary license plates? Washington licensed dealers who issue unassigned temporary license plates must enter the dealer temporary license plate information into the department's e-permitting system within 24 hours of issuance or hardware/software resolution, or within 24 hours of returning to the office if the hard copy was issued off-site. Failure to properly record the required information into the department's e-permitting system may result in a Washington licensed dealer being unable to preprint additional unassigned temporary license plates until the previously issued unassigned temporary license plates are accounted for.

(6) Will Washington licensed vehicle dealers be able to use previously purchased hard copy (paper/card stock) dealer temporary permits after July 1, 2023? Washington licensed dealers will no longer be able to purchase hard copy dealer temporary permits after July 1, 2023, but may issue any remaining stocks until July 15, 2023. After July 15, 2023, Washington licensed dealers must fully transition to using dealer temporary license plates printed through the department's e-permitting system. Dealer temporary permits issued by dealers will no longer be valid for unregistered vehicle use on public highways after September 1, 2023.

History

Statutory Authority: RCW 46.01.110. WSR 23-15-119, § 308-56A-425, filed 7/19/23, effective 8/19/23
WSR 11-18-047, § 308-56A-425, filed 8/31/11, effective 10/1/11.

Wash. Admin. Code § 308-56A-450 Glider kits.

(1) What is a glider kit? A glider kit consists of a new cab, chassis, front axle, fenders and air-hose equipment designed for assembly with an existing truck or truck-tractor's rear axle(s), and power train.

(2) How are glider kits described on a certificate of ownership? The following identifiers will be shown on the certificate of ownership:

(a) The model year of the vehicle as designated by the kit manufacturer or the Washington state patrol;

(b) The make of the vehicle will be the make of the kit;

(d) The identification number of the vehicle as determined by an authorized vehicle identification inspector.

(3) What documents must be submitted with an application for certification of ownership for glider kits? The application for certificate of ownership must be accompanied by the following documents:

(a) The previously issued certificate of ownership, bill(s) of sale or manufacturer's certificate/statement of origin (MCO/MSO);

(b) The previously issued gross weight license when applying for credit against the registration fee, if applicable;

(c) A certificate of inspection by an authorized inspector verifying the vehicle identification number and of component parts not included in the glider kit MCO/MSO;

(d) A certified weight slip showing the new scale weight of the vehicle;

(e) An MCO/MSO or bill of sale for the kit;

(f) A declaration of value form provided by the department.

History

Statutory Authority: RCW 46.01.110, 46.16.125, 46.16.225, 46.16.276, 46.16.060, 46.16.600, 43.17.060. WSR 04-08-002, § 308-56A-450, filed 3/24/04, effective 4/24/04. Statutory Authority: RCW 46.01.110. WSR 00-04-046, § 308-56A-450, filed 1/27/00, effective 2/27/00
WSR 92-15-024, § 308-56A-450, filed 7/6/92, effective 8/6/92
Order MV 208, § 308-56A-450, filed 7/31/74.

Wash. Admin. Code § 308-56A-455 Assembled and homemade vehicles.

(1) What constitutes an assembled vehicle? An assembled vehicle is a vehicle that has been constructed using a cab, body, or frame from two or more vehicles and has the same appearance as a vehicle that was manufactured under a specific year, make, and model by a manufacturer but the original vehicle identification number (VIN) no longer accurately describes the vehicle. Assembled vehicles do not include glider kits, custom vehicles, street rods, salvage, or kit vehicles.

(2) How is the model year determined for an assembled vehicle? The Washington state patrol will determine the model year of an assembled vehicle upon inspection of the vehicle.

(3) What constitutes a homemade vehicle? A homemade vehicle is one that has been constructed from any combination of new, used, or homemade parts that does not resemble a vehicle that was manufactured under a specific year, make, and model by a manufacturer. This includes:

(a) A vehicle that has been structurally modified so that it does not have the same appearance as a similar vehicle from the same manufacturer;

(b) A vehicle that has been constructed entirely from homemade parts and materials not obtained from other vehicles; or

(c) A vehicle that has been constructed by using major component parts from one or more manufactured vehicles and cannot be identified as a specific make and model.

All homemade vehicles of a type requiring registration must be certified by the owner to meet all applicable federal motor vehicle safety standards in effect at the time construction is completed.

(4) How is the model year determined for a homemade vehicle? The Washington state patrol will determine the model year of a homemade vehicle upon inspection of the vehicle.

(5) What documents must I submit with my application for a certificate of title for an assembled or homemade vehicle? You must submit the following documents with your application for certificate of title:

(a) The certificate of title or bills of sale for each vehicle or major component part used in the assembly or construction of the vehicle. The bills of sale must be notarized unless purchased from an auto dealer or business licensed to sell auto parts. The bill(s) of sale must include:

(i) The names and addresses of the seller and purchaser;

(ii) A description of the part being sold, including the make, model and identification or serial number;

(iii) The date of sale;

(iv) The purchase price of the part; and

(v) The stock number if from a Washington licensed wrecker;

(b) A Washington state patrol inspection or inspection from other personnel authorized by the director verifying the vehicle identification number, make, model, and year;

(d) A completed homemade/assembled vehicle use declaration form.

You may be required to apply for ownership in doubt as described in WAC 308-56A-210 if you do not have all the required documentation.

(6) What is required to remove, destroy, or conceal a vehicle identification number plate on a vehicle or major component part to be used on my assembled or homemade vehicle? The vehicle or major component part containing the VIN plate must be presented to the Washington state patrol with the VIN plate intact. The WSP will remove the VIN plate and mark the vehicle or major component part so it can be identified when the assembled or homemade vehicle is ready for inspection.

History

Statutory Authority: RCW 46.01.110 and 46.12.560. WSR 14-24-111, § 308-56A-455, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 46.01.110. WSR 04-08-080, § 308-56A-455, filed 4/6/04, effective 5/7/04
WSR 03-10-097, § 308-56A-455, filed 5/7/03, effective 6/7/03
WSR 00-04-046, § 308-56A-455, filed 1/27/00, effective 2/27/00
WSR 92-15-024, § 308-56A-455, filed 7/6/92, effective 8/6/92
Order MV 208, § 308-56A-455, filed 7/31/74.

Wash. Admin. Code § 308-56A-460 Destroyed or wrecked vehicle—Reporting—Rebuilt.

WAC 308-56A-460

(1) What are total loss, destroyed, salvage, and wrecked vehicles? For the purposes of this section:

(a) A total loss vehicle is one whose destruction has been reported to the department as described in RCW 46.12.600 by an insurer (insurance companies and self-insurers as described in RCW 46.29.630);

(b) A destroyed vehicle is one whose destruction has been reported to the department as described in RCW 46.12.600 by the vehicle's owner;

| Note: | When used in this section, the terms "destroyed" and "destroyed vehicle" include total loss, destroyed, and salvage vehicles. | | --- | --- |

(d) A wrecked vehicle as defined in RCW 46.80.010(6).

| Note: | A vehicle may be considered destroyed or wrecked when the evidence of ownership is a salvage certificate/title, insurance company bill of sale, or wrecker bill of sale from any jurisdiction, or when the evidence of ownership indicates the vehicle may be a destroyed vehicle not reported to the department. | | --- | --- |

(2) How are vehicles reported to the department as total loss, destroyed, salvage, or wrecked?

(a) Insurers may report total loss vehicles to the department:

(i) Electronically through the department's online reporting system. Insurers must destroy ownership documents for a vehicle reported this way; or

(ii) By submitting the certificate of title or affidavit in lieu of title indicating the vehicle is "DESTROYED"; or

(iii) By submitting a completed total loss claim settlement form.

| Note: | Reports of total loss vehicles must include the insurer's name, address, and the date of loss. | | --- | --- |

(b) Registered or legal owners report a vehicle as destroyed by submitting the certificate of title or affidavit in lieu of title indicating the vehicle is "DESTROYED," and must include the registered owner's name, address, and date of loss.

(d) For vehicles six through 20 years old a statement whether or not the vehicle meets the market value threshold amount as defined in RCW 46.12.600 is also required.

(3) What is the current market value threshold amount? The current market value threshold amount is $12,220.

(4) How is the market value threshold amount determined? Using the current market value threshold amount described in RCW 46.12.600 each year the department will add the increased value if the increase is equal to or greater than $50.

(5) What if the "market value threshold amount" is not provided as required? If the market value threshold amount is not provided when required, the department would treat the report of destruction as if the market value threshold as described in RCW 46.12.600 has been met. The certificate of title will be branded according to WAC 308-56A-530.

(6) What documentation is required to obtain a certificate of title after a vehicle is destroyed? After a vehicle has been reported destroyed or wrecked and is rebuilt, you must submit the following documentation to the department in order to obtain a new certificate of title:

(a) Application for certificate of title as described in RCW 46.12.530;

(b) Certificate of vehicle inspection as described in WAC 308-56A-150;

(i) Bills of sale from insurers must include a representative's signature and title of office;

(ii) Bills of sale from insurers and wreckers do not need to be notarized;

(iii) Bills of sale from owners shown on department records must be notarized or certified;

(iv) A bill of sale is not required when owners shown on department records retain a destroyed vehicle and apply for a new certificate of ownership;

(v) Releases of interest from lien holder(s) or proof of payment such as a canceled check bearing a notation that it has been paid by the bank on which it was drawn or a notarized statement on a receipt from the legal owner that the debt is satisfied are required when the vehicle is retained by the registered owner(s).

(d) Odometer disclosure statement, if applicable.

(7) What is required of a Washington licensed vehicle dealer prior to selling a destroyed or wrecked vehicle? Except as permitted by RCW 46.70.101 (1)(b)(viii), before a dealer may sell a destroyed or wrecked vehicle under their Washington vehicle dealer license, the dealer must:

(a) Rebuild the vehicle to standards set by the state of Washington or the federal government pertaining to the construction and safety of vehicles; and

(b) Obtain a vehicle inspection by the Washington state patrol; and

(8) Once a destroyed or wrecked vehicle is rebuilt, do the license plates remain with the vehicle? Whether or not the license plates remain with the vehicle depends on the circumstance:

(a) Standard issue license plates may remain with a destroyed vehicle unless they are severely damaged or the vehicle was issued a department temporary license plate described in WAC 308-56A-140;

(b) Replacement license plates are required for wrecked vehicles since Washington licensed wreckers are required by WAC 308-63-070 to remove them;

(d) Applicants may retain the current license plate number as provided for in RCW 46.16A.200, unless the vehicle was issued a department temporary license plate as described in WAC 308-56A-140.

(9) Will the certificate of ownership or registration certificate indicate "WA REBUILT"? Salvage or wrecked vehicles meeting the criteria described in WAC 308-56A-530 will be branded "WA REBUILT."

History

Statutory Authority: RCW 46.12.600. WSR 26-17-096, s 308-56A-460, filed 8/18/26, effective 8/20/26. Statutory Authority: RCW 46.01.110 and 46.12.600. WSR 23-16-052, § 308-56A-460, filed 7/26/23, effective 8/26/23. Statutory Authority: RCW 46.12.600, 46.01.110, and 46.16A.220. WSR 23-10-065, § 308-56A-460, filed 5/2/23, effective 6/2/23. Statutory Authority: RCW 46.12.600. WSR 22-10-102, § 308-56A-460, filed 5/4/22, effective 7/1/22
WSR 22-02-056, § 308-56A-460, filed 1/4/22, effective 2/4/22
WSR 20-19-113, § 308-56A-460, filed 9/21/20, effective 10/22/20
WSR 19-13-008, § 308-56A-460, filed 6/6/19, effective 7/7/19. Statutory Authority: RCW 46.01.110 and 46.12.600. WSR 12-20-032, § 308-56A-460, filed 9/27/12, effective 10/28/12
WSR 11-22-034, § 308-56A-460, filed 10/26/11, effective 11/26/11. Statutory Authority: RCW 46.01.110. WSR 10-19-045, § 308-56A-460, filed 9/13/10, effective 10/14/10. Statutory Authority: RCW 46.12.005 and 46.01.110. WSR 09-19-113, § 308-56A-460, filed 9/22/09, effective 10/23/09. Statutory Authority: RCW 46.01.110. WSR 04-08-080, § 308-56A-460, filed 4/6/04, effective 5/7/04
WSR 02-19-016, § 308-56A-460, filed 9/9/02, effective 10/10/02
WSR 01-20-010, § 308-56A-460, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 46.01.110 and 46.12.070. WSR 00-06-025, § 308-56A-460, filed 2/23/00, effective 3/25/00. Statutory Authority: RCW 46.01.110. WSR 92-15-024, § 308-56A-460, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.01.110 and 46.12.070. WSR 91-04-025, § 308-56A-460, filed 1/29/91, effective 3/1/91
Order MV 208, § 308-56A-460, filed 7/31/74.

Wash. Admin. Code § 308-56A-500 Definitions.

The following definitions apply to terms used in chapters 46.12 and 46.16A RCW and chapter 308-56A WAC:

(1) "Affidavit in lieu of title" is a written declaration confirming the certificate of title is unavailable, lost, stolen, destroyed or mutilated. The affidavit in lieu of title may be used to release interest in the vehicle. The signature of the owner completing the affidavit in lieu of title must be notarized or certified as described in WAC 308-56A-270.

(2) "Affixed" means attached.

(3) "Brands" means a permanent notation on the electric vehicle record which prints on the certificate of title and vehicle registration certificate that records a circumstance or condition involving a vehicle.

(4) "Brands incident date" is the date that a brand was first applied to a vehicle. For states/jurisdictions participating in the National Motor Vehicle Title Information System (NMVTIS), it's the date the brand was first reported. For all states or jurisdictions, it is established by using the date the current title was issued. Brands on Washington records prior to the effective date of this rule will reflect a brand incident date equal to the date the last Washington certificate of title was issued.

(5) "Certificate of title" (also referred to as "certificate of ownership" or "title") is a legal document indicating proof of ownership and will establish a fact or sustain a judgment unless contradictory evidence is produced. A certificate of title may be a document other than a title when a title document is not issued by a jurisdiction. For example, for Canadian vehicles, the certificate of title is the registration.

(6) "Comment" means an indication on the certificate of title, vehicle title or registration application, or vehicle registration certificate that relates to tax liability, type of ownership, title transaction type or previous or current condition of the vehicle.

(7) "Commercial parking company" means any business directly engaged in providing vehicle parking upon property owned or controlled by the business and approved for public parking of vehicles.

(8) "Current license plate registration" means the current registration or one that has been expired less than one year.

(9) "Department temporary license plate" is a permit issued temporarily in lieu of registration and license plates when required documentation is unavailable.

(10) "Electronic/electronically filing" is a method to transmit information to the department that may include, but is not limited to, the use of the internet or facsimile.

(11) "Involuntary divestiture" means a change in vehicle ownership without the registered owner's involvement.

(12) "Impossible" as used in RCW 46.16A.200, means that there was nothing made by the manufacturer (to include, but not limited to, a bracket or the bumper of the vehicle) for the originally manufactured vehicle which would allow the license plate to be affixed to the vehicle in the manner prescribed in RCW 46.16A.200.

(13) "Joint tenancy with rights of survivorship" (JTWROS) means two or more people who own a vehicle in joint tenancy with the right to own individually if one of them dies.

(14) "Jurisdiction code" means an abbreviation used by the department that indicates state, province, district, or country.

(15) "Lien holder" means a person or entity that has a legal right or interest in another's property until a debt or duty that it secures is satisfied.

(16) "Not eligible for road use" (NEFRU) means a vehicle that does not meet Federal Motor Vehicle Safety standards, other federal or state standards for public road use as adopted, applied, and enforced by the Washington state patrol described in RCW 46.37.005.

(17) "A declaration under penalty of perjury" means a statement signed by the applicant to the effect - "I declare under penalty of perjury under the laws of the state of Washington that the information I have provided on this form is true and correct." Anyone who knowingly makes a false statement may be guilty of a crime under state law.

(18) "Personal representative" means:

(a) An individual appointed by the court; or

(b) An individual named in the last will and testament and confirmed by the court to manage the estate of a deceased person.

Personal representative may also include executor, administrator, special administrator, and guardian or limited guardian and special representative as defined in RCW 11.02.005(1).

(19) "Registered owner" means the same as described in RCW 46.04.460.

(20) "Security interest holders" means in this instance, the same as "lien holder" as defined in subsection (15) of this section.

(21) "Standard brand" is a brand found on the brands list maintained by the National Motor Vehicle Title Information System (NMVTIS) program.

(22) "Transferee" means a person to whom a vehicle is transferred, by purchase, gift, or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee, when applicable.

(23) "Transferor" means a person who transfers ownership in a vehicle by sale, gift, or any means other than by creation of a security interest and any person who, as agent, signs an odometer disclosure statement for the transferor, when applicable.

(24) "Unique brand" means a brand issued by a state that is not participating in the National Motor Vehicle Title Information System (NMVTIS) program and does not appear on the brands list maintained by NMVTIS.

(25) "Report of sale" is a document as required by RCW 46.12.650 or electronic record transaction that protects the seller of a vehicle from certain criminal and civil liabilities arising from use of the vehicle by another person after the vehicle has been sold or a change of ownership has occurred.

(26) "Washington vehicle licensing office" means an office that is operated by the department or an agent or subagent appointed under RCW 46.01.140 for the purpose of carrying out the vehicle titling and registration provisions in Title 46 RCW.

History

Statutory Authority: RCW 46.12.600, 46.01.110, and 46.16A.220. WSR 23-10-065, § 308-56A-500, filed 5/2/23, effective 6/2/23. Statutory Authority: RCW 46.01.110. WSR 11-23-014, § 308-56A-500, filed 11/7/11, effective 12/8/11. Statutory Authority: RCW 46.12.005 and 46.01.110. WSR 09-19-113, § 308-56A-500, filed 9/22/09, effective 10/23/09. Statutory Authority: RCW 46.01.110 and 46.12.101. WSR 06-23-038, § 308-56A-500, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 46.16.010. WSR 05-23-135, § 308-56A-500, filed 11/22/05, effective 1/3/06. Statutory Authority: RCW 46.01.110. WSR 05-07-152, § 308-56A-500, filed 3/23/05, effective 5/15/05
WSR 04-08-081, § 308-56A-500, filed 4/6/04, effective 5/7/04
WSR 02-19-016, § 308-56A-500, filed 9/9/02, effective 10/10/02. Statutory Authority: RCW 65.20.110. WSR 00-13-083, § 308-56A-500, filed 6/20/00, effective 7/21/00
WSR 00-06-004, § 308-56A-500, filed 2/18/00, effective 3/20/00
WSR 90-11-091, § 308-56A-500, filed 5/18/90, effective 6/18/90.

Wash. Admin. Code § 308-56A-505 Elimination of manufactured home certificate of ownership (title)—Eligibility.

(1) May I eliminate the certificate of ownership (title) on my manufactured home? You may eliminate the certificate of ownership (title) on your manufactured home provided you own or are purchasing the manufactured home and the land to which it is affixed as defined in RCW 65.20.020 and 65.20.030.

(2) How do I apply to eliminate the certificate of ownership on my manufactured home? You must complete, record and submit a manufactured home application. The application to eliminate the certificate of ownership issued under chapter 46.12 RCW, and record ownership as real property under chapter 65.20 RCW or to transfer ownership in real property to a title under chapter 46.12 RCW, must be signed by all persons having an interest in the land and the manufactured home as defined in RCW 65.20.020.

(3) What conditions must be met before the certificate of ownership can be eliminated? The following conditions must be met before the certificate of ownership will be eliminated:

(a) The manufactured home must be affixed or be in the process of being affixed to the land.

(b) The building permit office certification box on the elimination application must be completed by the issuing authority stating that the home was affixed or that a building permit has been issued for this purpose as described in RCW 65.20.040(3).

(c) If a title company is involved in the elimination transaction, they must certify that the legal description of the land is true and correct per real property records.

(d) The completed application must be recorded with the county auditor's office in the county where the manufactured home and land are located.

(e) After recording, the original or a certified copy of the elimination application and any other documents required by the department must be submitted to a vehicle licensing office to complete the elimination process with the appropriate fees. A confirmation letter is sent from the department confirming the elimination of the certificate of ownership.

(f) Failure to finalize the elimination process with a vehicle licensing office will render the elimination incomplete until such time the original or certified copy of the recorded application and any other documents required by the department are submitted to a vehicle licensing office with the appropriate fees.

(4) How do I complete the elimination of my manufactured home certificate of ownership with the department? After recording the original or a certified copy of the elimination application and any other documents required, it must be submitted to the department for processing with payment of the applicable fees. After the application has been processed, you will receive a confirmation letter from the department that your manufactured home certificate of ownership has been eliminated.

(5) What are the fees for elimination of a manufactured home title? The fees for elimination of a manufactured home title are as follows:

(a) Fees as provided in RCW 46.01.140 for each application.

(b) Fees as provided in RCW 46.12.040 for each application.

(d) A fee of twenty-five dollars for each application to cover the cost of processing documents and performing services as described in RCW 65.20.090.

History

Statutory Authority: RCW 65.20.090. WSR 05-01-209, § 308-56A-505, filed 12/21/04, effective 1/21/05. Statutory Authority: RCW 46.01.110. WSR 04-08-081, § 308-56A-505, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 65.20.110. WSR 01-11-069, § 308-56A-505, filed 5/14/01, effective 6/14/01
WSR 00-06-004, § 308-56A-505, filed 2/18/00, effective 3/20/00
WSR 90-11-091, § 308-56A-505, filed 5/18/90, effective 6/18/90.

Wash. Admin. Code § 308-56A-525 Vehicle seller's report of sale.

(1) Who must file a vehicle seller's report of sale? With the exception of certain vehicle transfers by registered Washington vehicle dealers, and vehicles disposed of by licensed vehicle wreckers, Washington law (RCW 46.12.101) requires filing a vehicle seller's report of sale by any person or business that transfers their interest in a Washington titled vehicle to anyone else. For the purposes of this rule, transferring interest includes, but is not limited to, selling, gifting, trading, or disposing of your vehicle, but does not include the creation, deletion, or change of a security interest. A licensed Washington vehicle dealer may file a report of sale on behalf of the legal and/or registered owner who trades in, sells, or otherwise transfers ownership to the dealership.

(2) When must a completed vehicle seller's report of sale be filed? Vehicle seller's report of sale must be received by the department within five days of the date of sale, gift, trade, or other disposition of the vehicle, excluding Saturdays, Sundays, and state and federal holidays.

(3) Who is the seller? The seller is the current registered owner of record according to the computer file kept by the department. The seller is a person (individual or business) who transfers their right of ownership of a vehicle to another person or business.

(4) Who is the purchaser? The purchaser is a person (individual or business) who takes a vehicle into their possession, by voluntary acquisition.

(5) Why complete and file a vehicle seller's report of sale? It is in the seller's best interest to file the properly completed vehicle seller's report of sale to protect the seller in the event the buyer does not make application for ownership and then accumulates parking tickets, or towing charges, is involved in an uninsured accident or used in illegal activity, etc.

Vehicle seller's report of sale received by the department of licensing that are incomplete will be filed with the department; however, those that do not meet the requirements of the law may not protect the seller from any civil or legal action if the vehicle is subsequently abandoned or involved in illegal activity.

(6) How do I file my vehicle seller's report of sale? You may file your seller's report of sale through:

(a) Your local vehicle/vessel licensing office; or

(b) The department by mail; or

(7) What information is required on the vehicle report of sale? You are required to provide information contained in RCW 46.12.101 that includes:

(a) The date of sale or transfer;

(b) Name(s) and address of seller;

(d) Description of vehicle; and

(e) Purchase price.

When you mail a vehicle seller's report of sale to the department, you will not receive a confirmation or receipt. You may wish to make a photocopy of the report of sale for your records prior to sending it to the department.

(8) Is there a fee for recording a vehicle seller's report of sale? Yes. It applies when a report of sale is filed through your local vehicle licensing office as authorized by RCW 46.01.140 (5)(b).

(9) May a vehicle seller's report of sale be removed from my vehicle record? Yes. As a registered owner, you may have a vehicle seller's report of sale removed from your vehicle record through your local vehicle licensing office, or by notifying the department in writing. You will need to provide the reason you are removing the vehicle seller's report of sale from your vehicle record.

(10) How will I show that I filed a completed vehicle seller's report of sale? When you file a vehicle seller's report of sale at any Washington vehicle licensing office, you will be provided with a receipt.

When you file a vehicle report of sale on the internet, you will have the option of printing your receipt. Both receipts will show the following information:

(a) Date the report of sale was filed;

(b) Description of vehicle;

(d) Date of sale;

(e) Purchase price if provided;

(f) Name(s) and address of seller;

(g) Name(s) and address of transferee (buyer if provided).

Washington law makes it clear that it is a felony to knowingly make a false statement of fact. The penalty, upon conviction, must be a fine of not more than $5,000 or imprisonment of not more than 10 years, or both the fine and imprisonment. (RCW 46.12.210.)

History

Statutory Authority: RCW 46.01.110 and 46.12.650. WSR 24-03-005, § 308-56A-525, filed 1/3/24, effective 2/3/24. Statutory Authority: RCW 46.01.110 and 46.12.101. WSR 06-23-038, § 308-56A-525, filed 11/7/06, effective 12/8/06
WSR 02-24-014, § 308-56A-525, filed 11/25/02, effective 12/26/02.

Wash. Admin. Code § 308-56A-530 Vehicles brands and comments.

(1) What is a brand? For the purposes of this section a brand is a notation on the certificate of ownership or vehicle registration certificate that records a special circumstance or condition involving a vehicle.

(2) What brands are assigned to vehicles by the department? Brands used by the department include, but are not limited to:

(a) Former exempt, as defined in RCW 46.16A.170;

(b) Former for hire, as defined in RCW 46.72.010;

(d) Rebuilt as required in RCW 46.12.540, when a vehicle reported destroyed under RCW 46.12.600 or 46.80.090 and WAC 308-56A-460 meets the definition of salvage vehicle in RCW 46.04.514;

(e) Street rod as formerly defined in repealed section RCW 46.04.571;

(f) Nonconformity uncorrected or safety defect uncorrected as defined in RCW 19.118.021 (14) and (19);

(g) Nonconformity corrected or safety defect corrected as defined in RCW 19.118.021 (14) and (19);

(h) Returned to manufacturer;

(i) Odometer - Not actual;

(j) Odometer - Exceeds mechanical limits;

(k) Repaired - Wrecker/insurance bill of sale;

(l) Contaminated - Vehicles described in chapter 64.44 RCW;

(m) Decontaminated - Vehicles described in chapter 64.44 RCW.

(3) What brands are carried forward from the other states/jurisdictions by the department?

(a) Brands for states/jurisdictions participating in the National Motor Vehicle Title Information System (NMVTIS) program (known as "Standard Brands,") are maintained in the brands list by NMVTIS and include, but are not limited to:

(i) Rebuilt;

(ii) Junk;

(iii) Destroyed;

(iv) Salvage - Damaged;

(v) Salvage - Retention;

(vi) Salvage - Stolen;

(vii) Salvage - Other;

(viii) Flood damage;

(ix) Hail damage;

(x) Saltwater damage;

(xi) Totaled.

(b) Brands from states/jurisdictions not participating in NMVTIS that do not appear on the brands list maintained by NMVTIS (known as "unique brands") will be carried forward on Washington certificates of ownership and registration certificates exactly (or abbreviated if too long) as they appear on the foreign title.

More than one brand may appear on the vehicle registration or certificate of ownership.

(4) Will a brand be applied to destroyed vehicles that have been sold on an out-of-state wrecker or insurance bill of sale, then repaired, and inspected? Yes. Vehicles not reported to DOL as destroyed and then sold using an insurance or wrecker bill of sale in lieu of a certificate of ownership/title, then brought into Washington from another jurisdiction that is not subject to reporting under RCW 46.12.600 repaired, and inspected will be branded. The brand will appear as "repaired-wrecker/insurance bill of sale."

The jurisdiction code will be identified as "WA."

(5) Why is a brand used? A brand is used in the circumstances above for consumer protection. The brand is used to inform any subsequent owners of the current or former condition or use of the vehicle.

(6) Will the department remove a brand? Brands stay on vehicle records indefinitely. The department will only remove a brand if the brand was applied to a Washington certificate of ownership in error; or

(a) If a former rental brand was applied prior to the effective date of this rule, it will remain on the certificate of ownership and/or vehicle registration unless applied in error.

(b) If a nonstandard brand was applied prior to the effective date of this rule, it will remain on the certificate of ownership and/or vehicle registration unless applied in error.

(7) Where are brands located on the documents? Brands are located in the brands section of the certificate of ownership and vehicle registration. Brands will display beginning with Washington issued brands, followed by unique brands, then standard brands. If applicable, "wa rebuilt" will show as a banner across the certificate of ownership.

(8) What is a comment? For the purposes of this section a comment is an indication on the certificate of ownership, vehicle title/registration application or vehicle registration certificate that relates to tax liability, type of ownership, title transaction type.

(9) What comments could the department print on certificates of ownership?

(a) Comments relating to the ownership that include: Bonded, leased, JTWROS.

(b) Comments relating to tax liability that include: Use tax waived - Gift, value code, value year.

(d) Miscellaneous comments that include: Not eligible for road use.

(10) What comments could the department print on vehicle registration certificates? Comments printed on vehicle registration certificates may include, but are not limited to:

(a) "cvsef paid" or "commercial vehicle safety enforcement fee paid";

(b) "Because scale weight exceeds gross weight, D.O.T. permit also required";

(d) "Display tab on back license plate" only - front plate is still required;

(e) "*Check vehicle database record for actual expiration date";

(f) "Replica";

(g) "Proof of FHVUT verified";

(h) "No title issued" or "no title issued - ownership in doubt";

(i) "Excise exempt NRM";

(j) "Excise exempt Native American";

(k) "Excise exempt van pool";

(l) "Excise exempt rideshare";

(m) "Registration only";

(n) "Prorated gross weight to be more than 16,000";

(o) "Additional owners on record";

(p) "Not eligible for road use";

(q) "Perm plt";

(r) "Use tax waived: Gift";

(s) "Permanent fleet vehicle";

(t) "*Perm";

(u) "Color";

(v) Comments relating to the ownership; bonded, leased, JTWROS, registration only;

(w) Tax liability DAV, Native American, NRM, value code/year, use tax option, rideshare, POW, tax code 95, double transfer;

(x) Title transaction type duplicate, reprint, NTI, dual registration, corrected title data, corrected registration;

(y) Miscellaneous gift, ride, previous plate VIN flag, farm vehicle restrictions, Federal Drug Program (Title 49 C.F.R. Part 382) vehicle color, odometer code, return to mfg, not eligible for road use (NEFRU), custom vehicle and street rod.

(11) What comments would the department carry forward from other jurisdictions? The department does not carry forward comments assigned by other jurisdictions.

(12) Why are comments used? Comments are used for consumer protection, to inform any subsequent owners and vehicle licensing personnel of the current tax liability, type of ownership, or title transaction type or other pertinent information.

(13) Will the department remove a comment? The department will remove a comment if:

(a) The comment was applied in error; or

(b) The comment no longer applies.

History

Statutory Authority: RCW 46.01.110. WSR 13-05-007, § 308-56A-530, filed 2/7/13, effective 3/10/13. Statutory Authority: RCW 46.01.110 and 88.02.070. WSR 08-20-034, § 308-56A-530, filed 9/23/08, effective 10/24/08. Statutory Authority: RCW 46.01.110. WSR 05-07-152, § 308-56A-530, filed 3/23/05, effective 5/15/05
WSR 02-19-016, § 308-56A-530, filed 9/9/02, effective 10/10/02.

Wash. Admin. Code § 308-56A-640 Odometer disclosure statement.

(1) When is an odometer disclosure statement required? An odometer disclosure statement is required on all transfers of ownership as required by RCW 46.12.124 and Title 49 of the Code of Federal Regulations (C.F.R.), unless specifically exempted.

(2) What odometer disclosure statement forms will the department accept? The department will accept odometer disclosure statement forms that comply with the Federal Truth in Mileage Act of 1986, Title 49 C.F.R., and RCW 46.12.124.

| Note: | An odometer power of attorney used in compliance with Part 580, Title 49 of the Code of Federal Regulations (C.F.R.) is acceptable, and will not violate the intention of this rule. | | --- | --- |

(3) When is an odometer disclosure/title extension statement used? An odometer disclosure/title extension statement is a form used:

(a) With a certificate of ownership when an odometer disclosure statement is required; and

(b) If all reassignments on the certificate of ownership are full; or

(4) What are the odometer disclosure requirements for dealer transactions? Dealers are required to obtain an odometer disclosure statement from the selling owner (transferor), and acknowledge the disclosure as transferee, when taking a vehicle in on trade, purchase, or otherwise acquiring a vehicle. Dealers must complete an odometer disclosure statement as transferor when selling a vehicle either wholesale or retail.

(5) What are the odometer disclosure requirements for vehicles sold through an auction company? The seller/consignor completes an odometer disclosure statement as transferor and the successful bidder/buyer acknowledges the disclosure as transferee.

(6) How long must dealers and auction companies maintain odometer disclosure statement records? Dealers and auction companies must keep odometer disclosure statement records for five years.

(7) What are the odometer disclosure requirements for leased vehicles? Odometer disclosure is required when establishing, terminating, or buying out a lease.

(a) When establishing a lease, the lessor must complete an odometer disclosure statement as transferor, and the lessee must acknowledge the disclosure as transferee.

(b) When terminating or buying out a lease, the lessee must complete an odometer disclosure statement as transferor, and the lessor must acknowledge the disclosure as transferee. Prior to the termination of the lease or any transfer of ownership, the lessor must notify the lessee in writing that the lessee must provide an odometer disclosure statement to the lessor.

(c) Only the former lessee needs to submit a completed odometer disclosure statement with an application for certificate of ownership following a lease buyout. The former lessee must complete the odometer disclosure statement as transferee. No transferor signature is required.

(8) May a power of attorney be used to complete an odometer disclosure statement? Yes, with the following restrictions:

(a) The transferor cannot authorize or give power of attorney to the transferee or dealer to complete the odometer disclosure statement.

(b) The transferee cannot authorize or give power of attorney to the transferor or dealer to complete the odometer disclosure statement.

(9) Is an odometer disclosure statement required when involuntary divestiture occurs? Yes. The seller, although not the owner of record, must complete an odometer disclosure statement as transferor, and the buyer must acknowledge the disclosure as transferee. The department may approve disclosure by the transferee only in extenuating circumstances.

History

Statutory Authority: RCW 46.01.110 and 46.12.020. WSR 04-03-016, § 308-56A-640, filed 1/12/04, effective 2/12/04. Statutory Authority: RCW 46.01.110 and 46.12.030. WSR 00-06-020, § 308-56A-640, filed 2/23/00, effective 3/25/00. Statutory Authority: RCW 46.01.110 and 46.12.124. WSR 97-14-034, § 308-56A-640, filed 6/25/97, effective 7/26/97. Statutory Authority: RCW 46.12.030 and 46.01.110. WSR 89-16-074 (Order TL/RG 49), § 308-56A-640, filed 7/31/89, effective 8/31/89.

Chapter 308-57 Motor vehicle excise tax.

Wash. Admin. Code § 308-57-005 Definitions.

The following definitions apply to the terminology used in this chapter:

(1) "RTA excise tax schedule" means the value depreciation table described in RCW 82.44.041(1) for use in the Central Puget Sound Regional Transit Authority area.

(2) "Fleet" means any person with five or more vehicles registered in the same name.

(3) "Light duty truck" means a truck which is smaller than a truck type power unit. The empty scale weight is six thousand pounds or less. It includes vehicles such as pickup trucks, vans, and utility vehicles.

(4) "MSRP" means the base manufacturer's suggested retail price as defined in RCW 82.44.041(3) and 82.50.425.

(5) "Purchase price" means the selling price of the vehicle before deducting for trade-in value or adding sales/use tax.

(6) "Registered within a county" means the county which the vehicle registered owner indicates as their resident address.

(7) "Tax code" means a two-digit alpha, numeric, or alpha-numeric representation of a value assigned by the department of revenue to passenger vehicles, light duty trucks, and motor homes prior to vehicle model year 1986. This value represents the value of the vehicle when first offered for sale. In 1986 and thereafter, the MSRP is used to represent the value of the vehicle.

(8) "Truck type power unit" means trucks as defined in RCW 82.44.010(3). This includes vehicles with FIX (fixed load), or TOW (tow truck) use classes, regardless of scale weight; CMB (combination), COM (commercial), FAR (farm), FCB (farm combination), F/H (for hire), LOG (logging trucks), STA (stage), and TRK (trucks whose empty scale weights exceed six thousand pounds and whose declared gross weight does not exceed twelve thousand pounds) use class.

(9) "Truck type trailing unit" means trailers as defined in RCW 82.44.010(3). This includes trailers with CMB (combination), LOG (logging), and COM (commercial) use classes.

(10) "Value code" means the value which is used to calculate the excise tax. In determining the value code, it may be a tax code, purchase price, assessor's appraisal, or MSRP.

(11) "Regional Transit Authority" or "(RTA)" means the Central Puget Sound Regional Transit Authority or Sound Transit.

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-57-005, filed 6/6/01, effective 7/7/01
WSR 97-12-015, § 308-57-005, filed 5/28/97, effective 6/28/97. Statutory Authority: RCW 46.01.110 and 43.17.060. WSR 91-04-026, § 308-57-005, filed 1/29/91, effective 3/1/91.

Wash. Admin. Code § 308-57-010 Premise for assessing RTA excise tax.

All trailers and all vehicles where MSRP is not available are taxed according to the most recent purchase price and purchase year and the depreciation rates in the RTA excise tax fee schedule. All other vehicles as noted on the first MSRP, the year of service or value year are taxed using the value of the vehicle and the RTA excise tax fee schedule. Current physical condition, mileage, or monetary value of a particular vehicle is not used to determine excise tax.

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-57-010, filed 6/6/01, effective 7/7/01
WSR 97-12-015, § 308-57-010, filed 5/28/97, effective 6/28/97. Statutory Authority: RCW 46.01.110 and 43.17.060. WSR 91-04-026, § 308-57-010, filed 1/29/91, effective 3/1/91.

Wash. Admin. Code § 308-57-020 Modified vehicles.

All new or unused vehicles modified by a licensed manufacturer, shall be taxed according to the MSRP provided by the modifying manufacturer plus the cost involved in converting the vehicle. Modified vehicles include, but are not limited to, vans, pickups, utility vehicles and limousines, incomplete vehicles and kits. If the vehicle is modified by someone other than a licensed manufacturer, the original MSRP issued for the vehicle prior to the modifications plus the costs of the modifications shall be used.

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-57-020, filed 6/6/01, effective 7/7/01
WSR 97-12-015, § 308-57-020, filed 5/28/97, effective 6/28/97. Statutory Authority: RCW 46.01.110 and 43.17.060. WSR 91-04-026, § 308-57-020, filed 1/29/91, effective 3/1/91.

Wash. Admin. Code § 308-57-030 Declaration of value.

If there is no value code for a model year 1985 or older model vehicle and there is no MSRP information available for a model year 1986 or newer model vehicle, the owner may be required to provide a certified declaration of original value and supporting documentation to be used as the basis for assessing the RTA excise tax.

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-57-030, filed 6/6/01, effective 7/7/01
WSR 97-12-015, § 308-57-030, filed 5/28/97, effective 6/28/97. Statutory Authority: RCW 46.01.110 and 43.17.060. WSR 91-04-026, § 308-57-030, filed 1/29/91, effective 3/1/91.

Wash. Admin. Code § 308-57-110 RTA excise tax fee schedule.

Vehicles with the following use classes are assessed RTA excise tax as defined in RCW 81.104.160:

CAB (taxicab)

COM (commercial) (if powered and the scale weight is six thousand pounds or less)

CYC (motorcycle)

F/H (for hire) (if six or fewer seats or if more than six seats and the scale weight is six thousand pounds or less)

LOG (if powered and under six thousand pounds scale weight or if nonpowered)

MH (motor home)

PAS (passenger)

PER (nonpowered personal use trailer)

STA (stage) (if six or fewer seats or if more than six seats and the scale weight is six thousand pounds or less)

TLR (nonpowered trailer)

TRK (if the scale weight is six thousand pounds or less)

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-57-110, filed 6/6/01, effective 7/7/01
WSR 97-12-015, § 308-57-110, filed 5/28/97, effective 6/28/97. Statutory Authority: RCW 46.01.110 and 43.17.060. WSR 91-04-026, § 308-57-110, filed 1/29/91, effective 3/1/91.

Wash. Admin. Code § 308-57-140 RTA excise tax exemptions.

The following vehicles are exempt from RTA excise taxes imposed in chapter 81.104 RCW:

(1) Vehicles with tax code 95 (vehicles taxed as personal property, such as mobile homes);

(2) Vehicles with the following use classes:

C/G (converter gear),

CMB (combination),

CMP (campers),

COM (commercial if powered over 6,000 pounds scale weight or commercial nonpowered),

EX (exempt),

FAR (farm),

FCB (farm combination),

FED (federally owned),

FEX (farm exempt),

F/H (for hire if over 6,000 pounds scale weight and more than six seats),

FIX (fixed load),

H/C (horseless carriage),

H/D (house moving dolly),

LOG (if powered and over 6,000 pounds scale weight),

MOB (mobile home),

PED (moped),

ORV (off road vehicle),

RES (restored),

SCH (private school),

SNO (snowmobile), or

SNX (exempt snowmobile),

STA (stage if over 6,000 pounds scale weight and more than six seats),

TOW (tow trucks),

TRK (if over 6,000 pounds scale weight and 12,000 pounds or less gross weight),

TVL (travel trailer);

(3) Vehicles registered under WAC 308-96A-050, (nonresident members of the armed forces);

(4) Vehicles registered under WAC 308-96A-400, (Indian tribes and tribal members);

(5) Vehicles registered under WAC 308-96A-046, (disabled American veterans or former prisoner of war);

(6) Vehicles registered under WAC 308-96A-180, (rental cars);

(7) Passenger motor vehicles registered under WAC 308-96A-175 and 308-96A-176, ride-sharing and transportation needs ride-sharing vehicles;

(8) Vehicles registered under WAC 308-96A-063, Foreign organization special license plate;

(9) Vehicles registered under RCW 46.16.305, Medal of Honor recipients.

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-57-140, filed 6/6/01, effective 7/7/01
WSR 97-12-015, § 308-57-140, filed 5/28/97, effective 6/28/97. Statutory Authority: RCW 46.01.110 and 43.17.060. WSR 91-04-026, § 308-57-140, filed 1/29/91, effective 3/1/91.

Wash. Admin. Code § 308-57-210 RTA excise tax in even dollars.

RTA excise taxes are rounded to the nearest whole dollar.

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-57-210, filed 6/6/01, effective 7/7/01
WSR 97-12-015, § 308-57-210, filed 5/28/97, effective 6/28/97. Statutory Authority: RCW 46.01.110 and 43.17.060. WSR 91-04-026, § 308-57-210, filed 1/29/91, effective 3/1/91.

Wash. Admin. Code § 308-57-230 Fleet abatement.

A fleet vehicle, which is required to have a December registration expiration date, will be charged RTA excise tax based on the current depreciation rate for the number of months required to license through December 31 of the current year. If the number of months to December 31 is fewer than four, an additional twelve months RTA excise tax will be charged at the current depreciation rate.

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-57-230, filed 6/6/01, effective 7/7/01
WSR 97-12-015, § 308-57-230, filed 5/28/97, effective 6/28/97
WSR 92-15-024, § 308-57-230, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.01.110 and 43.17.060. WSR 91-04-026, § 308-57-230, filed 1/29/91, effective 3/1/91.

Wash. Admin. Code § 308-57-240 Nonfleet abatement.

With department approval, the owner of a nonfleet vehicle may change the vehicle's registration expiration date. The owner will be assessed RTA excise tax based on the current depreciation rate for the number of months from the current expiration to the requested expiration date. The new expiration date must be greater than twelve months but not more than eighteen months from the current registration expiration date. New expiration dates may only be granted when validation tabs for the desired month and year are available.

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-57-240, filed 6/6/01, effective 7/7/01
WSR 97-12-015, § 308-57-240, filed 5/28/97, effective 6/28/97. Statutory Authority: RCW 46.01.110 and 43.17.060. WSR 91-04-026, § 308-57-240, filed 1/29/91, effective 3/1/91.

Chapter 308-59 Transportation benefit district administration.

Wash. Admin. Code § 308-59-505 Assessing transportation benefit district fees.

All owners of qualified vehicles may be charged a transportation benefit district vehicle fee in accordance with RCW 82.80.140 with reference to vehicles registered under RCW 46.16.0621 and 46.16.070.

History

Statutory Authority: RCW 46.01.110. WSR 09-24-039, § 308-59-505, filed 11/24/09, effective 12/25/09.

Wash. Admin. Code § 308-59-510 Vehicle fee—Transportation benefit district—Exemptions.

The following vehicles are exempt from transportation benefit district vehicle fees imposed under chapter 82.80 RCW:

(1) Vehicles with tax code 95 (vehicles taxed as personal property, such as mobile homes);

(2) Vehicles with the following use classes:

(a) C/G (converter gear);

(b) CMB (combination nonpowered);

(d) COM (commercial nonpowered);

(e) EX (exempt);

(f) FAR (farm);

(g) FCB (farm combination);

(h) FED (federally owned);

(i) FEX (farm exempt);

(j) H/C (horseless carriage);

(k) H/D (house moving dolly);

(l) LOG (if nonpowered and used exclusively for hauling logs under RCW 46.16.085);

(m) MOB (mobile home);

(n) PED (moped);

(o) ORV (off road vehicle);

(p) RES (restored and collector vehicles);

(q) SCH (private school);

(r) SNO (snowmobile);

(s) SNX (exempt snowmobile);

(t) TLR (personal use single axle and less than two thousand pounds scale weight); or

(u) TOW (tow trucks);

(3) Vehicles registered under WAC 308-96A-050, (nonresident members of the armed forces);

(4) Vehicles registered under WAC 308-96A-400, (Indian tribes and tribal members);

(5) Vehicles registered under WAC 308-96A-046, (disabled American veterans or former prisoner of war);

(6) Vehicles registered under WAC 308-96A-180, (rental cars);

(7) Passenger motor vehicles registered under WAC 308-96A-175 and 308-96A-176, (ride-sharing and transportation needs ride-sharing vehicles);

(8) Vehicles registered under WAC 308-96A-062, (Transfer or destruction of honorary consul special license plates); and

(9) Vehicles registered under RCW 46.16.305, (Medal of Honor recipients).

History

Statutory Authority: RCW 46.01.110. WSR 09-24-039, § 308-59-510, filed 11/24/09, effective 12/25/09.

Chapter 308-61 Unauthorized and abandoned vehicles.

Wash. Admin. Code § 308-61-026 Definitions—Registered tow truck operator.

(1) "Affidavit of sale" - that document prescribed by the department and given to the successful bidder by the operator. The affidavit must state that the sale was conducted properly pursuant to chapter 46.55 RCW and must be notarized. The affidavit may be submitted to the department with an application for certificate of title or may be used as a title document by a licensed auto wrecker, hulk hauler or scrap processor.

(2) "Secure area" - a place of safety for vehicle storage and in an area completely enclosed by a fence of sufficient height and construction to prevent access by the general public, with a gate which can be locked. The fence must be at least six feet high with at least two strands of barbed wire along the top, for a total combined height of eight feet or more. Concertina wire may be substituted for the two strands of barbed wire. The fencing requirement may be waived by the department where, due to the topography or zoning, a fence would be impracticable and the storage area is secure without a fence. Storage within an enclosed building will be considered secure and does not require a waiver. When a licensee has operator registrations under more than one name and owns or leases a common secure area, the areas for each operator registration must be segregated by a six-foot fence which will not require barbed wire. When two or more operators with different ownership share a secured area, those respective areas must be segregated by an eight-foot fence as described above.

Wherever practicable secure storage areas will be located on improved property which is graded and illuminated at night for the safe keeping of stored vehicles.

(3) "Abandoned vehicle report" - is that document, prescribed by the department, by which the operator is to report to the department their possession of an abandoned vehicle.

(4) "Notice of custody and sale" - is that document, prescribed by the department, and sent by the operator to the registered owner, legal owner (lien holder), lessor and lessee giving notice of the amount of the operator's lien for services, place and time of public auction if the vehicle is not redeemed, and of the operator's right to seek a deficiency against the last registered owner.

(5) "Registered tow truck operator's business location" - is a location at which records and files necessary to conduct the business are kept, and where the operator can normally be contacted by the public.

History

Statutory Authority: RCW 46.55.190. WSR 02-20-035, § 308-61-026, filed 9/24/02, effective 10/25/02
WSR 00-01-058, § 308-61-026, filed 12/10/99, effective 1/10/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-61-026, filed 4/6/93, effective 5/7/93
WSR 88-06-025 (Order DLR 164), § 308-61-026, filed 2/25/88. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-026, filed 1/6/86.

Wash. Admin. Code § 308-61-105 Application.

What information must be included in an application for registration of a tow truck operator? The application for registration of a tow truck operator must include:

(1) A statement as to whether the applicant has previously been registered as such, and if so, the previous registration number and business name.

(2) A current listing of the towing and storage rates of the operator on a form prescribed by the department.

(3) A certification from the zoning authority of jurisdiction that the licensee is in compliance with any land use ordinances.

History

Statutory Authority: RCW 46.55.190. WSR 02-20-035, § 308-61-105, filed 9/24/02, effective 10/25/02
WSR 00-01-058, § 308-61-105, filed 12/10/99, effective 1/10/00. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-105, filed 1/6/86.

Wash. Admin. Code § 308-61-108 Miscellaneous licensing provisions.

(1) Staggered licensing - the annual registration issued to tow truck operators shall expire on the date indicated by the director.

(2) Additional secure areas for vehicle storage - additional storage locations may be operated under one registration. No additional bond or insurance will be required for such premises so long as each is covered by the bond and insurance.

(3) If an operator has more than one registered business location, storage areas for each business location must be listed with the department under its registration.

(4) The department must be notified immediately, on a form provided by the department, of any change of name and/or address of any business location or of the addition of any location.

(5) Any change of partners or of corporate officers or members of limited liability companies must be immediately reported to the department in writing. A complete change in ownership requires a new registration except in the case of a corporation or a limited liability company.

(6) An insurer must notify the department at least 10 days prior to cancellation of a policy. Following receipt of such notification the department must notify the registered tow truck operator by ordinary mail of the effective date of the insurance cancellation and that cancellation of the required insurance cancels the operator's registration pursuant to RCW 46.55.030 (3)(b). This notice to the operator shall not affect the cancellation of the registration.

(7) For purposes of RCW 46.55.220, it shall not be necessary to hold a hearing to refuse a registration unless such a hearing is requested.

History

Statutory Authority: RCW 46.55.190. WSR 02-20-035, § 308-61-108, filed 9/24/02, effective 10/25/02
WSR 00-01-058, § 308-61-108, filed 12/10/99, effective 1/10/00
WSR 90-01-060, § 308-61-108, filed 12/18/89, effective 1/18/90. Statutory Authority: RCW 46.55.190, 46.80.140 and 46.79.080. WSR 88-06-025 (Order DLR 164), § 308-61-108, filed 2/25/88. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-108, filed 1/6/86.

Wash. Admin. Code § 308-61-115 Identification of licensee's vehicles.

How must a registered tow truck operator identify its vehicles?

(1) All tow vehicles to be used in the operator's business which are operated on the public highways, must display the licensee's operator number plus the truck number, name, city of address and current business telephone number. Such information must be painted or permanently affixed to both sides of the vehicle. Each letter and numeral must be made with at least a half-inch stroke for the width and must be at least three inches high. See sample:

| | | --- |

(2) The annual tow truck permit will be a paper cab card identifying the tow truck as well as indicating the class of truck and the registered tow truck operator.

History

Statutory Authority: RCW 46.55.190. WSR 02-20-035, § 308-61-115, filed 9/24/02, effective 10/25/02
WSR 00-01-058, § 308-61-115, filed 12/10/99, effective 1/10/00. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-115, filed 1/6/86.

Wash. Admin. Code § 308-61-125 Business hours.

What business hours must a registered tow truck operator maintain?

(1) Business hours, for purposes of inspection of business records, place of business or towing equipment, must be 8:00 a.m. to 5:00 p.m. except for weekends and holidays. Normal business hours must be posted at the operator's place of business.

(2) Whenever an operator is not open for business and does not have personnel present at the licensed location, the operator must post a phone number at that location for purposes of public contact for release of vehicles and/or personal property. An operator must maintain personnel who can be contacted 24 hours a day to release impounded vehicles within a 60 minute period of time.

(3) Personal property must be released without charge between the hours of 8:00 a.m. and 5:00 p.m., excepting weekends and holidays.

History

Statutory Authority: RCW 46.55.190. WSR 02-20-035, § 308-61-125, filed 9/24/02, effective 10/25/02
WSR 00-01-058, § 308-61-125, filed 12/10/99, effective 1/10/00. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-125, filed 1/6/86.

Wash. Admin. Code § 308-61-135 Miscellaneous provisions.

(1) The properly executed written authority to tow or other evidence of lawful possession will take the place of current license plates or trip permits for unauthorized or abandoned vehicles.

(2) Billing invoices must indicate the time of day when an unauthorized or abandoned vehicle arrived at the secure storage area.

(3) A seller's report of sale properly filed with the department on a form prescribed by the department shall relieve a registered owner from liability for costs incurred in the removal and storage of an unauthorized/abandoned vehicle, in addition to relieving that person from other liability under RCW 46.12.101, unless the transferee on the seller's report had no knowledge of the filing.

(4) The junk vehicle affidavit of sale as described in RCW 46.55.230 may be used to sell a vehicle to a licensed hulk hauler, scrap processor, vehicle wrecking yard or it may be used as a supporting document for issuance of a title.

(5) A stored vehicle may be redeemed any time before the start of auctioning of that particular vehicle.

(6) The notification of impound is to be sent by first-class mail within twenty-four hours after the impound to any lessor or lessee, as well as to the last known registered and legal owner (lien holder) of the vehicle. If the department returns information indicating a change in vehicle possession, (example: Report of sale, wrecker, or insurance destroyed report) notification will also be sent to the name and address provided by the department.

(7)(a) The written notice of the right of redemption and opportunity for a hearing to contest the validity of an impoundment is to be sent to the registered and legal owners as described in subsection (6) of this section with the twenty-four hour impoundment notice on an unauthorized vehicle.

(b) The same notice, of the right of redemption and opportunity for a hearing to contest the validity of an impound, must also be given to anyone qualified under RCW 46.55.120 who attempts to redeem a vehicle.

(8) As the record required in RCW 46.05.150(2) [RCW 46.55.150(2)] the registered tow truck operator must keep a copy of its twenty-four-hour impound notice to law enforcement.

(9) Information contained in the master log must include:

(a) The dates of impound and release of vehicles;

(b) Storage lot used if multiple lots;

(d) Identity of vehicle by year, make, model, license number, and vehicle identification number;

(e) Dates of all required notices to law enforcement and to vehicle owners;

(f) Date of auction advertisement and of auction;

(g) Amount of towing and storage lien;

(h) Amount of auction proceeds;

(i) Amount of surplus funds.

Entries on the master log must be made within seventy-two hours following the activity being logged.

(10) In compliance with the requirements of RCW 46.55.100, as it relates to the reporting of abandoned vehicles after being auctioned by a registered tow truck operator, any tow truck company who has established an account with the department to use the abandoned vehicle report-affidavit of sale through the online system must use that system. Any report sent to the department by fax or mail will be returned to the appropriate tow truck company to be filed online.

Tow truck companies that have not established an account with the department to use the abandoned vehicle online system are encouraged to do so; however, they may continue to file the abandoned vehicle report of sale reports via fax or through the mail.

History

RCW 46.55.150(2)] the registered tow truck operator must keep a copy of its twenty-four-hour impound notice to law enforcement.(9) Information contained in the master log must include:(a) The dates of impound and release of vehicles
(b) Storage lot used if multiple lots
(c) If impound was from public or from private property and the location where the vehicle was impounded
(d) Identity of vehicle by year, make, model, license number, and vehicle identification number
(e) Dates of all required notices to law enforcement and to vehicle owners
(f) Date of auction advertisement and of auction
(g) Amount of towing and storage lien
(h) Amount of auction proceeds
(i) Amount of surplus funds.Entries on the master log must be made within seventy-two hours following the activity being logged.(10) In compliance with the requirements of RCW 46.55.100, as it relates to the reporting of abandoned vehicles after being auctioned by a registered tow truck operator, any tow truck company who has established an account with the department to use the abandoned vehicle report-affidavit of sale through the online system must use that system. Any report sent to the department by fax or mail will be returned to the appropriate tow truck company to be filed online.Tow truck companies that have not established an account with the department to use the abandoned vehicle online system are encouraged to do so
however, they may continue to file the abandoned vehicle report of sale reports via fax or through the mail.[Statutory Authority: RCW 46.55.190. WSR 08-08-031, § 308-61-135, filed 3/25/08, effective 4/25/08
WSR 07-03-117, § 308-61-135, filed 1/22/07, effective 2/22/07
WSR 02-20-035, § 308-61-135, filed 9/24/02, effective 10/25/02
WSR 00-01-058, § 308-61-135, filed 12/10/99, effective 1/10/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-61-135, filed 4/6/93, effective 5/7/93. Statutory Authority: RCW 46.55.190. WSR 90-01-060, § 308-61-135, filed 12/18/89, effective 1/18/90. Statutory Authority: RCW 46.55.190, 46.80.140 and 46.79.080. WSR 88-06-025 (Order DLR 164), § 308-61-135, filed 2/25/88. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-135, filed 1/6/86.

Wash. Admin. Code § 308-61-145 Specifications and posting of signs.

How is the posting of signs on private and public property handled?

(1) Signs must measure at least 15" by 24" and the lettering thereon must be clearly visible to all who park.

(2) Signs for publicly owned or controlled parking facilities need to disclose that unauthorized vehicles will be impounded and must also disclose a phone number for redeeming a vehicle. If a registered tow truck operator is used, the signs must meet the same requirements as in the posting of private nonresidential property.

History

Statutory Authority: RCW 46.55.190. WSR 02-20-035, § 308-61-145, filed 9/24/02, effective 10/25/02
WSR 00-01-058, § 308-61-145, filed 12/10/99, effective 1/10/00. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-145, filed 1/6/86.

Wash. Admin. Code § 308-61-158 Storage of vehicles.

How must the registered tow truck operator handle stored vehicles?

(1) Handling and returning vehicles in substantially the same condition means that vehicles are to be handled with care so that their value is not diminished. The operator must not remove parts or equipment which are affixed to the vehicle.

(2) A vehicle being held for storage by agreement or being held under police authority, other than a suspended license impound, or pursuant to a writ or court order shall not be considered abandoned, nor shall it be processed as such. Any storage fees accrued while under agreement or under police hold, other than a suspended license impound, or pursuant to a writ or court order, shall not be included in the abandoned vehicle lien. Upon the expiration of a storage agreement, the lifting of a police hold other than a suspended license impound, or when the writ or court order is no longer in effect, the operator must begin the unauthorized abandoned vehicle processing, including the notification to vehicle owners by first class mail within twenty-four hours.

(3) When vehicles are stored pursuant to a writ or court order, the operator must keep evidence of the inception and termination dates of the writ or court order in the vehicle transaction file.

(4) When a vehicle is being held pursuant to a suspended license impound, and the vehicle is not redeemed even after the payment of a security deposit, and upon expiration of the hold, the operator must send the notice provided in RCW 46.55.110(2) and schedule its auction accordingly.

(5) Vehicles in the custody of an operator must be kept entirely within a secure area owned or operated under that registration.

(6) An operator must not charge for relocating vehicles between separate secure storage areas which he/she owns or operates.

(7) A vehicle's owner or agent may request that the operator store personal belongings from their vehicle for a period of thirty days from the date of signing a personal belongings storage request form. The personal belongings storage request form shall contain the requestor's vehicle identification number, license plate number, make, model, and year. The form shall also contain the RTTO company's name, street address, city, state and zip code where the personal belongings will be stored, the requestor's name and signature, and the date the request form was signed.

History

Statutory Authority: RCW 46.55.190 and 2019 c 401. WSR 19-19-039, § 308-61-158, filed 9/12/19, effective 10/13/19. Statutory Authority: RCW 46.55.190. WSR 02-20-035, § 308-61-158, filed 9/24/02, effective 10/25/02
WSR 00-01-058, § 308-61-158, filed 12/10/99, effective 1/10/00. Statutory Authority: RCW 46.55.190, 46.80.140 and 46.79.080. WSR 88-06-025 (Order DLR 164), § 308-61-158, filed 2/25/88. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-158, filed 1/6/86.

Wash. Admin. Code § 308-61-168 Disputed impound.

What should the registered tow truck operator do when a court hearing has been requested?

(1) Where a timely request has been made for a district or municipal court hearing and where the vehicle owner has failed to redeem the vehicle, the abandoned vehicle procedural requirements may be followed, but the sale of the vehicle at public auction must not take place until after the court has disposed of the request.

(2) The administrative hearings officer, provided in RCW 46.55.240 (1)(d), shall mean a hearings officer authorized by ordinance or resolution of a city, town or county for the purpose of conducting hearings on disputed vehicle impound cases.

(3) Operators must maintain a trust account solely for the deposit of funds received pending the disposition of any district court hearing requests.

History

Statutory Authority: RCW 46.55.190. WSR 02-20-035, § 308-61-168, filed 9/24/02, effective 10/25/02
WSR 00-01-058, § 308-61-168, filed 12/10/99, effective 1/10/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-61-168, filed 4/6/93, effective 5/7/93. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-168, filed 1/6/86.

Wash. Admin. Code § 308-61-175 Procedures for selling vehicles.

How should a registered tow truck operator properly identify a vehicle in its custody and prepare for a vehicle auction?

(1) For purposes of advertising the sale of abandoned vehicles the vehicle identification number must be used if no license plates are on the vehicle.

(2) If a vehicle in the custody of an operator is not identifiable, including no license plates or registration, the operator must conduct an examination of the vehicle only to determine its make, model, year and vehicle identification number which must be included on the abandoned vehicle report to the department.

(3) If the department cannot provide owner information on a vehicle after the operator submits an abandoned vehicle report, the operator may then inspect the vehicle as permitted in RCW 46.55.100(5) to determine whether owner information is within the vehicle.

(4) Upon inspection of the vehicle as provided in subsection (3) of this section the operator may return the original abandoned vehicle report with additional information from the inspection of the vehicle to assist the department in providing owner information.

(5) The department may require an inspection by the appropriate law enforcement agency to verify the vehicle identification number of an unidentified vehicle. All such information must be reported to the department, which will communicate with such other states as may be necessary to determine whether the registered and legal owner information is available for the vehicle.

(6) After all reasonable efforts to obtain the owner information have proved unsuccessful, the vehicle may be disposed of in accordance with all procedures except that the notification to the registered and legal owners by certified or registered mail may be omitted. A record of all steps taken to locate the owner(s) of the vehicle must be kept by the operator for a period of three years.

(7) If the operator elects to bid at auction, that bid must be disclosed as such, and must not merely be an effort to set a minimum for other bids. If an operator is the successful bidder and the bid exceeds the lien for towing and storage, the surplus funds must be remitted to the department just as in any other sale. The operator cannot elect to retain a vehicle at auction because the operator feels that the bidding is insufficient.

(8) The public viewing period required in RCW 46.55.130(1) must be held at all times during daylight hours.

(9) Auctions may be held on Saturdays or Sundays which are not legal holidays.

(10) Three days prior to any vehicle auction, tow companies must fax a listing of all vehicles, including year, make, model, and vehicle identification number, to their Washington state patrol business inspector. If there are any changes to the list, an updated/amended list must also be faxed to the Washington state patrol inspector.

History

Statutory Authority: RCW 46.55.190. WSR 07-03-117, § 308-61-175, filed 1/22/07, effective 2/22/07
WSR 02-20-035, § 308-61-175, filed 9/24/02, effective 10/25/02
WSR 00-01-058, § 308-61-175, filed 12/10/99, effective 1/10/00
WSR 91-20-121, § 308-61-175, filed 9/30/91, effective 10/31/91. Statutory Authority: RCW 46.55.190, 46.80.140 and 46.79.080. WSR 88-06-025 (Order DLR 164), § 308-61-175, filed 2/25/88. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-175, filed 1/6/86.

Wash. Admin. Code § 308-61-185 Lien provisions.

What charges are proper for the registered tow truck operator to include in the towing and storage lien?

(1) No operator shall include any charges in the amount of the lien that are not specifically authorized. Subordinate charges such as mechanic fees or prior storage fees claimed by the operator or any third party shall not be allowed. All fees must be included in the towing and storage rates and no fees for other services shall be allowed. No fee may be listed on the rate sheet for which there is no provision.

(2) The towing and storage lien shall not apply to personal property not attached to and made an integral part of the vehicle.

(3) No operator shall increase the daily storage rate charged for an unauthorized or abandoned vehicle in his/her custody between the time the vehicle is impounded and then redeemed or auctioned.

History

Statutory Authority: RCW 46.55.190. WSR 00-01-058, § 308-61-185, filed 12/10/99, effective 1/10/00
WSR 91-20-121, § 308-61-185, filed 9/30/91, effective 10/31/91
WSR 90-01-060, § 308-61-185, filed 12/18/89, effective 1/18/90. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-185, filed 1/6/86.

Wash. Admin. Code § 308-61-190 After sale.

What documentation follows the abandoned vehicle auction and who may claim surplus auction funds?

(1) Following the auction of an abandoned vehicle the operator must give to the successful bidder an affidavit of sale, as defined, which must disclose the amount of the lien and the amount of the successful bid. The public auction shall terminate the ownership interest of prior owners, both registered owners and legal owners.

(2) The following guidelines shall apply in establishing a valid claim for surplus funds which have been remitted to the state as the result of the auctioning of abandoned vehicles pursuant to RCW 46.55.130 (2)(h):

(a) The claiming individual must show reasonable proof of their identity and the claim must be in writing and must be notarized.

(b) The claimant must have been the registered owner of the vehicle as reflected in the records of the department of licensing at the time the vehicle was auctioned. The person indicated as purchaser on a seller's report of sale, pursuant to RCW 46.12.101, will be considered the registered owner of record for purposes of this section.

(3) The fifteen-day title transfer requirement provided for in RCW 46.55.130 (2)(f) shall not apply to properly licensed hulk haulers, scrap processors, and wreckers who have acquired the vehicle for salvage purposes in accordance with chapters 46.79 and 46.80 RCW.

History

Statutory Authority: RCW 46.55.190. WSR 04-12-063, § 308-61-190, filed 5/28/04, effective 6/28/04
WSR 02-20-035, § 308-61-190, filed 9/24/02, effective 10/25/02
WSR 00-01-058, § 308-61-190, filed 12/10/99, effective 1/10/00
WSR 90-01-060, § 308-61-190, filed 12/18/89, effective 1/18/90. Statutory Authority: Chapter 46.55 RCW. WSR 86-03-011 (Order DLR-088), § 308-61-190, filed 1/6/86.

Wash. Admin. Code § 308-61-195 Abandoned recreational vehicle—Criteria and required information.

(1) What are the criteria for an abandoned recreational vehicle to be eligible for reimbursement? The vehicle must be towed, stored, and/or dismantled according to existing statute.

(2) What vehicle information must be provided to the department upon request for reimbursement? All required information, if known, as listed on the department-approved form, to include at a minimum:

(a) Vehicle identification number (VIN);

(b) Length; and

History

Statutory Authority: RCW 46.53.010. WSR 26-06-028, s 308-61-195, filed 2/23/26, effective 3/26/26. Statutory Authority: RCW 46.55.190 and 46.53.010. WSR 19-11-007, § 308-61-195, filed 5/2/19, effective 6/1/19.

Wash. Admin. Code § 308-61-197 Abandoned recreational vehicle—Application and review.

(1) What is the application process?

(a) All vehicles must first be handled through the abandoned vehicle process with an abandoned vehicle report (AVR) submitted to the department, or through the junk vehicle affidavit process.

(b) The requestor will make the request through department of licensing's online portal or by mail.

(c) The requestor will be registered through the office of financial management as a statewide vendor with a statewide vendor number.

(d) The requestor asking for reimbursement must be one of the following businesses and be licensed at time of the activity in which requesting reimbursement:

(i) A registered tow truck operator (RTTO), as defined by RCW 46.55.010(7);

(ii) A vehicle wrecker, as defined by RCW 46.80.010(5);

(iii) A scrap processor, as defined by RCW 46.79.010(2);

(iv) A scrap metal business, as defined by RCW 19.290.010(10);

(v) An authorized disposal site.

(e) Each business must complete their process before making application for reimbursement for that vehicle:

(i) An RTTO's process is considered complete when the vehicle is moved to a licensed vehicle wrecker, scrap processor, or authorized disposal site for disposal. A written record of delivery to a licensed dismantler or authorized disposal site will also be required with the abandoned recreational vehicle application. A copy of that report shall be maintained in the RTTO's vehicle transaction file.

(ii) A vehicle wrecker, scrap processor, or scrap metal business's process is considered complete when the vehicle has been dismantled and/or destroyed in a way that no major component remains useable as the original vehicle. It shall be included on the wrecker monthly report as a destroyed vehicle and a certificate of fact (available on the department's website) stating that the vehicle has been properly and completely destroyed in such manner as to not be usable as a vehicle, again.

(f) A request must be submitted on a form prescribed by the department and include a copy of the original AVR, junk title affidavit or title or wrecker/salvage processor monthly report and complete supporting documentation including written record of transport to a licensed dismantler or disposal site and all receipts verifying all costs requested for reimbursement.

(g) The RTTO, vehicle wrecker, scrap processor, or scrap metal business must submit their request for reimbursement within 60 days of the activity.

(2) What is the review process?

(a) All requests will be reviewed and processed in the order received.

(b) The application and all required supporting documentation will be reviewed for the vehicle's eligibility and completeness.

(c) Cases will be sent for disbursement to the appropriate unit within 60 days of submission, as staffing and administration funding allows.

(d) Incomplete applications will be returned to the business and will be eligible for reconsideration.

(3) Can I appeal an application that has been denied reimbursement?

(a) Yes. If an abandoned recreational vehicle has been denied for reimbursement by the department, the business shall be notified by the department in writing what information is required to complete the application for reimbursement or the reasons why the vehicle failed to meet the required criteria. The vehicle may be resubmitted with any required information for additional review within 30 days or be ineligible for an appeal.

(b) If the appeal has been reviewed and the vehicle is found to meet all requirements for reimbursement, the vehicle will be processed in the current month and order the appeal was received.

History

Statutory Authority: RCW 46.53.010. WSR 26-06-028, s 308-61-197, filed 2/23/26, effective 3/26/26. Statutory Authority: RCW 46.55.190 and 46.53.010. WSR 19-11-007, § 308-61-197, filed 5/2/19, effective 6/1/19.

Wash. Admin. Code § 308-61-203 Abandoned recreational vehicle—Reimbursements.

(1) When will the reimbursement happen? The abandoned RV program manager will process all reimbursement by the fifth business day of the month following the month that the reimbursement was received on vehicles that have met all criteria for eligibility.

(2) How/when will I get notified of the reimbursement?

(a) No confirmation of receipt for an application for reimbursement will be sent on any vehicle.

(b) If a vehicle is not eligible for reimbursement, the department shall notify the business of the determination in writing.

(3) What if funds for reimbursements are unavailable? The reimbursements are dependent upon sufficient funding within the abandoned recreational vehicle account. If sufficient funds are not currently available when an otherwise eligible request is received, the department will hold the request in the order it was received. The department will send a notification via listserv newsletter and website notification banner that the program's spending authority has been depleted. When funding within the abandoned recreational vehicle account is sufficient for disbursement the department will process requests being held for that business in the order they were received.

History

Statutory Authority: RCW 46.53.010. WSR 26-06-028, s 308-61-203, filed 2/23/26, effective 3/26/26. Statutory Authority: RCW 46.55.190 and 46.53.010. WSR 19-11-007, § 308-61-203, filed 5/2/19, effective 6/1/19.

Wash. Admin. Code § 308-61-207 Abandoned recreational vehicle—Turning over collections to the department.

What if funds are received through collection efforts after receiving reimbursement from the department? Any funds received by the registered tow truck operator, wrecker, vehicle scrap, or scrap metal business as a result of collection activities shall be turned over to the department for any vehicles the business received reimbursements for.

History

Statutory Authority: RCW 46.55.190 and 46.53.010. WSR 19-11-007, § 308-61-207, filed 5/2/19, effective 6/1/19.

Wash. Admin. Code § 308-61-215 Abandoned recreational vehicle—Rates and caps.

At what rates will reimbursements be made?

(1) The costs will be reimbursed at a standardized scheduled rate:

| Item | Standard Rate | Cap | | --- | --- | --- | | Towing and Transport (Increment per Hour - Maximum Four Hours Total for Identified RV Length) | | | | Towing up to 29' | $150.00/hr. | $600.00 | | Towing 30' and Over | $220.00/hr. | $888.00 | | Ferry Fees | As Incurred | $350.00 | | Storage (Increment per Day per RV Length - Maximum 20 Days Total) | | | | Standard Storage up to 29' | $40.00/day | $800.00 | | Storage 30' and Over | $60.00/day | $1,200.00 | | Dismantling and Disposal (Increment per RV Length) | | | | 30' to 46' | $80.00/ft. | $3,680.00 | | 20' to 29' | $75.00/ft. | $2,175.00 | | Up to 19' | $70.00/ft. | $1,330.00 |

(2) Abandoned recreational vehicle length must be indicated by an annotation on the signed tow authorization, junk vehicle affidavit, affidavit of sale, or a certificate of fact.

(3) Total length of the recreational vehicle shall be determined by measuring the vehicle type as follows:

(a) Motor homes: Measured in feet of total length from the front bumper to the rear bumper, excluding attached storage boxes or trailer or tow hitches.

(b) Travel trailers: Measured in feet of total length from the front of the box to the rear bumper, excluding the front trailer tongue, attached storage boxes or any additional trailer or tow hitches from rear bumper. Fifth-wheel trailers may include the front-cap.

(c) Campers: Measured in feet of total length from the front of the cab-over box to the rear of the box, excluding any attached storage boxes or other accessories.

(4) Adjustments made to rates and caps may not be applied to previously submitted claims which already received a disbursement from the department.

History

Statutory Authority: RCW 46.53.010. WSR 26-06-028, s 308-61-215, filed 2/23/26, effective 3/26/26. Statutory Authority: RCW 46.53.010 and 46.55.190. WSR 23-20-103, § 308-61-215, filed 10/3/23, effective 11/3/23
WSR 19-11-007, § 308-61-215, filed 5/2/19, effective 6/1/19.

Chapter 308-63 Wreckers.

Wash. Admin. Code § 308-63-010 Definitions—General.

(1) Department - means the department of licensing of the state of Washington.

(2) Director - Means the director of the department of licensing.

(3) Destroy - Means the dismantling, disassembling or wrecking of a vehicle with the intent of never again operating such as a vehicle, or the sustaining of damage to a vehicle either (a) to the extent that the cost of repairing it exceeds its fair market value immediately prior to the accident or occurrence, or (b) to the extent that the cost of repairing it plus its salvage value in its damaged condition exceeds or approximately equals the market value of the vehicle in its repaired or restored condition.

(4) Market value threshold amount is the amount assigned to vehicles which includes a motor vehicle having a designation that is at least six years before the calendar year in which the vehicle was wrecked, destroyed, or damaged. For vehicles six through twenty years old a statement whether or not the vehicle meets the market value threshold amount as defined in RCW 46.12.005 and WAC 308-56A-500 is also required.

(5) Acquire - Means the physical custody together with proof of ownership as provided under WAC 308-63-080.

(6) Custody - Means the possession of a vehicle that the wrecker owns but for which ownership documents required in WAC 308-63-080 have not been received, or a vehicle placed for safekeeping by a law enforcement officer or others.

(7) Obscure - Means to screen the wrecker activity from public view.

(8) Segregated area - Means an area within the wrecking yard, which must be designated by a physical barrier. The physical barrier may be portable, made of substantial posts and connected by rope, chain, cable, or of other equally strong construction.

History

Statutory Authority: RCW 46.12.005 and 46.01.110. WSR 09-19-113, § 308-63-010, filed 9/22/09, effective 10/23/09. Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-010, filed 3/27/09, effective 4/27/09
WSR 01-03-141, § 308-63-010, filed 1/24/01, effective 2/24/01. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-010, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-020 Bill of sale.

May I acquire a vehicle on a bill of sale?

(1) Bill of sale for acquiring vehicles. A bill of sale must include the names and addresses of the seller and purchaser; a description of the vehicle being purchased, including the make, model and identification or serial number; the date of purchase; and the purchase price of the vehicle. Bills of sale are acceptable in lieu of title in the cases of:

(a) Vehicles from nontitle jurisdictions;

(b) When an insurance company or private owner has surrendered the title to a vehicle previously destroyed as provided under WAC 308-56A-460; or

May I acquire a vehicle part on a bill of sale?

(2) In the case of vehicle parts a bill of sale from the seller describing the specific part and giving the full name, address and verification of the seller's identity, plus date of sale. In addition, if a major component part is acquired the vehicle identification number from which it came must also be set forth on the bill of sale. A copy of each bill of sale must be maintained on acquired parts for a period of three years.

History

Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-020, filed 3/27/09, effective 4/27/09
WSR 05-14-093, § 308-63-020, filed 6/30/05, effective 7/31/05
WSR 00-13-019, § 308-63-020, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-020, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-030 Established place of business.

What is a vehicle wrecker place of business? A vehicle wrecker's established place of business is a building or enclosure which the owner occupies either continuously or at regular intervals; and where the business books and records are kept available for inspection during normal business hours and dismantling of vehicles is accomplished. It must conform with local zoning regulations.

History

Statutory Authority: RCW 46.80.140. WSR 05-14-093, § 308-63-030, filed 6/30/05, effective 7/31/05
WSR 00-13-019, § 308-63-030, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-030, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-040 Wreckers—Application for license.

How must I apply for a vehicle wrecker license? An original or renewal application for a wrecker license must be filed with the director on the form provided by the department for this purpose. The application must be endorsed by the chief of police of any city with a population over 5,000; otherwise, by a member of the Washington state patrol. The endorsement certifies that the wrecker has an established place of business at the address shown on the application and that the applicant's vehicle(s) are properly identified in accordance with WAC 308-63-070(5). Applications for original or renewed licenses must include a $500 catalytic converter inspection fee for the purpose of Washington state patrol inspections, in addition to all fees required under RCW 46.80.040 and 46.80.050.

Each application must specify the number of vehicles owned, leased, rented or otherwise operated by the applicant for towing or transportation of vehicles on public roadways in the conduct of the business. Each endorsement must identify the vehicle by make, model, year or other adequate description, and identification number.

History

Statutory Authority: RCW 46.01.011, 46.80.040, 46.80.050, 46.79.040, and 46.79.050. WSR 24-18-003, § 308-63-040, filed 8/21/24, effective 9/21/24. Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-040, filed 3/27/09, effective 4/27/09
WSR 01-03-141, § 308-63-040, filed 1/24/01, effective 2/24/01
WSR 00-13-019, § 308-63-040, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-040, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-050 Expiration of motor vehicle wrecker's license.

When does my vehicle wrecker license expire? (1) A vehicle wrecker's license will expire twelve consecutive months from the date of issuance.

(2) Vehicle wrecker license plates will expire on the same date as the expiration of the license.

History

Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-050, filed 3/27/09, effective 4/27/09
WSR 05-14-093, § 308-63-050, filed 6/30/05, effective 7/31/05
WSR 00-13-019, § 308-63-050, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-050, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-060 Vehicle wrecker—Special plates.

How do I use the special vehicle wrecker license plates? All vehicles used for towing or transporting vehicles or vehicle parts by a vehicle wrecker on the highways of this state in the conduct of the business must bear regular license plates and, in addition, special wrecker's plates.

The wrecker may purchase sets of plates equal in number to the number of vehicles reported on the application as owned, rented, leased and operated by the applicant for towing or transporting of vehicles or vehicle parts in the conduct of the business. Should the wrecker purchase, lease, or rent additional vehicles for towing or transporting of vehicles or vehicle parts, the applicant must so inform the department and may obtain additional plates for such vehicles.

Each vehicle used for towing or transporting of vehicles or vehicle parts must display both wrecker plates of the same number. However, when any vehicle being towed does not have valid license plates, the set of wrecker plates may be split, with one being displayed on the front of the towing vehicle and the other on the rear of the vehicle being towed.

History

Statutory Authority: RCW 46.80.140. WSR 16-23-132, § 308-63-060, filed 11/21/16, effective 12/22/16
WSR 09-08-065, § 308-63-060, filed 3/27/09, effective 4/27/09
WSR 05-14-093, § 308-63-060, filed 6/30/05, effective 7/31/05
WSR 00-13-019, § 308-63-060, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-060, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-070 Wreckers—General procedures and requirements.

Vehicle wreckers must comply with all rules set forth in this chapter and the requirements of chapter 46.80 RCW relative to the handling of vehicle parts or vehicles to be dismantled.

(1) Enclosure. The activities of a vehicle wrecker must be conducted entirely within the established place of business. A physical barrier must designate the boundary of the wrecking yard. Where necessary to obscure public view of the premises, it must be enclosed by a sight-obscuring wall or fence at least eight feet high.

(a) Where required, such sight-obscuring wall or fence must be painted or stained in a neutral shade to blend with the surrounding premises. If the fence is made of chain link, it must have sufficient slats or other construction to obscure public view of the premises.

(b) A living hedge of equal height and sufficient density to prevent view of the premises may be substituted for the wall or fence.

(d) Reasonable consideration will be given to the topography of the land by enforcement personnel when inspecting premises for such fence, enclosure or barrier.

(e) Exceptions to this section must be granted in writing by the department.

(2) Additional places of business. Each licensed vehicle wrecker may maintain one or more additional places of business within the same county, under the same license. The vehicle wrecker may maintain as many storage yards or sales outlets as needed so long as each is registered with the department. Each wrecking or storage yard must comply with local zoning regulations, chapter 46.80 RCW, and the requirements of this chapter. Duplicate vehicle wrecker's licenses will be issued to be posted at each additional place of business.

(3) Change of address. The department must be notified within ten days of any change of address of any business location or of the addition of any such location.

(4) Display of license certificate. The license certificate issued by the department to a licensed wrecker must be displayed conspicuously at each business address and must be available for periodic inspection by law enforcement officers and authorized representatives of the department.

(5) Identification of licensee's vehicles. All vehicles equipped for lifting or transporting vehicles or vehicle parts which are operated on the highways of this state must display the licensee's name, the city in which the licensee's established place of business is located, and the current business telephone number of the licensee. Such information must be painted on or permanently affixed to both sides of the vehicle. Each letter and numeral shall be made with at least a half-inch in solid width and must be at least three inches high. See example.

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(6) License plates from vehicles entered into the wrecking yard must be removed within twenty-four hours. Plates on vehicles in the segregated area may be left on until the vehicle is entered into the wrecking yard. The wrecker must destroy such plates prior to submitting the monthly report for the month the vehicle was entered into the wrecking yard.

(7) Major component parts. A catalytic converter is a major component part. Under RCW 46.80.010(5) the term "engines, short blocks, transmissions and drive axles" will not include cores or parts which are limited to value as scrap metal or for remanufacturing only. The term "seat" will mean bucket seat. The term "drive axle" means a differential assembly.

(8) Vehicles in custody and awaiting approved ownership documents, as provided under WAC 308-63-080, must be placed in a segregated storage area within the wrecking yard which must be designated by a physical barrier. Vehicles may remain in this area after ownership documents have arrived and the vehicle has been properly entered into the wrecking yard inventory. There will be no dismantling or parts removal in this area. The physical barrier may be portable, made of substantial posts and connected by a chain, cable, or of other equally strong construction.

This area can be used for storage of dealer cars or equipment if the vehicle wrecker is both a vehicle wrecker and a dealer however, there will be no storage of vehicle parts.

History

Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-070, filed 3/27/09, effective 4/27/09
WSR 05-14-093, § 308-63-070, filed 6/30/05, effective 7/31/05
WSR 01-03-141, § 308-63-070, filed 1/24/01, effective 2/24/01
WSR 00-13-019, § 308-63-070, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-070, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-080 Vehicle wrecker—Procedures for acquiring vehicles and vehicle parts.

What ownership documents may I use to acquire vehicles or vehicle parts? The vehicle wrecker may acquire vehicles and vehicle parts if the seller can furnish ownership documents as follows:

(1) Certificate of title, including salvage certificates, properly endorsed in the case of vehicles from states issuing a title.

(2) Bills of sale pursuant to WAC 308-63-020(1) for vehicles from nontitle jurisdictions, for vehicles that have had their title surrendered to a state after having been declared a total loss, and for vehicles of the type to which titles are not issued.

(3) Affidavit of lost or stolen title if executed by the registered and legal owner of record.

(4) Insurance company bills of sale pursuant to WAC 308-56A-460(2).

(5) Affidavit of sale of an abandoned vehicle pursuant to WAC 308-61-026(1).

(6) Affidavit of junk vehicle pursuant to RCW 46.55.230.

(7) A court order.

(8) A bill of sale for parts pursuant to WAC 308-63-020(2).

(9) A bill of sale from another licensed vehicle wrecker.

(10) Bill of sale from a salvage pool auction.

History

Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-080, filed 3/27/09, effective 4/27/09
WSR 05-14-093, § 308-63-080, filed 6/30/05, effective 7/31/05
WSR 00-13-019, § 308-63-080, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-080, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-090 Vehicle wrecker—Records and procedures for monthly reports.

What records must I keep and how do I handle the monthly report? (1) Wrecker books and files. The wrecker must maintain books and files that contain the following:

(a) A record of each vehicle or part acquired giving:

(i) A description of the vehicle or part by make, model, year, and for major component parts, except core parts, the vehicle identification number and "yard number" assigned at the time the vehicle or major component part was placed in the wrecking yard;

(ii) The date purchased or acquired by the vehicle wrecker, and the name of the person, firm or corporation from which the vehicle or part was obtained;

(iii) The certificate of ownership number if registered in a title state, or registration number if a nontitling state; or description of the document used in lieu of title, such as an affidavit of sale, a bill of sale for a vehicle or vehicle part;

(iv) The name of the state and license number in the state that a vehicle was last registered; and

(v) A statement indicating whether any used car or truck at least six years but not more than twenty years old met the market value threshold amount prior to the vehicle being wrecked, destroyed or damaged, as required by RCW 46.12.070 and WAC 308-56A-460. If this statement is not provided, when required, the department will treat the vehicle as if the wrecker indicated that the market value threshold was met prior to the vehicle being wrecked.

What is "market value threshold amount?" The current market value threshold amount is six thousand seven hundred ninety dollars. For vehicles six through twenty years old a statement whether or not the vehicle meets the market value threshold amount as defined in RCW 46.12.005 and WAC 308-56A-500 is also required.

How is the market value threshold amount determined? Using the current market value threshold amount described in RCW 46.12.005 each year the department will add the increased value if the increase is equal to or greater than fifty dollars.

If the value is less than fifty dollars the department will track the increased value amount each year until the amount is equal to or greater than fifty dollars.

(b) A record of the disposition of the motor, body, and major component parts giving the name of the person purchasing the part(s), if any. Sales to scrap processors must be accompanied by an invoice or bill of sale, listing each vehicle by its yard number. The wrecker must retain a copy of the invoice or bill of sale for purposes of inspection for three years.

These records will be subject to inspection by authorized representatives of the department and law enforcement officials during regular business hours. The information must be entered in the wrecker's records within two business days of the event requiring the entry, such as receipt of a vehicle.

(2) The vehicle wrecker must furnish written reports. By the tenth of the month following the month of acquisition of vehicles entered into the wrecking yard inventory, each wrecker must submit a report on the form prescribed by the department documenting that the vehicles were acquired and entered into the wrecking yard inventory during the previous month. Vehicles being held in the segregated storage area awaiting ownership documents, under WAC 308-63-070(8), will not be reported. The report must be made in duplicate. The original must be sent to the department and the duplicate retained for the wrecker's files. If no vehicles were acquired during that month, the monthly report must be sent in stating "none." The report must contain information for vehicles only as the wrecker is required to keep by subsection (1)(a)(i), (ii), (iii), (iv), and (v) of this section. The report must be accompanied by properly endorsed certificates of ownership or other adequate evidence of ownership and registration certificates. Records on acquisitions and sales of vehicle parts need not be included in reports submitted to the department but records must be kept for three years from the date of purchase and made available for inspection.

(3) Identity of vehicles in yard. A yard number must identify all vehicles placed in the wrecking yard. The number must be assigned in the wrecker's records with numerals marked so as to be clearly visible and legible. If a part of a vehicle is sold which has the number on it, the yard number of the vehicle must be remarked in another location on the vehicle.

History

Statutory Authority: RCW 46.12.005 and 46.01.110. WSR 09-19-113, § 308-63-090, filed 9/22/09, effective 10/23/09. Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-090, filed 3/27/09, effective 4/27/09. Statutory Authority: RCW 46.01.110 and 46.12.101. WSR 06-23-038, § 308-63-090, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 46.80.140. WSR 05-14-093, § 308-63-090, filed 6/30/05, effective 7/31/05. Statutory Authority: Chapter 46.55 RCW. WSR 02-19-036, § 308-63-090, filed 9/10/02, effective 10/11/02. Statutory Authority: RCW 46.80.140. WSR 00-13-019, § 308-63-090, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-090, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-100 Vehicle wrecker—Must furnish bill of sale for parts.

What document must I use to sell a vehicle part? No vehicle wrecker may sell a vehicle part unless the vehicle wrecker gives the purchaser a bill of sale for such part. Whenever the vehicle wrecker sells a motor, frame, or other major component part, except for a core part, the bill of sale must describe the part fully, giving make, model, year, and vehicle identification number or yard number of the vehicle from which the part was taken.

No vehicle wrecker may sell vehicles to a scrap processor or to a hulk hauler for transportation to a scrap processor without giving the scrap processor or the hulk hauler an invoice or bill of sale listing each vehicle by yard number. The vehicle wrecker must retain a copy of such invoices for inspection purposes.

History

Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-100, filed 3/27/09, effective 4/27/09
WSR 05-14-093, § 308-63-100, filed 6/30/05, effective 7/31/05
WSR 01-03-141, § 308-63-100, filed 1/24/01, effective 2/24/01
WSR 00-13-019, § 308-63-100, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-100, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-110 Vehicle wrecker—Selling used vehicles.

Where do I store inoperable vehicles that I acquire for sale under my vehicle dealer license? (1) All vehicles acquired for sale under a vehicle dealer's license which are inoperable at the time of acquisition must be kept inside the wrecking yard and must be segregated from the remainder of the operation by a continuous physical barrier.

(2) "Inoperable" as used in this section means a vehicle which does not comply with requirements for vehicles used on public streets with regard to brakes, lights, tires, safety glass and other safety equipment. However, for purposes of this section, inoperable does not include a requirement to be currently licensed.

History

Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-110, filed 3/27/09, effective 4/27/09
WSR 05-14-093, § 308-63-110, filed 6/30/05, effective 7/31/05
WSR 00-13-019, § 308-63-110, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-110, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-120 Statement of change in business structure, ownership interest or control.

When must I report a change? Any person, firm, association, corporation or trust licensed under chapter 46.80 RCW must, within ten days following any change in its business or ownership structure, file a statement with the department, describing with particularity the change in its business structure or the change in ownership interest.

History

Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-120, filed 3/27/09, effective 4/27/09
WSR 00-13-019, § 308-63-120, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-120, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-130 Termination of business.

If I terminate my business, must I surrender my vehicle wrecker license? A vehicle wrecker who terminates business must, within ten days of such termination return the vehicle wrecker license and special license plates to the department for cancellation.

History

Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-130, filed 3/27/09, effective 4/27/09
WSR 05-14-093, § 308-63-130, filed 6/30/05, effective 7/31/05
WSR 00-13-019, § 308-63-130, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-130, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-140 Sale, transfer or other disposition of noncorporate licensee.

What must I do if there is a change of ownership in my noncorporate license? Upon the sale, transfer or other disposition of an ownership interest in a noncorporate licensee:

(1) A new bond or rider to the bond revealing the change in ownership must be filed with the department.

(2) A new application for an appropriate license by the purchaser or transferee is required and the fee will be the same as for an original application.

(3) The former owner must surrender to the department the special license plates. The new owners or transferees must purchase new plates in their own name.

History

Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-140, filed 3/27/09, effective 4/27/09
WSR 00-13-019, § 308-63-140, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-140, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-63-160 Incorporation of licensee while licensed.

If my business is not a corporation, what do I do if I incorporate? A licensee which incorporates while licensed:

(1) Must file an application for an appropriate license.

(2) Must file a new bond with the department.

(3) The firm may request the preincorporation license number upon application.

History

Statutory Authority: RCW 46.80.140. WSR 09-08-065, § 308-63-160, filed 3/27/09, effective 4/27/09
WSR 00-13-019, § 308-63-160, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-63-160, filed 4/6/93, effective 5/7/93.

Chapter 308-65 Hulk haulers/scrap processors.

Wash. Admin. Code § 308-65-010 Definitions—General.

Common carrier. Common carrier means any person who undertakes to transport property for the general public by motor vehicle for compensation as outlined in chapter 81.80 RCW. For the purposes of this chapter, common carriers licensed under the provisions of chapter 81.80 RCW are exempt from the hulk hauler licensing requirements when transporting demolished vehicles for hire between vehicle wreckers and/or scrap processors licensed by the state or country in which they operate, and the ownership interest in the vehicles is transferred directly between the vehicle wreckers and/or scrap processors.

Deals in vehicles. For the purposes of this chapter, deals in vehicles means to obtain an ownership interest in a vehicle for the purpose of transporting and/or selling the vehicle to a licensed vehicle wrecker or scrap processor by obtaining ownership as set forth in WAC 308-65-080.

Demolish. To demolish means to completely destroy a vehicle, vehicle salvage, and all parts by rendering it completely unusable except for recyclable material, for example, by means of a hydraulic crusher, hydraulic baler and shears or a shredder operated by a licensed scrap processor.

Hulk hauler. Any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed vehicle wrecker or scrap processor in substantially the same form in which they are obtained.

History

Statutory Authority: RCW 46.79.080. WSR 10-05-050, § 308-65-010, filed 2/11/10, effective 3/14/10. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-010, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-020 Definitions.

(1) Bill of sale for acquiring vehicles. A bill of sale shall include the names and addresses of the seller and purchaser; a description of the vehicle or part being sold, including the make, model and identification or serial number; the date of sale; and the purchase price of the vehicle. Bills of sale are acceptable in lieu of title in the cases of:

(a) Vehicles from nontitle jurisdictions;

(b) When an insurance company or private owner has turned in the title to a vehicle previously destroyed as provided under WAC 308-56A-460; or

(2) In the case of vehicle parts a bill of sale from the seller describing the specific part and giving the full name, address and verification of the seller's identity, plus date of sale. In addition, if a major component part is acquired the vehicle identification number from which it came must also be set forth on the bill of sale. A copy of each bill of sale shall be maintained on acquired parts for a period of three years.

History

Statutory Authority: RCW 46.79.080. WSR 00-13-020, § 308-65-020, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-020, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-030 Established place of business.

What must I do for a place of business? (1) Hulk hauler. A hulk hauler's established place of business is an address at which the hulk hauler receives mail and can normally be reached.

(2) Scrap processor. A scrap processor's established place of business is a place where (a) vehicles may be stored lawfully, (b) hydraulic balers, shears or shredders or other equipment for recycling vehicle salvage may be used lawfully, and (c) there is a building in which the scrap processor's license is conspicuously displayed and where all records required of the scrap processor are available for inspection.

History

Statutory Authority: RCW 46.79.080. WSR 00-13-020, § 308-65-030, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-030, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-040 Hulk hauler—Application for license.

How must I apply for the hulk hauler license? The application for a hulk hauler's license shall be made on the form provided by the department and shall include, in addition to any other information the department may require, and in addition to the provisions of RCW 46.79.030:

(1) A statement regarding whether or not the applicant has ever previously had a license as a hulk hauler denied, suspended, or revoked and on what dates and what grounds.

(2) A certification from a member of the Washington state patrol that his/her vehicle(s) are properly identified in accordance with WAC 308-65-070(5).

The license may be renewed prior to the expiration date by filing a renewal application, securing a signature of the appropriate member of the Washington state patrol on his/her application, and paying a renewal fee of ten dollars.

History

Statutory Authority: RCW 46.79.080. WSR 00-13-020, § 308-65-040, filed 6/12/00, effective 7/13/00
WSR 94-12-052, § 308-65-040, filed 5/27/94, effective 6/27/94. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-040, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-050 Expiration of hulk hauler license.

When will my license expire? (1) A hulk hauler's license shall expire twelve consecutive months from the date of issuance for purposes of staggered licensing.

(2) Motor vehicle hulk hauler license plates shall expire on the same date as the expiration of the license.

History

Statutory Authority: RCW 46.79.080. WSR 00-13-020, § 308-65-050, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-050, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-060 Hulk hauler—Special plates.

How must I display the hulk hauler license plates? All vehicles used by hulk haulers on the highways of this state shall bear regular license plates and in addition, special hulk hauler's plates. Each vehicle shall display both special plates assigned to it, provided that when any vehicle being towed does not have valid license plates, the hulk hauler plates may be split, with one being displayed on the front of the towing vehicle and the other on the rear of the vehicle being towed. The plates serve in lieu of a trip permit or current license plates for the vehicle(s) being transported.

History

Statutory Authority: RCW 46.79.080. WSR 16-23-133, § 308-65-060, filed 11/21/16, effective 12/22/16
WSR 00-13-020, § 308-65-060, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-060, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-070 Hulk hauler—General procedures and requirements.

Hulk haulers shall comply with all statutes, rules and regulations relative to the handling of vehicles and vehicle hulks.

(1) Change of address. The department shall be notified immediately of any change of mailing address.

(2) License certificate. The license certificate shall be carried in the vehicles operated by hulk haulers. If a hulk hauler operates more than one vehicle he/she shall request additional license certificates for each vehicle. Such certificates shall also be carried for inspection by law enforcement officers.

(3) Inspection of transport vehicle. Prior to the issuance of a hulk hauler license the vehicle to be used in transporting vehicle salvage must be inspected by the appropriate law enforcement official to verify compliance with safety requirements applying to transportation of vehicle salvage on the highways of the state.

(4) Identification of licensee's vehicles. All vehicles equipped for lifting or transporting vehicles or hulks which are operated on the highways of this state shall display the licensee's name, mailing address, and current business telephone number of such licensee. Such information shall be painted on or permanently affixed to both sides of the vehicle. Each letter and numeral shall be made with at least a half-inch stroke for the width and shall be at least three inches high. See example.

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History

Statutory Authority: RCW 46.79.080. WSR 94-12-052, § 308-65-070, filed 5/27/94, effective 6/27/94. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-070, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-080 Hulk hauler—Procedures for acquiring and selling vehicles.

On what ownership documents may I buy and sell vehicles/hulks? (1) Supporting acquisition for transport, resale. The hulk hauler may acquire vehicles or hulks for transport and resale to a licensed motor vehicle wrecker or scrap processor upon obtaining ownership documents in the form of a certificate of ownership properly endorsed, from a state issuing a title, or a certificate of registration and notarized bill of sale from a jurisdiction issuing only a registration certificate or other approved ownership documents as follows:

(a) Affidavit of lost or stolen title signed by the owner on record with the department, and release of interest from the owner.

(b) Affidavit of sale of a junk vehicle from the landowner who has complied with RCW 46.55.230.

(d) A court order.

(e) Acquisition from wreckers licensed by the department may be supported by obtaining the wrecker's invoice or bill of sale listing each vehicle by the wrecker's "yard number." Such invoice or bill of sale must be given to the scrap processor or vehicle wrecker purchasing the vehicles listed.

(f) Bills of sale pursuant to WAC 308-63-020 for vehicles from nontitle jurisdictions that have had their titles surrendered to a state after having been declared a total loss and for vehicles of the type to which titles are not issued.

(2) Must possess supporting documentation. Before a hulk hauler may transport any vehicle for resale, he/she must have in his/her possession ownership documents to support lawful acquisition or possession, as enumerated in subsection (1) of this section. Such documentation must be in his/her possession at all times while the vehicle is transported.

(3) Handling vehicles. A hulk hauler may not operate as a wrecker or remove parts from vehicles, provided that the hulk hauler may remove the parts necessary to sell vehicle salvage to a licensed scrap processor, example, the upholstery, gasoline tank, and tires, so long as such parts are removed on the premises of a licensed wrecker or scrap processor where prior permission is granted or at a location approved by the department.

(4) May sell to licensed wreckers and scrap processors. Vehicles in the possession of a licensed hulk hauler may only be sold to a licensed wrecker or scrap processor.

(5) When sold to a licensed wrecker or scrap processor in another state or country, the licensed hulk hauler must furnish a written report to the department by the tenth of the month following sale of the vehicle. The report must contain the following:

(a) A description of each vehicle acquired by make, model, year and vehicle identification number;

(b) The date acquired, name of the person, firm or corporation from which obtained;

This report must be made in duplicate, retaining the duplicate for the hulk hauler's files for a period of three years. The report must be accompanied by properly endorsed certificates of title or registration or such other adequate evidence of ownership as may come into the hulk hauler's possession.

History

Statutory Authority: RCW 46.79.080. WSR 07-03-118, § 308-65-080, filed 1/22/07, effective 2/22/07
WSR 00-13-020, § 308-65-080, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-080, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-090 Scrap processor—Application for license.

How must I apply for a scrap processor license? The application for a scrap processor's license shall contain, in addition to any other information the department may require, evidence the application is approved by the local government planning and zoning authorities pursuant to the provisions of the State Environmental [Policy] Act, chapter 43.21C RCW.

History

Policy] Act, chapter 43.21C RCW.[Statutory Authority: RCW 46.79.080. WSR 00-13-020, § 308-65-090, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-090, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-100 Expiration of scrap processor license.

When does my license expire? (1) A scrap processor's license shall expire twelve consecutive months from the date of issuance.

(2) Any special license plates issued to a scrap processor shall expire on the same date as the expiration of the license.

History

Statutory Authority: RCW 46.79.080. WSR 00-13-020, § 308-65-100, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-100, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-110 Scrap processor—Special plates.

What special license plates are available? Vehicles owned or operated on the highways of this state by a scrap processor and used by the scrap processor in gathering vehicle hulks or salvage shall bear regular license plates and, in addition, hulk hauler plates. Such plates serve in lieu of a trip permit or current license for any vehicle being transported. Each vehicle shall display all plates issued to it.

History

Statutory Authority: RCW 46.79.080. WSR 16-23-133, § 308-65-110, filed 11/21/16, effective 12/22/16
WSR 00-13-020, § 308-65-110, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-110, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-120 Scrap processor—General procedures and requirements.

All scrap processors shall comply with all statutes, rules and regulations relative to the demolition of vehicles and vehicle hulks.

(1) Change of address. The department shall be notified immediately of any change of address of any business location or of the addition of any such location.

(2) Display of license certificate. The license certificate of the scrap processor shall be displayed conspicuously at the business address shown on the application and shall be available for inspection by law enforcement officers and authorized representatives of the department.

(3) Inspection of premises. The premises of the scrap processor shall be subject to periodic inspection by appropriate law enforcement officers and authorized representatives of the department.

(4) Destroying of license plates. All license plates coming into the possession of the scrap processor shall be destroyed by the scrap processor prior to forwarding the monthly report to the department under RCW 46.79.020.

(5) Identification of licensee's vehicles. All vehicles equipped for lifting or transporting vehicles or hulks shall display the licensee's name, address and current telephone number. Such information shall be painted on or permanently affixed to both sides of the vehicle. Each letter and numeral shall be made with at least a half-inch stroke for the width and shall be at least three inches high. See example.

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History

Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-120, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-130 Scrap processor—Procedures for acquiring vehicles for demolition.

On what ownership documents may I acquire vehicles? Supporting acquisition. A scrap processor may acquire vehicles for demolition if the transferor can furnish ownership documents, in the form of a certificate of title properly endorsed, from a state issuing a title, or a certificate of registration and notarized bill of sale from a jurisdiction issuing a registration certificate only or other approved ownership documents as follows:

(1) Affidavit of lost or stolen title and release of interest from the owner.

(2) Affidavit of sale of a junk vehicle from the landowner who has complied with RCW 46.55.230.

(3) Bills of sale pursuant to WAC 308-63-020 for vehicles from nontitle jurisdictions, for vehicles that have had their titles surrendered to a state after having been declared a total loss, and for vehicles of the type to which titles are not issued.

(4) Affidavit of sale from a registered tow truck operator.

(5) A court order.

(6) Invoice or bill of sale from wrecker.

(7) Scrap processors may acquire vehicle salvage from out-of-state provided that the out-of-state salvage company submits an affidavit certifying its rightful and true possession of the vehicles or parts contained in the bulk shipment and that he/she has complied with all statutes, rules and regulations relating to such vehicles in the state or province of origin.

(8) Vehicle parts may be acquired by use of an invoice or bill of sale which describes the part and identifies the seller by name and address.

Common carriers transporting vehicles for hire between vehicle wreckers and/or scrap processors licensed by the state or country in which they operate must provide ownership documents as outlined in WAC 308-65-080, or an affidavit of certification for the load that includes the origin and destination of the load and lists each vehicle on the load by VIN number, year, make, and model. The certification must be signed by the shipper under the penalty of perjury indicating the load of demolished vehicles has been processed in accordance with all statutes, rules and regulations relating to such vehicles in the state or province of origin, and meet the criteria listed in this chapter.

History

Statutory Authority: RCW 46.79.080. WSR 10-05-050, § 308-65-130, filed 2/11/10, effective 3/14/10
WSR 00-13-020, § 308-65-130, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-130, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-140 Scrap processor—Procedures for monthly reports.

How must I file monthly reports to the department? (1) Must maintain books and files.

(a) The scrap processor shall maintain the following books and files of all vehicles, acquired other than from a wrecker or out-of-state salvage company, which shall contain the following:

(i) A description of each vehicle acquired by make, model, year and vehicle identification number;

(ii) The date acquired, name of the person, firm or corporation from which obtained, and the wrecker license numbers if such person is licensed as a wrecker by the department;

(iii) A copy of the document evidencing ownership, as required by WAC 308-65-080; and

(iv) The license plate number and name of state in which vehicle was last registered.

(b) For all vehicles acquired from a licensed wrecker, a copy of the wrecker's invoice or bill of sale shall suffice as the record of acquisition and demolition.

(c) For vehicles acquired from out-of-state salvage companies, an invoice listing the vehicles and the affidavit of compliance with the out-of-state jurisdiction.

(d) For vehicle parts, an invoice or bill of sale describing the part and identifying the seller by name and address. That record will be available for inspection.

(e) Such records shall be maintained for three years and shall be subject to periodic inspection by authorized representatives of the department and appropriate law enforcement officers.

(2) Must furnish written reports. By the tenth of the month following acquisition of vehicles or hulks for demolition, each scrap processor shall submit a report, on the form prescribed by the department, listing each vehicle, whether or not such vehicles have been demolished. This report shall be made in duplicate, retaining the duplicate for the scrap processor's files. The report shall give such information as the scrap processor is required to keep by subsection (1) of this section, provided that the scrap processor need not include copies of a wrecker's invoice or bill of sale in such report so long as he/she retains copies of the invoices and bills of sale for a period of three years. It shall be accompanied by properly endorsed certificates of title or registration or such other adequate evidence of ownership as may come into the scrap processor's possession when he/she acquires vehicles for salvage from other than wreckers licensed by the department.

History

Statutory Authority: RCW 46.79.080. WSR 07-03-118, § 308-65-140, filed 1/22/07, effective 2/22/07
WSR 00-13-020, § 308-65-140, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-140, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-150 Statement of change in business structure, ownership interest or control.

When must I report a change in business structure or ownership? Any person, firm, association, corporation or trust licensed under chapter 46.79 RCW must, within ten days following any change in its business or ownership structure, file a statement describing with particularity the change in its business structure or the change in ownership interest.

History

Statutory Authority: RCW 46.79.080. WSR 00-13-020, § 308-65-150, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-150, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-160 Termination of business.

A hulk hauler or scrap processor who terminates his business shall return his/her license and special license plates to the department for cancellation within ten business days of such termination.

History

Statutory Authority: RCW 46.79.080. WSR 94-12-052, § 308-65-160, filed 5/27/94, effective 6/27/94. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-160, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-170 Sale, transfer or other disposition of noncorporate licensee.

What if there is a partial change in ownership of the company? Upon the sale, transfer or other disposition of fifty percent or more of the ownership interest in a noncorporate licensee:

(1) A new application for an appropriate license by the purchaser or transferee is required and the fee will be the same as for an original application.

(2) The former owner must surrender to the department all special license plates. The new owner or transferee must purchase new plates in its own name.

History

Statutory Authority: RCW 46.79.080. WSR 00-13-020, § 308-65-170, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-170, filed 4/6/93, effective 5/7/93.

Wash. Admin. Code § 308-65-190 Incorporation of licensee while licensed.

What if I incorporate while licensed? A licensee which incorporates while licensed shall file an application for an appropriate license.

The firm may request the preincorporation license number.

History

Statutory Authority: RCW 46.79.080. WSR 00-13-020, § 308-65-190, filed 6/12/00, effective 7/13/00. Statutory Authority: RCW 46.55.190, 46.79.080 and 46.80.140. WSR 93-08-076, § 308-65-190, filed 4/6/93, effective 5/7/93.

Chapter 308-66 Motor vehicle dealers and manufacturers.

Wash. Admin. Code § 308-66-110 Definitions.

For the purpose of administering chapter 46.70 RCW, the following terms shall be construed in the following manner:

(1) "Offering" the sale of a vehicle shall include the distribution by any means of a list, with or without prices, of vehicles for sale.

(2) "Soliciting" the sale of a vehicle means:

(a) An offer to effect the purchase or sale of a vehicle on behalf of another person.

(b) Discussing any of the following topics on behalf of another person:

(i) The price of a vehicle;

(ii) Terms of purchase;

(iii) Prospective financing;

(iv) Availability of vehicles for purchase; or

(v) Vehicle trade-ins.

(3) "Normal business hours" or "reasonable times" shall include, but not be limited to, the hours from 10:00 a.m. through 4:00 p.m. for five days each week. When a dealer closes the place of business during normal business hours, a sign must be posted on the main door of the business stating the time that the dealer will next be open for business and how the dealer may be contacted provided that this is not permission to routinely avoid maintaining normal business hours.

(4) An "employee" of a dealer is a person on the payroll who appears on the record of the dealer as an employee for whom Social Security, withholding tax, and all deductions required by law have been made.

(5) A "broker" shall mean any person acting independently, who for a commission, fee or any other form of compensation arranges or engages in the wholesale or retail purchase, sale or lease with option to purchase, of a vehicle.

(6) A "vehicle dealer identification card" is a card, prescribed by the department and issued by a licensed dealer, that is used to identify the principal of a dealership, including a corporate officer, a partner of a partnership, or sole proprietor, or a member of a limited liability company, or an "employee," for purposes of driving a vehicle bearing dealer license plates.

(7) A "demonstration permit" is a permit issued by a dealer to a prospective customer entitling the prospective customer to operate a particular vehicle for demonstration purposes.

(8) Current service agreement - The agreement between a vehicle manufacturer or vehicle distributor and a seller, stipulating that the seller will provide warranty adjustments for the owners of that manufacturer's or distributor's new vehicles which qualify for adjustments under the manufacturer's or distributor's warranty.

(9) New vehicle warranty - The warranty extended by a manufacturer or distributor to the first retail purchaser.

(10) "Closing" shall mean the process of completion of sale transaction.

(11) "Completion of sale" in the case of a consigned vehicle shall mean that the purchaser has possession of the vehicle, all liens against the vehicle are paid, the seller has the proceeds of sale, and title to the vehicle has been transferred to the retail purchaser.

(12) "Listing" shall mean a contract between a seller of a used mobile/manufactured home and a listing dealer for the dealer to locate a willing purchaser for that home.

(13) "Consignment" shall mean an arrangement whereby a vehicle dealer accepts delivery or entrustment of a vehicle and agrees to sell the vehicle on behalf of another.

(14) "Remanufactured" shall mean to remake or reprocess into a finished product by a large scale industrial process.

(15) "Guaranteed title" as it relates to a consigned vehicle shall mean a guarantee by the consignor to convey title to the consignee upon sale of the vehicle. The consignment agreement between the consignor and consignee shall comply with the provisions of WAC 308-66-155.

(16) "Used vehicle" in keeping with RCW 46.04.660, and for purposes of the requirement for a service agreement in RCW 46.70.101 (1)(a)(vii), a vehicle will be considered used if it meets the following requirements:

(a) It has been titled or registered to a bona fide retail purchaser/lessee for a period of 90 days or more; and

(b) The vehicle has been operated (driven) to the extent that its odometer registers 3,000 miles or more.

However, the requirements of (a) and (b) of this subsection will not apply if a bona fide retail purchaser/lessee sells, trades, or otherwise disposes of the vehicle prior to its having met those requirements. To document such an exemption, the subsequent wholesaling and retailing dealer must keep, as a dealer business record, a notarized affidavit from either the bona fide retail purchaser/lessee, or in the case of an imported vehicle, a notarized affidavit from the importer of the vehicle. That affidavit will be prescribed by the department and must confirm that the retail purchaser/lessee was a bona fide retail purchaser/lessee.

(17) A "bona fide retail purchaser/lessee" is one who purchases or leases a vehicle for the purpose of using it, rather than for the purposes of resale or lease.

(18) The "principal" of a business as used herein means a true party of interest, including:

(a) The proprietor of a sole proprietorship;

(b) A partner of a partnership or a limited liability partnership;

(d) A member or manager of a limited liability company;

(e) A spouse, if he or she is a true party of interest;

(f) In addition, any owner of 10 percent or more of the assets who is not already listed.

(19) "Public education" means increasing the public's knowledge of a vehicle's specifications, features, and capabilities, but does not include any activities in RCW 46.70.011(17).

(a) When displaying or demonstrating vehicles for public education purposes, a licensed manufacturer must take reasonable steps to inform the public that the manufacturer may not engage in any motor vehicle dealer business activity, as defined in RCW 46.70.011(17).

(b) The following activities are examples of public education:

(i) The display of vehicles in a facility owned, leased, rented, or operated by a licensed manufacturer that prominently posts legible signs throughout such facility stating that the vehicles cannot be sold.

(ii) The display of vehicles by a museum.

(iii) A representative from a licensed manufacturer driving a vehicle that is clearly marked as "not for sale" for the sole purpose of displaying, discussing, or demonstrating the vehicle's specifications, features, and capabilities.

History

Statutory Authority: RCW 46.01.110, 46.70.160, and 46.70.011. WSR 25-02-054, s 308-66-110, filed 12/20/24, effective 1/20/25. Statutory Authority: RCW 46.70.160. WSR 07-03-119, § 308-66-110, filed 1/22/07, effective 2/22/07
WSR 04-16-090, § 308-66-110, filed 8/3/04, effective 9/3/04
WSR 02-12-062, § 308-66-110, filed 5/31/02, effective 7/1/02
WSR 98-20-039, § 308-66-110, filed 9/30/98, effective 10/31/98
WSR 96-19-025, § 308-66-110, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 and 1986 c 199 § 1. WSR 87-01-016 (Order DLR 115), § 308-66-110, filed 12/9/86
Order MV 170, § 308-66-110, filed 7/16/73
Order 70-08-04, § 308-66-110, filed 8/6/70
Order 69-1, § 308-66-110, filed 8/28/69
Order 2, § 308-66-110, filed 1/29/68.

Wash. Admin. Code § 308-66-120 Dealer's license application.

What information is needed to apply for a vehicle dealer license? (1) Each application shall contain in addition to the information required by RCW 46.70.041:

(a) The names and residential addresses of all owners of ten percent or more of the assets of the business;

(b) The name and address of the principal place of business;

(d) A current balance sheet of assets, liabilities and owner's equity which shall have been prepared within sixty days of its submission, including proof of the assets;

(e) A statement of whether or not the applicant, including any sole proprietor, partner, member, officer, or director of the firm, was the holder of a license issued pursuant to chapter 46.70 RCW which was revoked for cause and never reissued by the department, or suspended for cause and the terms of the suspension have not been fulfilled or assessed a monetary penalty that has not been paid;

(f) A list of all dealerships previously operated by each person named on the application and with which each person presently or was formerly connected or employed.

(2) An applicant must appear for a personal interview if requested by the department.

(3) The department may require a credit report for each person named on each application for a dealer's license.

(4) An applicant must provide as evidence of leasehold or ownership interest of business location either:

(a) A copy of the rental or lease agreement between the applicant and landowner showing the business location by commonly known address, or

(b) A copy of the county assessor's record showing ownership of the business location, the applicant's name and the commonly known address.

(5) An applicant must provide a bank reference for verifying financial condition consisting of:

(a) The name of the applicant's bank, a person to contact at that bank concerning the applicant's financial condition, or

(b) A letter of credit current within the last sixty days, or

(d) A line of credit with a financial institution.

(6) The department may require an applicant to provide evidence that the business location conforms to all zoning and land use ordinances.

(7) A corporate applicant must provide the corporation number and corporation name issued by the secretary of state's office authorizing the company to do business within this state.

(8) The business name and address on the license application and all required supporting documents must be the same.

(9) The applicant must provide a certification of completion in the dealer education program:

(a) At least one principal of each company applying for an original vehicle dealer license must receive certification in the dealer education program required by RCW 46.70.041 (1)(l).

(b) The department encourages as many principals of each company as possible to obtain such certification.

(c) For annual dealer license renewals, either a company principal or a managing employee may complete the continuing education program. The continuing education certificate will indicate that the dealership has fulfilled the requirement.

(d) Certifications for either original or renewal applications will be valid for twelve months.

(10) Any service agreement required by RCW 46.70.041 must be on file with the department. An acquisition or loss of a service agreement must be reported to the department in writing within ten days.

History

Statutory Authority: RCW 46.70.160. WSR 07-03-119, § 308-66-120, filed 1/22/07, effective 2/22/07
WSR 04-16-090, § 308-66-120, filed 8/3/04, effective 9/3/04
WSR 02-12-062, § 308-66-120, filed 5/31/02, effective 7/1/02
WSR 98-20-039, § 308-66-120, filed 9/30/98, effective 10/31/98
WSR 96-19-025, § 308-66-120, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 and 46.70.041. WSR 91-20-057, § 308-66-120, filed 9/24/91, effective 10/25/91. Statutory Authority: RCW 46.70.160 and 1986 c 199 § 1. WSR 87-01-016 (Order DLR 115), § 308-66-120, filed 12/9/86
Order MV 170, § 308-66-120, filed 7/16/73
Order 70-08-04, § 308-66-120, filed 8/6/70
Order 69-1, § 308-66-120, filed 8/28/69
Order 2, § 308-66-120, filed 1/29/68.

Wash. Admin. Code § 308-66-135 Expiration of dealer and manufacturer licenses.

Motor vehicle dealer license plates and vehicle manufacturer license plates shall expire on the same date as the expiration of the license.

History

Statutory Authority: RCW 46.70.160 and 46.70.085. WSR 91-20-057, § 308-66-135, filed 9/24/91, effective 10/25/91. Statutory Authority: 1985 c 109 §§ 2, 4, 6 and 8, RCW 46.80.140, 46.70.080 [46.79.080], 46.70.160, 46.76.070 and 46.16.225. WSR 86-08-028 (Order DLR-091), § 308-66-135, filed 3/26/86.

Wash. Admin. Code § 308-66-140 Place of business and places of business.

Which business names and locations do I need to license?

(1) A dealer must inform the department in writing of each and every:

(a) Name under which the dealer does business; and

(b) Location at which the dealer does business.

The dealer must inform the department in writing within 10 days of any addition, deletion, or change in the name or location. The dealer must apply for a temporary subagency license at least 10 days prior to the sales event that requires that license. There must be at least one day with no sales activity between any two 10-day temporary permit periods.

(2) A dealer shall designate one name and one location as the principal name and principal place of business.

(a) All other names under which the dealer does business shall be designated and licensed as subagencies of that dealership.

(b) All other locations that are physically and geographically separated from the principal place of business shall be designated and licensed as subagencies of that dealership.

(c) If a dealer is required to obtain a subagency license under (b) of this subsection, the dealer shall not be required to obtain an additional subagency license under (a) of this subsection, unless the dealer does business under more than one name at that subagency location.

(d) The department will not require a subagency license for a name solely due to the use of a ".com" or other URL extension in an internet address; or because a dealership uses a derivative of its licensed "doing business as" name for its internet address. The website must clearly display the licensed "doing business as" name.

(3) If the dealer ceases to maintain "an established place of business" at that subagency location, it is grounds for the director to suspend, revoke, and/or deny the renewal of the subagency license of a dealership.

(4) All temporary subagencies must be covered by the bond of the dealer's principal place of business.

(5) A vehicle dealer, whether franchised or nonfranchised, that is unable to locate the dealer's used vehicle sales facilities adjacent to or at the established place of business need not obtain and hold a subagency license if:

(a) The vehicle sales lot is contained within the same city block; or

(b) Is directly across the street; or

(d) Its location is zoned properly; and

(e) The dealer bond covers the sales lot.

(6) If the sales lot referred to in subsection (5) of this section is in sight of the principal place of business, no sign is required at that sales lot.

(7) The department may require that a dealer provide evidence that each place of business conforms to all zoning and land use ordinances.

(8) Each and every subagency license of a dealership shall automatically be deemed canceled upon the termination, for whatever reason, of the principal license of that dealership.

(9) No license shall be issued to any applicant for a vehicle dealer or vehicle manufacturer license under a name that is the same as that of any dealer or manufacturer holding a current license issued pursuant to chapter 46.70 RCW.

(10) The sign at the certified location and the business telephone listing must reflect the "doing business as" (dba) name.

History

Statutory Authority: RCW 46.70.023, 46.70.083, and 46.70.160. WSR 25-20-027, s 308-66-140, filed 9/23/25, effective 10/24/25. Statutory Authority: RCW 46.70.160. WSR 10-06-058, § 308-66-140, filed 2/25/10, effective 3/28/10
WSR 04-16-090, § 308-66-140, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-140, filed 9/30/98, effective 10/31/98. Statutory Authority: RCW 46.70.160 and 46.70.023. WSR 91-20-057, § 308-66-140, filed 9/24/91, effective 10/25/91. Statutory Authority: RCW 46.70.160 and 1986 c 199 § 1. WSR 87-01-016 (Order DLR 115), § 308-66-140, filed 12/9/86
Order MV 170, § 308-66-140, filed 7/16/73
Order 69-1, § 308-66-140, filed 8/28/69
Order 2, § 308-66-140, filed 1/29/68.

Wash. Admin. Code § 308-66-145 Established place of business—Waiver procedure.

How may I obtain a place of business waiver?

(1) An applicant for a vehicle dealer license, or a licensee, who requests a waiver of any established place of business requirement(s) must submit the following to the department:

(a) All applicable documents and fees in RCW 46.70.041, 46.70.061, 46.70.070, WAC 308-66-120, and 308-66-140.

(b) A written request for the waiver, in the form of either a letter or a request completed on the department's prescribed form, which requires the following minimum information:

(i) Specific nature or type of activity the applicant intends to conduct,

(ii) Specific element(s) of the established place of business requirements requested to be waived,

(iii) Detailed statement which identifies the unique circumstances necessitating the request for waiver, and,

(iv) Any other information the department may require.

(2) Upon receipt by the department of all the required information, the director or the director's designee will review the request for waiver of any established place of business requirement(s) and issue a final determination in writing.

(3) A waiver granted under section (2) will remain in effect only as long as the unique circumstance(s) under which the waiver was originally granted have not changed or until the director terminates the waiver.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-145, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-145, filed 9/30/98, effective 10/31/98. Statutory Authority: RCW 46.70.160 and 1986 c 199 § 1. WSR 87-01-016 (Order DLR 115), § 308-66-145, filed 12/9/86.

Wash. Admin. Code § 308-66-150 Warranty practices.

(1) It shall not be considered unlawful under the provisions of RCW 46.70.180 (14)(f) for a vehicle manufacturer to provide under the terms of any warranty that a purchaser of a vehicle must make warranty claims against only the manufacturer of an integral part of a vehicle if the manufacturer of that integral part has assumed a direct warranty obligation thereon to the purchaser and does, in fact, provide facilities or agencies within the states of Washington, Oregon or Idaho to discharge such warranty obligation.

(2) No manufacturer need make reimbursement under RCW 46.70.101 (2)(j) except to dealers selling its product at retail or to the dealers holding units purchased from the manufacturer for resale at retail: Provided, however, That if the warranty agreement between the dealer and the manufacturer requires prior approval by the manufacturer, such approval must be given within a reasonable time and in no event later than ten days, except in emergency situations where the life, health, or safety of the occupant or owner requires immediate action.

History

Statutory Authority: RCW 46.70.160. WSR 96-19-025, § 308-66-150, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 - 46.70.180. WSR 90-20-086, § 308-66-150, filed 9/28/90, effective 10/29/90
Order MV-446, § 308-66-150, filed 9/16/77
Order MV 170, § 308-66-150, filed 7/16/73
Order 70-08-04, § 308-66-150, filed 8/6/70
Order 69-1, § 308-66-150, filed 8/28/69
Order 2, § 308-66-150, filed 1/29/68.

Wash. Admin. Code § 308-66-152 Unlawful practices.

(1) Examples of unlawful acts or practices, as defined by RCW 46.70.180 (1)(a), include, but are not limited to representations such as "no down payment," "a dollar down," "five dollars down," "take-over payments," "no cash out of your pocket," "no cash needed," and others of similar nature if either secondary financing or initial payment of any amount, including factory rebates in excess of that represented, is required from the purchaser. A dealer's plan to have all or a portion of the lease or selling price financed by a third party does not relieve the dealer of an obligation to refrain from this prohibited type of advertising. When any of these representations are made a payment disclosure shall be made as contained in subsection (6) of this section.

(2) Examples of unlawful acts or practices as defined by RCW 46.70.180 (1)(b), include, but are not limited to representations such as "one hundred percent financing" if the terms of the purchase or lease involve more than one security agreement and payments to more than one financing institution. When collateral in addition to the vehicle is required, it must be listed on the security agreement containing the vehicle's description, not on a separate agreement.

(3) It shall be considered false, deceptive or misleading, and thereby unlawful, to advertise with words, phrases, or initials which are not clear and conspicuous and easily comprehended by persons other than those closely allied with the vehicle industry.

(a) Clear and conspicuous within an advertisement shall mean:

(i) In the case of a television advertisement, the information required to be disclosed shall be completely disclosed audibly, visually, or a combination thereof.

(A) If made visually, shall be made in a type size sufficiently large to be read with reasonable ease; shall appear on the television screen for at least seven seconds; shall be in print type of a color or shade that contrasts readily with the background; shall not be obscured by other words or images appearing on the television screen; and

(B) If made audibly, shall be spoken with sufficient deliberateness, clarity, and volume so as to be understood by the average television listener; shall not be obscured by sounds which interfere with or distract from the disclosures being made.

(ii) In the case of a radio advertisement, the information required to be disclosed shall be spoken with sufficient deliberateness, clarity, and volume so as to be understood by the average radio listener; shall not be obscured by sounds which interfere with or distract from the disclosures being made.

(iii) In the case of a printed advertisement, the information required to be disclosed shall be made in a type size which shall be sufficiently large to be read with reasonable ease and shall be made in relatively close proximity to each of the terms which require that the disclosures be made; disclosures shall be made in such color and contrast so as not to be obscured by other words or pictures appearing in the advertisement.

(b) Examples of words, phrases, or initials which are not easily comprehended by persons other than those closely allied with the vehicle industry, and that may not be used without explaining their meaning in the same advertisement, include but are not limited to: Executive; capitalized cost reduction, o.a.c., c.f., f.o.b. The words annual percentage rate may be abbreviated to read A.P.R. or apr.

(4) Examples of false, deceptive or misleading, and thereby unlawful statements or representations within the meaning of RCW 46.70.180(1) include, but are not limited to:

(a) Advertising a used vehicle for sale that is not available at the time the advertisement is placed;

(b) Advertising a new vehicle as available for immediate delivery if it is available only on order;

(c) Advertising any offer in connection with the sale of a vehicle or model or type of vehicle without disclosing any material limitations, including, but not limited to, the time limit, or that there is no time limit on the offer;

(d) Advertising using a picture:

(i) Of a new vehicle which does not substantially show the same vehicle offered for sale; or

(ii) Of a used vehicle which is not the same vehicle offered for sale;

(e) Causing an advertisement to be placed by a dealer or dealer representative that does not identify the dealer by its complete business name, or by the word "dealer" or abbreviation "DLR";

(f) Incorporating in the dealer's name any term or designation which would have a tendency to mislead others as to the true nature of the business, such as the use of "wholesale," when a dealer's business is substantially retail, or "discount" when the price and policy of a dealer does not provide substantial discounts;

(g) Advertising a vehicle manufactured fewer than two years prior to the date of the advertisement without designating the vehicle as "used," "demo," or "demonstrator." For purposes of adequate disclosure, the appropriate quoted term must be employed. Other descriptive words, such as "executive," "lease," or "rental" may be used in conjunction therewith, but not so as to create ambiguity as to whether the vehicle is new, used, or a demonstrator.

(h) Advertising a "rebuilt vehicle" for sale with knowledge as defined in RCW 46.70.101 (1)(b)(xi) that the vehicle is rebuilt, without clearly and conspicuously disclosing "rebuilt" in the advertisement;

(i) Advertising a specific price for a specific vehicle or model or type of vehicle without designating the number of vehicles available at that price, and;

(i) Without clearly identifying the vehicles available by complete vehicle identification number, license plate number; or

(ii) Without clearly and conspicuously stating in the advertisement that such vehicle identification or license plate number for each advertised vehicle is available from the dealer upon request, and requiring that the dealer using this method of identifying vehicles keep the media advertising copy along with the vehicle identification number or license plate number of each advertised vehicle offered for a specific price. Such records shall be retained for one year following the advertisement. Dealers shall also date and post a written copy of the advertisement text and list of vehicle identification numbers or license plate numbers in a conspicuous public area at their place of business for the duration of the vehicle's availability at the advertised price: Provided, however, That a dealer need not designate the number of vehicles available or identify the vehicles available or state in the advertisement that the identification of advertised vehicles is available upon request if, in fact, an unlimited supply of such vehicles are available for immediate delivery;

(j) Selling a particular vehicle at a higher price than advertised, regardless of trade-in allowance;

(k) Adding charges, costs, or items to the advertised price, except those allowed by statute, other than the selling price of additional equipment ordered by the purchaser, sales tax, and license fees. "Additional equipment ordered by the purchaser" shall not include options already installed on the vehicle at the time of advertising;

(l) Expressing "advertised price" as a combination of:

(i) Dollar figures and words unless all component figures and the total dollar figure is expressed; or

(ii) Dollar figures and dollar figures unless all component figures and the total dollar figure is expressed;

(m) Advertising that a new vehicle or model or type of vehicle will be leased or sold for a certain amount above or below invoice or cost without:

(i) Disclosing the actual dollar amount being referred to as "invoice";

(ii) Stating the final, total price for each vehicle, which may exclude sales taxes and license fees; and

(iii) Computing invoice as the actual cost to the dealer to get each vehicle from the manufacturer.

In computing "invoice" the dealer may include the actual cost of transportation of the vehicle from the manufacturer to the dealer, but must exclude dealer holdbacks, other manufacturer incentives, optional advertising fees, dealer overhead expenses, and other similar expenses;

(n) Advertising that a new or used vehicle is reduced in price from a former price, or that the advertised price is a percentage of dollar amount savings from a former price, or words to that effect, unless the seller actually recently advertised or has records showing that vehicle has been offered for sale at the former price;

(o) Advertising or offering:

(i) Any rebate that is not payable to the consumer, which the consumer may apply to the purchase;

(ii) Any rebate that requires any financial participation by the dealer, without also clearly and conspicuously stating the following disclosure: "Dealer participation in this rebate program may increase vehicle price before rebate";

(iii) Any rebate without clearly and conspicuously stating the specific vehicle(s) or model(s) to which the rebate applies and all material limitations on and conditions of the rebate;

(iv) Multiple rebates that are applicable to the same vehicle(s) or model(s) but are not available in combination in any manner that implies that the rebates are available in combination, such as by adding them together;

(v) Any rebate other than a rebate offered by the dealer's franchise manufacturer or a financial institution that is affiliated by ownership or agreement with the dealer's franchise manufacturer;

(vi) A sum total of multiple rebates or a vehicle price that incorporates any rebate, unless each incorporated rebate meets the following requirements:

(A) For a rebate offered by a dealer's franchise manufacturer, more than fifty percent of individuals who acquired vehicles in the state of Washington from the manufacturer's franchise dealers in the preceding twelve months would have qualified for the rebate; and

(B) For a rebate offered by a financial institution that is affiliated by ownership or agreement with the dealer's manufacturer, more than fifty percent of individuals in the state of Washington who applied in the preceding twelve months to the financial institution for financing for the acquisition of a vehicle produced by the franchise manufacturer would have qualified for the rebate.

(p) Advertising that "any written price quote will be beaten," "any deal will be accepted," or that a dollar amount is guaranteed on any "push, pull or drag," trade-in, or words to that effect unless the dealer can clearly show through the records of the dealership that such is the case;

(q) Advertising a vehicle or model or type of vehicle as being available at "lowest cost," "best deal" or other words to that effect unless the dealer can clearly show through the records of the dealership that such is the case;

(r) Advertising an interest rate that is adjustable without clearly and conspicuously disclosing that the interest rate is adjustable;

(s) Advertising a vehicle or model or type of vehicle for sale at a financing rate which has been bought down by the dealer, without disclosing the actual annual percentage rate.

(5) No advertisement to aid, promote, or assist directly or indirectly any extension of credit may state:

(a) That a specific amount of credit or installment amount can be arranged unless the creditor usually and customarily arranges or will arrange credit amounts or installments for that period and in that amount; or

(b) That no down payment or that a specified down payment will be accepted in connection with any extension of credit unless the creditor usually and customarily accepts or will accept down payment in that amount.

(6) No advertisement to aid, promote, or assist directly or indirectly any credit sale of a vehicle shall state the amount or percentage of the down payment required, or that no down payment is required, the amount of any payment or the number of payments or the period of repayment, the amount of any finance charge or that there is no charge for credit, unless it states clearly and conspicuously all of the following terms:

(a) The cash price or the amount of the loan as applicable;

(b) The amount or percentage of the down payment required, or that no down payment is required, as applicable;

(d) The amount of the finance charge expressed as an annual percentage rate;

(e) The deferred payment price or the sum of the payments as applicable;

(f) The specific model or type of vehicle(s) to which the advertised offer applies; and

(g) Any other conditions material to the advertised offer.

(7) Any advertisement to aid, promote, or assist directly or indirectly a consumer lease must state clearly that the advertisement offers a lease rather than a vehicle sale.

(8) No advertisement to aid, promote, or assist directly or indirectly any consumer lease of a vehicle shall state the amount of any monthly payment, or state a capitalized cost reduction or other payment required prior to or at consummation/delivery, unless it also states the following terms:

(a) That the transaction advertised is a lease;

(b) The total amount due prior to or at consummation/delivery;

(d) A statement of whether or not a security deposit is required; and

(e) A disclosure of the lessee's liability at the end of an open-end lease.

History

Statutory Authority: RCW 46.70.160. WSR 15-16-125, § 308-66-152, filed 8/5/15, effective 9/5/15
WSR 04-16-090, § 308-66-152, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-152, filed 9/30/98, effective 10/31/98. Statutory Authority: RCW 46.70.180 and 46.70.160. WSR 91-03-019, § 308-66-152, filed 1/7/91, effective 2/7/91. Statutory Authority: RCW 46.70.160 - 46.70.180. WSR 90-20-086, § 308-66-152, filed 9/28/90, effective 10/29/90.

Wash. Admin. Code § 308-66-155 Consignment.

(1) Contract. How must I handle a consignment transaction?

(a) It shall be considered an unlawful practice within the meaning of RCW 46.70.180(2) for a vehicle dealer to accept any vehicle on consignment without first reducing the terms of the consignment to writing.

(b) All consignment contracts must include:

(i) The names of the parties to the contract including the identity of the legal owner of the consigned vehicle.

(ii) The consignor's statement that guarantees to deliver the title to the dealer-consignee upon sale of the vehicle which identifies the location of the title and states the unpaid balance owing on the vehicle, if any.

(iii) The date of the consignment agreement.

(iv) The specific effective duration of the contract.

(v) The agreed upon amount which will be paid to the consignor.

(vi) The description of the consigned vehicle, by make, model, vehicle identification number, and license number.

(vii) The signatures of the parties to the contract.

(viii) If no amount has been specified in (v) above, then the minimum retail price and the commission, fee, or compensation to which the dealer-consignee will be entitled upon the sale of the consigned vehicle.

(2) In the event the dealer-consignee and the consignor shall deem it appropriate to vary the terms of the written contract, the dealer-consignee shall obtain written authorization from the consignor prior to the sale of the subject vehicle.

(3) Requirements for selling consigned vehicles.

(a) All funds received, including deposits or payments in full or proceeds from the sale of trade-ins, must be placed in a trust account as required under RCW 46.70.180(9), and said funds must remain in that trust account until the consignor's and any lienholder interests have been fully satisfied.It shall be considered an unlawful practice for a vehicle dealer or salesperson to commingle funds received on a consigned vehicle with the assets of the dealer and/or the salesperson until all terms of the agreement have been completed.

(b) The amount due a consignor and any lienholder from the sale of the consigned vehicle must be paid by the consignee within ten days following delivery of the vehicle to the purchaser.

(c) At the same time payment is made pursuant to (b) of this subsection, the dealer must give to the consignor a copy of the purchase order used in the sale.

(4) Consignee's duty to transfer title.

(a) The sale of consigned vehicles imposes upon the consignee-dealer the same duty under RCW 46.70.122 to promptly transfer title into the name of the purchaser as in any other sale.

(b) Prior to accepting a vehicle for consignment and offering it for sale, it shall be the duty of the consignee to verify or confirm the title location. Failure to do so shall be considered an unlawful and deceptive practice under RCW 46.70.180(2).

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-155, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-155, filed 9/30/98, effective 10/31/98
WSR 96-19-025, § 308-66-155, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 and 46.70.028. WSR 91-20-057, § 308-66-155, filed 9/24/91, effective 10/25/91. Statutory Authority: RCW 46.70.160 and 1986 c 199 § 1. WSR 87-01-016 (Order DLR 115), § 308-66-155, filed 12/9/86
Order MV-352, § 308-66-155, filed 3/4/76.

Wash. Admin. Code § 308-66-157 Listing.

How do I handle a manufactured home listing?

(1) Dealer responsibilities.

(a) The listing dealer shall be responsible for negotiating the agreement between seller and purchaser as follows:

(b) All written offers shall be presented to the seller for acceptance or refusal. A copy of the agreement shall be delivered to the purchaser immediately following the purchaser's signing.

(c) A copy of the offer to purchase shall be delivered to the seller immediately following seller's signing and acceptance of purchaser's offer.

(d) A copy of the agreement to purchase bearing the signature of the seller(s) shall be delivered to the purchaser as proof that the purchaser's offer was accepted.

(e) A legible copy of the agreement to purchase shall be retained in the listing dealer's files.

(f) A copy of the agreement between purchaser and dealer to disburse any funds from the trust account to pay liens against the used mobile/manufactured home shall be retained in the dealer's files.

(2) At the time the sale is closed, the listing dealer may pay outstanding liens out of the trust account prior to paying the sale proceeds to the seller.

(3) The sale of listed vehicles imposes upon the listing dealer the same duty under RCW 46.70.122 to promptly transfer title into the name of the retail purchaser, as in any other sale.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-157, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-157, filed 9/30/98, effective 10/31/98. Statutory Authority: RCW 46.70.160 and 1986 c 199 § 1. WSR 87-01-016 (Order DLR 115), § 308-66-157, filed 12/9/86.

Wash. Admin. Code § 308-66-160 Dealer's and manufacturer's license plates.

(1) When dealer's plates are used on any vehicle being demonstrated to a prospective customer, it is not necessary that the dealer or a member of his firm accompany the prospective customer except as provided in RCW 46.70.090 (7)(c). Prospective customers, when not accompanied by a dealer or member of his firm, must be issued a demonstration permit by the dealer authorizing them to operate the vehicle for a period not to exceed seventy-two hours for the purpose of demonstration and possible purchase.

(2) When a dealer receives a vehicle bearing foreign license plates, such plates must be covered by the dealer's plates while that vehicle is being demonstrated. Upon the sale of the vehicle, the foreign plates shall be removed and destroyed by the dealer prior to the delivery of the vehicle. When foreign-plated vehicles are sold to residents of a state whose plate is so displayed on the vehicle and the purchaser returns the vehicle immediately to his home state for use there and not in Washington, the dealer may deliver the vehicle with foreign plates attached if either one of two conditions is also met. The conditions are:

(a) The purchaser must sign a nonresident affidavit to apply to their home state's vehicle licensing authority to register the vehicle in their own name, or

(b) The purchaser must have obtained a trip permit to move the vehicle from the dealer's place of business to the purchaser's own state.

(3) A dealer, corporate officer, member of a limited liability company; or spouse of the dealer, corporate officer, or member of a limited liability company; or an employee of a dealer must carry a vehicle dealer identification card when operating any vehicle bearing dealer plates.

(4) Dealer plates may not be used on any vehicle belonging to a member of the dealer's family.

(5) Dealer plates may not be used on any vehicle owned by the dealer if such vehicle is used exclusively by members of the dealer's family.

(6) Vehicles bearing dealer's plates may not be loaned to the dealer's service customers.

(7) Dealers are required to provide accurate records reflecting the use of dealer plates.

(8) Pursuant to RCW 46.70.090, testing vehicles for repair is limited to testing for a preexisting, identifiable problem known to the vehicle dealer or manufacturer before the testing is to begin. In addition, vehicle manufacturers may test vehicles for purposes of product evaluation/performance and problem identification, as long as loads are within the legal limits, no commercial hauling is involved, and a company employee with identification is driving the vehicle.

History

Statutory Authority: RCW 46.70.160. WSR 05-23-088, § 308-66-160, filed 11/16/05, effective 12/17/05
WSR 04-16-090, § 308-66-160, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-160, filed 9/30/98, effective 10/31/98
WSR 96-19-025, § 308-66-160, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 and 46.70.090. WSR 91-20-057, § 308-66-160, filed 9/24/91, effective 10/25/91. Statutory Authority: RCW 46.70.160. WSR 86-21-025 (Order DLR-114), § 308-66-160, filed 10/8/86
Order MV 170, § 308-66-160, filed 7/16/73
Order 70-08-04, § 308-66-160, filed 8/6/70
Order 69-1, § 308-66-160, filed 8/28/69
Order 2, § 308-66-160, filed 1/29/68.

Wash. Admin. Code § 308-66-165 Vehicle sales transactions.

How do I report vehicle sales for purposes of renewing my dealer license? To report sales for purposes of license renewal as required by RCW 46.70.083, the dealer will report the number of vehicles leased and sold at both retail and wholesale during the twelve-month period ending sixty days prior to the expiration of the license, for each license classification held by the dealer.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-165, filed 8/3/04, effective 9/3/04. Statutory Authority: RCW 46.70.160 and 1991 c 140. WSR 91-20-057, § 308-66-165, filed 9/24/91, effective 10/25/91.

Wash. Admin. Code § 308-66-170 Denial, suspension or revocation of license.

(1) When the license of a vehicle dealer has been suspended or revoked, the department shall post a closure notice at or near the principal entry to the place of business. Such notice shall include a statement that the dealership is closed as to the sale of vehicles because of the suspension or revocation of a license. In case of a suspension, the duration of the suspension shall be stated on the notice. A dealer shall not remove any closure notice without permission from an authorized representative of the director.

(2) Practices inimical to the health and safety of the citizens of the state of Washington pursuant to RCW 46.70.101 (1)(b)(viii) and (2)(k) shall include, but not be limited to, failure to comply with the following federal and state standards, as presently constituted and as hereafter amended, amplified or revised, pertaining to the construction and safety of vehicles:

(a) "Federal motor vehicle safety standards," 49 Code of Federal Regulations, part 571;

(b) "Control of air pollution from new motor vehicles and new motor vehicle engines," 40 Code of Federal Regulations, part 85;

(d) Rules and regulations adopted by the Washington state patrol pursuant to RCW 46.37.005, Title 204 WAC;

(e) "Mobile/manufactured homes, commercial coaches, park trailers, and recreational vehicles," chapter 296-150B WAC;

(f) Housing and Community Development Act of 1974, Public Law 93-383, Title VI Mobile home construction and safety standards, §§ 603, 604, 610, 615, 616, 617.

(3) The department may deny a temporary subagency license if it is not applied for at least ten days prior to the sales event that requires the license.

History

Statutory Authority: RCW 46.70.160. WSR 10-06-058, § 308-66-170, filed 2/25/10, effective 3/28/10
WSR 98-20-039, § 308-66-170, filed 9/30/98, effective 10/31/98
WSR 96-19-025, § 308-66-170, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 and 46.70.101. WSR 91-20-057, § 308-66-170, filed 9/24/91, effective 10/25/91. Statutory Authority: RCW 46.70.160 and 1986 c 199 § 1. WSR 87-01-016 (Order DLR 115), § 308-66-170, filed 12/9/86
Order MV-446, § 308-66-170, filed 9/16/77
Order MV 170, § 308-66-170, filed 7/16/73
Order 2, § 308-66-170, filed 1/29/68.

Wash. Admin. Code § 308-66-175 Buyer's agent—Standard disclosures.

Must a buyer's agent disclose their activities? The written agreement between a buyer's agent and its customer shall contain precisely the following disclosure language in a single paragraph on the first page of the agreement, in a type size sufficiently large to be read with reasonable ease:

NOTICE to customers concerning the nature and scope of BUYER'S AGENT activity. A licensed bonded vehicle dealer may act as a buyer's agent to arrange for you to purchase a new vehicle.

Your agreement with the buyer's agent must:

| • | Be in writing. | | --- | --- | | • | Set forth the terms of the agreement. | | • | Disclose total fees or other compensation to be received from you. | | • | State whether or not any portion of the fee is refundable. |

While arranging for you to purchase your new vehicle the buyer's agent must not:

| • | Receive or pay any vehicle purchase moneys. | | --- | --- | | • | Sign any vehicle purchase order, contract, odometer statement or title document. | | • | Have the name of the buyer's agent appear on the purchase order, sales contract or title. | | • | Sign any other document relating to the purchase, sale or transfer of the new vehicle. | | • | Use a power of attorney (POA) to do any of the above prohibited acts. However, the buyer's agent may use a POA to deliver the license plates to the customer. |

The buyer's agent must not:

| • | Pay to or receive from a dealer any purchase moneys, fees, gratuities or rewards. | | --- | --- | | • | Claim or state that the buyer's agent offers, obtains or guarantees the lowest price. | | • | Arrange for a new vehicle through an out-of-state dealer without disclosing to the customer in writing that the vehicle will not have Washington state lemon law coverage. |

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-175, filed 8/3/04, effective 9/3/04. Statutory Authority: RCW 46.70.180(13) as amended in 1995 by SHB 2179. WSR 96-24-041, § 308-66-175, filed 11/27/96, effective 12/28/96.

Wash. Admin. Code § 308-66-177 Trust account.

The deposit trust account required by RCW 46.70.180(9) must be established and maintained within Washington state.

History

Statutory Authority: RCW 46.70.160. WSR 07-03-119, § 308-66-177, filed 1/22/07, effective 2/22/07.

Wash. Admin. Code § 308-66-180 Record of transactions.

(1) The record of the purchase and sale of a vehicle maintained by a dealer must include, but not be limited to:

(a) A description of the vehicle, which shall include those items of description required on the Washington application for title, and in the case of a retail sale requiring a title transfer, a copy of the computer-generated title application processed by a license agent showing fees paid to the state;

(b) The Washington license plate number assigned to the vehicle upon transfer;

(c) The required odometer statement disclosure form which shall conform to 49 Code of Federal Regulations, part 580, and in WAC 308-56A-640 or if a licensed vehicle dealer auction company conducting wholesale consignment sales, the odometer disclosure record for such sales as required in 49 Code of Federal Regulations, part 580.9 and in WAC 308-56A-670;

(d) All purchase orders must be dated and include the business name of the dealer and a description of any trade-in vehicle by year, make and vehicle identification number.

(2) A record of the purchase and sale of a vehicle must be maintained on all transactions, whether at retail or wholesale; and must be available for inspection and copying by representatives of the department of licensing during normal business hours.

(3) Any such records kept electronically must be made available in hard copy upon request of a representative of the department of licensing.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-180, filed 8/3/04, effective 9/3/04
WSR 96-19-025, § 308-66-180, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160. WSR 90-24-054, § 308-66-180, filed 12/3/90, effective 1/3/91. Statutory Authority: RCW 46.70.160 and 1986 c 199 § 1. WSR 87-01-016 (Order DLR 115), § 308-66-180, filed 12/9/86
Order MV 170, § 308-66-180, filed 7/16/73
Order 2, § 308-66-180, filed 1/29/68.

Wash. Admin. Code § 308-66-182 Records—Buyer's agents.

Dealers shall keep for a period of five years the following records concerning their buyer's agent activities:

(1) A copy of the required written agreement with the customer.

(2) A record of any fees received from the customer.

History

Statutory Authority: RCW 46.70.180(13) as amended in 1995 by SHB 2179. WSR 96-24-041, § 308-66-182, filed 11/27/96, effective 12/28/96.

Wash. Admin. Code § 308-66-190 Transfer of certificate of title by dealer.

How is the transfer to be done? (1) When a vehicle displaying current Washington plates is sold, leased or otherwise disposed of by a dealer, the dealer must make an application for a certificate of title in the purchaser's or lessee's name within forty-five calendar days commencing with the sale, lease or disposal of the vehicle. The date on which the selling dealer physically delivers the vehicle to the customer/purchaser/lessee must commence the forty-five day interval in which the selling or leasing dealer must make an application for a certificate of title in the purchaser's or lessee's name. Under the following conditions a dealer may be granted an additional interval, not to exceed forty-five days in which to apply for title in the customer's name:

(a) The lien holder fails to deliver the vehicle title to the dealer within the time period for title transfer; and

(b) The dealer has satisfied the lien; and

(c) The dealer has proof that payment of the lien was made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied; or

(d) The director may excuse any situations in which applications are delayed for reasons beyond the control of the dealer.

(2) The dealer must in every case sign or type their name on the dealer's report of sale on the title application accompanying the transfer. If an authorized agent signs for the dealer, they must give their title.

(3) The dealer shall provide a vehicle odometer disclosure statement with the title application as required by RCW 46.12.124.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-190, filed 8/3/04, effective 9/3/04. Statutory Authority: RCW 46.70.160 and 46.70.110. WSR 99-02-049, § 308-66-190, filed 1/5/99, effective 2/5/99. Statutory Authority: RCW 46.70.160. WSR 96-19-025, § 308-66-190, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 and 46.70.124. WSR 94-21-055, § 308-66-190, filed 10/13/94, effective 11/13/94. Statutory Authority: RCW 46.70.160, 46.12.120 and [46.12].124. WSR 91-20-057, § 308-66-190, filed 9/24/91, effective 10/25/91. Statutory Authority: RCW 46.70.160. WSR 90-24-054, § 308-66-190, filed 12/3/90, effective 1/3/91
WSR 90-10-013, § 308-66-190, filed 4/20/90, effective 5/21/90
Order MV 170, § 308-66-190, filed 7/16/73
Order 2, § 308-66-190, filed 1/29/68.

Wash. Admin. Code § 308-66-195 Possession of certificates of ownership.

How do I possess such documents? (1) A vehicle dealer must have possession of a separate certificate of ownership for each used vehicle kept in the dealer's inventory unless the certificate of ownership is in the possession of the person holding a security interest in the dealer's inventory. Possession is accomplished by the dealer obtaining either:

(a) A separate certificate of ownership in the name of the dealer, or the dealer's immediate vendor, properly assigned; or

(b) Evidence that the dealer owns the vehicle, such as a bill of sale or purchase order, together with evidence that the dealer has satisfied or paid off any lienholder on the vehicle.

(2) If there is a lienholder on any vehicle acquired by the dealer, the dealer must obtain possession of the title by paying off any balance due to the lienholder no later than the close of the second business day following the date of acquisition of the vehicle by the dealer. For purposes of this section, if a dealer takes possession of a vehicle as a trade-in, a dealer acquires that trade-in vehicle when the dealer takes possession of the vehicle and unconditionally sells another vehicle for which the trade-in vehicle is part of the price in accordance with RCW 46.70.180(4).

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-195, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-195, filed 9/30/98, effective 10/31/98. Statutory Authority: RCW 46.70.160 and 46.70.124. WSR 94-21-055, § 308-66-195, filed 10/13/94, effective 11/13/94
Order MV 170, § 308-66-195, filed 7/16/73.

Wash. Admin. Code § 308-66-200 Assignment of vehicle to another dealer.

How is the assignment to be done? When a dealer sells a vehicle to a second dealer, the first dealer must complete and sign the assignment, either on the secure title, on an odometer extension form or on an equivalent document if the vehicle is exempt from requiring an odometer disclosure. The retailing dealer shall complete the dealer's report of sale when applying for certificate of ownership into the name of the purchaser.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-200, filed 8/3/04, effective 9/3/04
WSR 96-19-025, § 308-66-200, filed 9/9/96, effective 10/10/96
Order MV 170, § 308-66-200, filed 7/16/73
Order 2, § 308-66-200, filed 1/29/68.

Wash. Admin. Code § 308-66-210 Statement of change in business structure, ownership interest or control.

When do I report such a change? (1) With the exception of a corporation any person licensed as a dealer under chapter 46.70 RCW must, within ten days following any change in its business structure, file a new application and pay original licensing fees under the new entity.

(2) In addition, any new principals including, but not limited to, new corporate officers, directors, managing partners, members or trustees, must, within ten days of assuming such function, file a personal and criminal history statement.

(3) Any person licensed as a vehicle manufacturer pursuant to chapter 46.70 RCW must inform the department in writing within ten days of the change to:

(a) The business structure of the licensee company and must file a new application and pay original licensing fees under the new entity;

(b) The mailing address of the licensee;

(c) The name and address of employees or agents designated pursuant to RCW 46.70.041 and 46.70.101 to provide service or repairs to vehicles located within the state of Washington. However, if the licensee requires warranty service to be performed by all of its dealers pursuant to current service agreements on file with the department, it need not advise the department of changes in such employees or agents.

(4) Any and all changes affecting the applicability of a surety bond shall be reflected by appropriate endorsement to such bond.

History

Statutory Authority: RCW 46.70.160 and 46.01.110. WSR 16-16-102, § 308-66-210, filed 8/2/16, effective 9/2/16. Statutory Authority: RCW 46.70.160. WSR 07-03-119, § 308-66-210, filed 1/22/07, effective 2/22/07
WSR 04-16-090, § 308-66-210, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-210, filed 9/30/98, effective 10/31/98
WSR 96-19-025, § 308-66-210, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 and 1986 c 199 § 1. WSR 87-01-016 (Order DLR 115), § 308-66-210, filed 12/9/86
Order MV 170, § 308-66-210, filed 7/16/73
Order 70-08-04, § 308-66-210, filed 8/6/70
Order 69-1, § 308-66-210, filed 8/28/69
Order 2, § 308-66-210, filed 1/29/68.

Wash. Admin. Code § 308-66-211 Termination of business.

What if I terminate the business? A dealer or a manufacturer who terminates the business shall return the license and special license plates to the department, for cancellation, within ten business days of such termination.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-211, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-211, filed 9/30/98, effective 10/31/98
WSR 96-19-025, § 308-66-211, filed 9/9/96, effective 10/10/96
Order MV 170, § 308-66-211, filed 7/16/73
Order 70-08-04, § 308-66-211, filed 8/6/70.

Wash. Admin. Code § 308-66-212 Sale, transfer or other disposition of noncorporate licensee.

When does such a transfer require a new license? Upon the sale, transfer or other disposition of fifty-one percent ownership interest in a noncorporate licensee, a new application for the appropriate license is required and the fee will be the same as for an original application.

The special license plates issued to the original licensee(s) may be assigned to the new license upon request.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-212, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-212, filed 9/30/98, effective 10/31/98
WSR 96-19-025, § 308-66-212, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 and 46.70.041. WSR 91-20-057, § 308-66-212, filed 9/24/91, effective 10/25/91
Order MV 170, § 308-66-212, filed 7/16/73
Order 70-08-04, § 308-66-212, filed 8/6/70.

Wash. Admin. Code § 308-66-214 Incorporation of licensee while licensed.

What if I incorporate while licensed? A licensee which incorporates or forms a limited liability company while licensed shall file a new application for the appropriate license and the fee will be the same as for an original application.

The special license plates issued to the original licensee(s) may be assigned to the new licensee upon request.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-214, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-214, filed 9/30/98, effective 10/31/98
WSR 96-19-025, § 308-66-214, filed 9/9/96, effective 10/10/96. Statutory Authority: RCW 46.70.160 and 46.70.041. WSR 91-20-057, § 308-66-214, filed 9/24/91, effective 10/25/91
Order MV 170, § 308-66-214, filed 7/16/73
Order 70-08-04, § 308-66-214, filed 8/6/70.

Wash. Admin. Code § 308-66-220 Display of vehicles by combination wrecker-dealer.

A dealer who is also an auto wrecker shall keep vehicles held for resale physically separated from vehicles which have been or are to be dismantled for parts. Vehicles not in running condition are to be stored within the segregated area of the fenced wrecking area per WAC 308-63-070(8).

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-220, filed 8/3/04, effective 9/3/04
Order 70-08-04, § 308-66-220, filed 8/6/70
Order 2, § 308-66-220, filed 1/29/68.

Wash. Admin. Code § 308-66-225 Remanufactured vehicles in whole or in part.

What is the nature of remanufacturing? (1) If the remanufacturing process of the vehicle will involve the removal, destruction, or concealment of any identification number, the parts shall be inspected by an authorized member of the Washington state patrol prior to the removal, destruction, or concealment of the number.

(2) At no time shall a vehicle that falls within the purview of WAC 308-56A-455 (assembled or homemade) or 308-56A-460 (total loss rebuilt) be considered remanufactured by a manufacturer.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-225, filed 8/3/04, effective 9/3/04. Statutory Authority: RCW 46.70.160 and 1986 c 199 § 1. WSR 87-01-016 (Order DLR 115), § 308-66-225, filed 12/9/86.

Wash. Admin. Code § 308-66-227 Disclosure of title brands.

How must I disclose title brands when I sell a vehicle at retail or wholesale? Any title brand required in RCW 46.70.101 (1)(b)(xi) must be clearly disclosed on the face of the purchase order.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-227, filed 8/3/04, effective 9/3/04
WSR 98-20-039, § 308-66-227, filed 9/30/98, effective 10/31/98
WSR 96-19-025, § 308-66-227, filed 9/9/96, effective 10/10/96.

Wash. Admin. Code § 308-66-240 Bond cancellation, closure notice.

(1) When the department of licensing has received notification from a bonding company that a dealer's bond has been cancelled or the bond has expired and has not been renewed or a replacement bond has not been received with no lapse in coverage, the department shall notify the licensee to surrender the certificate issued for each license classification and dealer plates to the department.

(2) A bond cancellation closure notice may be posted by the department at the established place of business and shall remain in effect until the license and bond has been reinstated or when the current license expires.

(3) The closure notice will not be posted if the licensee voluntarily surrenders the license certificate and dealer plates and signs a statement that he/she does not plan to obtain a replacement bond or conduct further business.

History

Statutory Authority: RCW 46.70.160. WSR 98-20-039, § 308-66-240, filed 9/30/98, effective 10/31/98. Statutory Authority: RCW 46.70.160 and 46.70.070. WSR 91-20-057, § 308-66-240, filed 9/24/91, effective 10/25/91.

Wash. Admin. Code § 308-66-250 Internet business.

Is a license required for an internet business? The department will require a Washington state dealer license for an internet business that has no physical presence in this state if that business:

(1) Brings together a Washington state customer with a licensed Washington state dealer; and

(2) Receives compensation from the customer or the dealer resulting from the actual sale or lease of a vehicle; or

(3) In any event acts as a vehicle dealer as defined in existing Washington state statutes and rules.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-250, filed 8/3/04, effective 9/3/04.

Wash. Admin. Code § 308-66-260 Dealer license plates—Waiver procedure.

How do I request more than my allotted number of dealer license plates? (1) A licensed vehicle dealer may request a waiver of the three dealer license plates or six percent or sales formula in RCW 46.70.090(2).

The request:

(a) Must be in writing; and

(b) Must explain why the statutory formula does not satisfy the business needs of the dealer; and

(d) Must project how may vehicles are expected to be sold in the next twelve months; and

(e) Must state how many additional dealer license plates are desired as essential for the continued operation of the dealer's business.

(2) Upon receipt of a request for a waiver, the director or the director's designee will review the request and issue a final determination in writing.

(3) A waiver granted under subsection (2) of this section will remain in effect only as long as the circumstance(s) under which the waiver was originally granted have not changed or until the director terminates the waiver.

History

Statutory Authority: RCW 46.70.160. WSR 04-16-090, § 308-66-260, filed 8/3/04, effective 9/3/04.

Wash. Admin. Code § 308-66-270 Vehicle industry organization—Definition.

The term "vehicle industry organization" means a dues-based business representing the interests of Washington state vehicle dealers that is licensed or registered to conduct business in Washington.

History

Statutory Authority: RCW 46.70.170 and 46.70.79 [46.70.079]. WSR 12-24-041, § 308-66-270, filed 11/29/12, effective 1/1/13.

Wash. Admin. Code § 308-66-280 Course and education provider approval required.

(1) Education providers must:

(a) Meet the definition of a vehicle industry organization;

(b) Submit a vehicle dealer course curriculum to the department for approval; and

(2) The director or designee will approve, conditionally approve or disapprove the course content and the education provider based upon criteria established within this chapter. The department will notify the education provider, in writing, of the department's decision and determining factors.

(3) The approval of the education provider and the course will expire three years after the effective date of approval by the department. To renew for an additional three year period, the provider must submit course curriculum and materials as outlined in this chapter.

History

Statutory Authority: RCW 46.70.170 and 46.70.79 [46.70.079]. WSR 12-24-041, § 308-66-280, filed 11/29/12, effective 1/1/13.

Wash. Admin. Code § 308-66-290 General requirements for course approval.

(1) The application for course approval must be submitted by an education provider that meets the definition of a vehicle industry organization.

(2) The course curriculum must provide for a minimum of either eight hours of initial classroom instruction or five hours of yearly update education, or both.

(3) The curriculum must include a comprehensive test, approved by the department, at the end of the initial eight hour instruction which covers the minimum course curriculum elements.

(4) The minimum course curriculum elements are related to vehicle industry practices in the following areas:

(a) Types of vehicle dealer licenses;

(b) Completing the vehicle dealer application;

(d) Federal Trade Commission (FTC) regulations;

(e) Unlawful vehicle dealer activities;

(f) Motor vehicle advertising laws;

(g) Vehicle titling and registration, and use of the electronic vehicle permitting system;

(h) Vehicle warranties;

(i) Standard industry forms;

(j) Trust accounts;

(k) Use of vehicle dealer plates;

(l) Selling vehicles on consignment;

(m) Vehicle financing.

(5) The development of the course curriculum and the test will be a collaborative effort subject to periodic review by both the department and the education provider.

(6) The education provider is responsible for ensuring the curriculum reflects accurate, complete and current information regarding federal and state laws, industry standards and best practices. Changes or updates must occur within thirty days after the effective date of a change in federal, state, or local statutes or rules.

(7) The education provider is responsible for furnishing students with the instruction materials for the approved courses.

(8) The education provider must issue a certificate to the student upon successful completion of the course.

History

Statutory Authority: RCW 46.70.170 and 46.70.79 [46.70.079]. WSR 12-24-041, § 308-66-290, filed 11/29/12, effective 1/1/13.

Wash. Admin. Code § 308-66-300 Disciplinary action—Procedures—Investigation.

(1) The department has the authority on its own initiative or upon complaint to investigate or audit any course to determine compliance with chapter 46.70 RCW and with the rules and regulations of this chapter.

(2) Complaints from students or citizens concerning approved courses must be made in writing to the department and contain the following information:

(a) Complainant's name, address, and telephone number;

(b) Education provider name, address, and telephone number;

(d) Nature of the complaint and pertinent information supporting the complaint;

(e) An explanation of what efforts, if any, were taken to resolve the problem with the education provider; and

(f) Copies of pertinent documents, publications, and advertisements.

History

Statutory Authority: RCW 46.70.170 and 46.70.79 [46.70.079]. WSR 12-24-041, § 308-66-300, filed 11/29/12, effective 1/1/13.

Wash. Admin. Code § 308-66-310 Grounds for denial or withdrawal of education provider or course material.

(1) Course or education provider approval may be denied or withdrawn if the education provider:

(a) Has had any disciplinary action taken against his or her license in this or any other jurisdiction;

(b) Falsified any student records or classroom hour certificates;

(d) Attempted in any manner to either impart to any student candidate, the content of or answer to any test question(s), or both;

(e) Violated any provision in chapter 46.70 RCW or the rules promulgated thereunder;

(f) Failed to cooperate with the department in any investigation or hearing;

(g) Has been convicted of a crime within the preceding ten years;

(h) Violated provisions of any local, state, or federal antidiscrimination law;

(i) Continued to teach or offer any vehicle industry subject matter whereby the interests of the public are endangered, after the director, by order in writing, stated objections to the continuing subject matter;

(j) Offered, sold, or awarded any classroom hours without requiring the student to successfully complete the hours for which the course was approved;

(k) Accepted registration fees but did not supply the service or failed to refund the fees, in accordance with the education provider's published refund policy, or both;

(l) Represented in any manner that the education provider is associated with a college or university unless it meets the standards and qualifications of, and has been approved by, the state agency having jurisdiction;

(m) Represented that an education provider is recommended or endorsed by the state of Washington or by the department, provided that a school authorized to provide education under this chapter may state: "This school is approved under chapter 46.70 RCW;"

(n) Advertised, published, printed, or distributed false or misleading information regarding the education provider or course material;

(o) Advertised the availability of credit in any manner without affixing the educator name as approved by the department;

(p) Failed to teach a course consistent with the approved course content or curriculum;

(q) Failed to update curriculum for a change in statute or rules within thirty days of the effective date.

(2) The department also has the authority to withdraw a course approval or education provider approval if it was approved through the mistake or inadvertence of the director.

History

Statutory Authority: RCW 46.70.170 and 46.70.79 [46.70.079]. WSR 12-24-041, § 308-66-310, filed 11/29/12, effective 1/1/13.

Wash. Admin. Code § 308-66-320 Hearing procedure.

Upon notice of education provider or course denial, conditional approval, disapproval or withdrawal of course approval, the provider or proposed provider is entitled to a hearing conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW.

(1) The provider or proposed provider can exercise the right to a hearing under this section by requesting, in writing, a hearing within twenty days after receipt of notice.

(2) Appeal of the hearing outcome would be through a judicial review under the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

History

Statutory Authority: RCW 46.70.170 and 46.70.79 [46.70.079]. WSR 12-24-041, § 308-66-320, filed 11/29/12, effective 1/1/13.

Wash. Admin. Code § 308-66-330 Record retention.

(1) Each education provider must:

(a) Maintain each student's record and each edition of any education related publication for a minimum of three years; and

(b) Provide a copy of a student's record to the student upon request.

(2) Student records must include:

(a) Full name, address, telephone number, and email address (optional) of the student;

(b) Date of attendance and the date of registration agreement;

History

Statutory Authority: RCW 46.70.170 and 46.70.79 [46.70.079]. WSR 12-24-041, § 308-66-330, filed 11/29/12, effective 1/1/13.

Chapter 308-67 Vehicle dealer manufacturer franchise disputes.

Wash. Admin. Code § 308-67-010 Petition fee—Vehicle manufacturers and dealers.

The filing fee for petitioning the department of licensing concerning franchise disputes pursuant to chapters 46.93 and 46.96 RCW is $500.00.

History

Statutory Authority: 2003 c 354 § 3(1). WSR 06-21-037, § 308-67-010, filed 10/10/06, effective 11/10/06. Statutory Authority: 1989 c 415 §§ 4, 11(6), 18(4) and 19. WSR 90-03-022, § 308-67-010, filed 1/10/90, effective 2/10/90.

Chapter 308-70 Scrap metal business—Recycler—Processor—Supplier.

Wash. Admin. Code § 308-70-110 Definitions.

(1) Employee means an employee of a scrap metal business who is a person who appears on the payroll records of the business as an employee and for whom Social Security, withholding tax, and all deductions required by law have been made.

(2) Agent, other than an authorized agent of the department of licensing, means a person who presents written authorization from the business bearing the business's official title (i.e., logo, letterhead, etc.).

(3) Department means the department of licensing of the state of Washington.

(4) Director means the director of the department of licensing of the state of Washington.

(5) Normal business hours - Processors and recyclers only. For purposes of inspection of a licensee's licensed premises and records, business hours must be 8:00 a.m. to 5:00 p.m., except for weekends and holidays, unless otherwise posted. Business hours must be posted at the licensee's place of business. This business hour requirement does not apply to suppliers.

(6) Scrap metal - As used in this chapter, scrap metal means any used metal, as defined in chapter 19.290 RCW, that is no longer useful as it was intended to be used in its original manufactured form, or that is commonly aggregated for sale based on its intrinsic value to be converted into another form and diverted from the waste stream for recycling purposes.

(7) Common carrier means any person who undertakes to transport property for the general public by motor vehicle for compensation as outlined in chapter 81.80 RCW. For the purposes of this chapter, common carriers licensed under the provisions of chapter 81.80 RCW are exempt from the scrap metal licensing requirements when transporting scrap metal for hire.

History

Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-110, filed 11/21/13, effective 1/1/14.

Wash. Admin. Code § 308-70-120 Scrap metal business—Application for license.

The application for a scrap metal business's license shall contain, in addition to any other information the department may require, evidence the application is approved by the local government planning and zoning authorities pursuant to the provisions of the State Environmental Policy Act, chapter 43.21C RCW.

History

Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-120, filed 11/21/13, effective 1/1/14.

Wash. Admin. Code § 308-70-130 Fees.

The following fees shall be charged by the department of licensing:

| Processor and Recycler Application, Initial | $1,290.00 | | --- | --- | | Processor and Recycler Application, Renewal | $665.00 | | Supplier Application, Initial | $390.00 | | Supplier Application, Renewal | $205.00 |

History

Statutory Authority: RCW 46.01.110 and 46.79.160. WSR 26-07-032, s 308-70-130, filed 3/11/26, effective 4/11/26. Statutory Authority: RCW 46.01.011, 46.80.040, 46.80.050, 46.79.040, and 46.79.050. WSR 24-18-003, § 308-70-130, filed 8/21/24, effective 9/21/24. Statutory Authority: RCW 43.24.086. WSR 22-24-039, § 308-70-130, filed 11/30/22, effective 12/31/22. Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-130, filed 11/21/13, effective 1/1/14.

Wash. Admin. Code § 308-70-140 Established place of business.

(1) Scrap metal processor.

(a) A scrap metal processor's established place of business is a place where:

(i) Scrap metal property may be stored lawfully; and

(ii) Hydraulic balers, shears, or shredders for recycling scrap metal property may be used lawfully.

(b) There must be a building in which:

(i) The scrap metal processor's license is conspicuously displayed;

(ii) An owner or employee is available during normal business hours; and

(iii) The business books and records, as defined in chapter 19.290 RCW, are kept and made available for inspection during normal business hours.

(c) There must be an exterior sign with the business name that is clearly visible to the major avenue of traffic during business hours.

(d) The business's operating hours must be clearly posted.

(2) Scrap metal recycler.

(a) A scrap metal recycler's established place of business is a place where scrap metal property may be stored lawfully.

(b) There must be a building in which:

(i) The scrap metal recycler's license is conspicuously displayed;

(ii) An owner or employee of the business is available during normal business hours; and

(iii) The business books and records are kept and made available for inspection during normal business hours.

(c) There must be an exterior sign with the business name that is clearly visible to the major avenue of traffic during business hours.

(d) The business's operating hours must be clearly posted.

(3) Scrap metal supplier. A scrap metal supplier's established place of business is:

(a) An address at which the scrap metal supplier receives mail and can normally be reached; and

(b) Where the business books and records, as defined in chapter 19.290 RCW, are kept and made available for inspection.

(4) The director may waive any requirements pertaining to a scrap metal business's established place of business if such waiver both serves the purposes of this chapter and is necessary due to unique circumstances.

History

Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 380-70-140 (codified as WAC 308-70-140), filed 11/21/13, effective 1/1/14.

Wash. Admin. Code § 308-70-150 Record of transactions.

Any records originally created and retained electronically must be made available in hard copy upon the request of any designated authority named in chapter 19.290 RCW.

History

Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-150, filed 11/21/13, effective 1/1/14.

Wash. Admin. Code § 308-70-160 Scrap metal business license plates.

(1) Each plate set must be renewed annually. The cost for each plate set is five dollars.

(2) The scrap metal business plates may be split, with one being displayed on the front of the towing vehicle and the other on the rear of the vehicle being towed.

History

Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-160, filed 11/21/13, effective 1/1/14.

Wash. Admin. Code § 308-70-170 Expiration of scrap metal business license.

(1) The scrap metal business license expiration is established by the business licensing service upon department approval of the license. Proration of fees may be necessary to align the scrap metal business license expiration with other licenses held by the business. The license will expire annually after any initial proration process.

(2) Any special license plates issued to a scrap metal business shall expire on the same date as the expiration of the scrap metal business license.

History

Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-170, filed 11/21/13, effective 1/1/14.

Wash. Admin. Code § 308-70-180 Change of address.

A licensee must notify the department within ten days of any change of address of any business location or of the addition of a new location.

History

Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-180, filed 11/21/13, effective 1/1/14.

Wash. Admin. Code § 308-70-190 Statement of change in business structure, ownership interest, or control.

A licensee must, within ten days of any change in its business ownership or structure, file with the department a statement that specifically describes the change that has occurred in its business structure or in its ownership interest.

History

Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-190, filed 11/21/13, effective 1/1/14.

Wash. Admin. Code § 308-70-200 Change in business structure while licensed.

Upon a change of business structure of a licensed scrap metal business, the licensee must apply for a new license and pay original licensing fees under the new entity. Examples of a change of business structure include, but are not limited to, changing from a sole proprietorship to a corporation, a corporation to a limited liability company, or if a partner or partners in a partnership change. The firm may request to keep the previous license number.

History

Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-200, filed 11/21/13, effective 1/1/14.

Wash. Admin. Code § 308-70-210 Sale, transfer or other disposition of a sole proprietorship license.

Upon the sale, transfer or other disposition of a sole proprietorship licensee's scrap metal business:

(1) The purchaser or transferee must file a new application for a license; the fees are the same as for an original application.

(2) The former owner must surrender to the department all special license plates. The new owner or transferee must purchase new plates in the new licensee's name.

History

Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-210, filed 11/21/13, effective 1/1/14.

Wash. Admin. Code § 308-70-220 Closure of business.

Within ten business days of the closure of a scrap metal business, the business must return the license and the special license plates to the department for cancellation.

History

Statutory Authority: Chapter 19.290 RCW and RCW 43.24.086. WSR 13-24-014, § 308-70-220, filed 11/21/13, effective 1/1/14.

Chapter 308-77 Fuel tax rules and regulations.

Wash. Admin. Code § 308-77-005 Definitions.

(1) "Biodiesel" a nonpetroleum-based diesel fuel consisting of short chain alkyl (methyl or ethyl) esters, made by transesterification of vegetable oil or animal fat (tallow), which can be used alone, or blended with conventional petro-diesel in unmodified diesel-engine vehicles.

(2) "Billed gallons" a gallon of fuel, whether net or gross as billed to the purchaser.

(3) "Ethanol" an anhydrous denatured aliphatic alcohol intended for gasoline blending.

(4) "Export" means to obtain fuel in this state for sale or distribution outside this state. To be considered an "export" and qualify for exemption from the fuel tax, fuel obtained outside the bulk transfer terminal system must be physically off-loaded in the destination state, province, or foreign country. The exporter must be licensed or registered, if required, in the state, province, or country of destination.

(5) "Gasoline" means finished gasoline and gasoline blendstocks as defined in Code of Federal Regulations (C.F.R.) 48.4081. Finished gasoline means all products (including gasohol) that are commonly or commercially known or sold as gasoline and are suitable for use as motor vehicle fuel. The product must have an octane rating of 75 or more.

(6) "Gross gallons" a standard gallon unit of petroleum of 231 cubic inches as measured at the terminal rack.

(7) "Invoice" means any document, paper or electronic, proving the ownership transfer of fuel.

(8) "Motor vehicle fuel" is any product sold as gasoline and fuel ethanol. The blending of any products or chemicals with gasoline or any other flammable liquid when the resultant product is sold or used for the propulsion of motor vehicles is considered a motor vehicle fuel subject to the provisions of chapter 82.38 RCW.

(9) "Net gallons" a standard gallon unit of petroleum of 231 cubic inches at 60 degrees Fahrenheit (U.S. petroleum gallon).

(10) "Publicly owned firefighting equipment" means equipment owned and used for firefighting by any agency or political subdivision of the state of Washington and will include fire engines, aid cars, ambulances, and vehicles used to transport firefighting personnel.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-005, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-005, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-005, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-015 Incidental use or exemptions.

(1) When is the incidental operation of a nonlicensed vehicle exempt the fuel tax? Fuel is exempt the fuel tax if used in a vehicle which is not licensed or required to be licensed under chapter 46.16 or 46.87 RCW and is operated between two pieces of private property for a distance not exceeding twenty-five miles. The movement of the vehicle must be incidental to the primary use of the vehicle.

(2) When is off-highway fuel use taxable? If special fuel is used in a continuous trip, which is partly on and partly off the highway, the tax applies to all the fuel used when the total distance traveled off the highway does not exceed one mile.

A continuous trip involves the use of a highway for the transportation of persons or property from one place to another; or, in a round trip, from the origin to the destination and return to the origin.

(3) Are cash sales to qualified foreign diplomats and consular missions tax exempt? No, only credit card purchases are exempt.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-015, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-015, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-015, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-025 Special fuel permits.

When is a special fuel permit required? If you are not an International Fuel Tax Agreement (IFTA) licensee, you must purchase a special fuel permit when entering this state if the commercial vehicle being operated has:

(1) Two axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty-six thousand pounds; or

(2) Three or more axles regardless of weight; or

(3) Is a combination of vehicles, when the combined gross vehicle weight or registered gross vehicle weight exceeds twenty-six thousand pounds.

History

Statutory Authority: RCW 82.38.260. WSR 09-07-075, § 308-77-025, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-025, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-035 Cancellation, suspension, or revocation of fuel licenses.

What happens when my license is canceled, suspended, or revoked? The department will post information about these changes in license status for all licensees, except for IFTA.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-035, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-035, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-035, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-046 Waiving of bond requirements.

(1) Can the department waive the requirement to maintain a fuel tax bond? Yes, if the department determines a licensed distributor has sufficient financial assets to cover any Washington state fuel tax liability, including penalties and interest.

(2) What is considered a financial asset?

(a) A line of credit with a financial institution or supplier covering the cost of product and fuel tax liability; or

(b) United States dollars, bonds, or other obligations of the United States, the state, or any county of the state, deposited with the state treasurer.

(3) How can I qualify to have my bonding requirement waived?

(a) By filing a notarized statement with the department stating that your lines of credit with your financial institutions and your fuel suppliers are sufficient to cover product cost and state fuel taxes. You must list the name of each financial institution, the account numbers and dollar value of your lines of credit, and the names of your fuel suppliers. You must authorize the department to access this information with your financial institutions and suppliers; or

(b) Deposit an amount equal to the estimated monthly fuel tax liability in a financial institution and assign this deposit to the department as security for performance under chapter 82.38 RCW; and

(c) Provide the department with documentation indicating that the suppliers will not allow the licensed distributor to incur a liability, including fuel tax, in excess of the lines of credit.

(4) What if the department denies my request for a waiver of the bond requirement? You can appeal this decision as provided in chapters 82.38 RCW and 308-77 WAC.

(5) What if I no longer maintain a line of credit or financial asset? You must provide a surety bond to the department in the amount required by chapter 82.38 RCW, with a coverage beginning on or before the date the line of credit or financial asset became insufficient.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, amended and recodified as § 308-77-046, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-04401, filed 3/16/09, effective 4/16/09. Statutory Authority: RCW 82.36.435 and 82.38.260. WSR 02-02-010, § 308-77-04401, filed 12/20/01, effective 1/20/02.

Wash. Admin. Code § 308-77-048 Collateral requirements in lieu of surety bonds.

(1) What other forms of collateral will the department accept in lieu of a surety bond? The department will accept cash or certificates of deposit in U.S. dollars in any of the following forms:

(a) Automatically renewable certificates of deposit insured by the Federal Deposit Insurance Corporation, made in the name of the licensee of applicant for the license, payable to or assigned to the Washington state treasurer;

(b) Certificates of deposit or share account issued by a savings and loan association insured by the federal savings and loan corporation. Evidence of the insured account, in the form of either a certificate of deposit or passbook must be filed with the department along with a properly executed assignment form where the fund on deposit is assigned to the Washington state treasurer;

(c) Certificates of deposit of share account, issued by a credit union doing business in the state of Washington and insured by the Washington credit union share guaranty association. Evidence of the insured account, in the form of either a certificate of deposit or passbook, must be filed with the department along with a properly executed assignment form where the fund on deposit is assigned to the Washington state treasurer; or

(d) Cash deposits with the department, however no interest will accrue or be paid to the licensee.

(2) Do I earn interest on my certificates of deposit? Yes, the assignment forms will contain the provision that interest earned will be payable to the depositor.

(3) How is an assignment canceled? Assignments may only be canceled with written authorization by the department.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-048, filed 6/9/16, effective 7/10/16.

Wash. Admin. Code § 308-77-075 Payment due dates for fuel tax not paid by electronic funds.

What if my payment due date falls on a Saturday, Sunday, or state legal holiday? Payment is due on the next state business day. For example, if the payment due date falls on Saturday, the payment must be postmarked by Monday.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-075, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-075, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-075, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-085 Minimum payment or refund.

(1) What is the minimum payment or refund for licensed accounts? Ten dollars or less will not be owed or refunded.

(2) What is the minimum refund for unlicensed refund claims? Claims for less than twenty dollars will not be refunded.

History

Statutory Authority: RCW 82.38.260. WSR 09-07-075, § 308-77-085, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-085, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-099 Invoices issued by licensees.

(1) When is an invoice issued? Every licensee must issue an invoice at the time of sale.

(2) What information is required on an invoice?

(a) The name and address of the seller;

(b) The name and address of the purchaser;

(d) The location of the point of shipment. Alphanumeric codes are allowed if the definition keys are provided to the department;

(e) The physical address of the fuel delivery or exchange, if different than the purchaser address, including the name of the state, Canadian Province, or foreign country. Alphanumeric codes are allowed if the definition keys are provided to the department;

(f) In the case of a delivery into a federally recognized Indian reservation or onto Indian country, the invoice must identify the state, U.S. possession, or Canadian Province where the delivery took place;

(g) Name of carrier transporting fuel;

(h) Name of product sold;

(i) The number of U.S. gallons of product sold in billed gallons;

(j) The price per gallon and total amount charged; and

(k) A statement on the invoice indicating if the fuel has been sold without the Washington state fuel tax.

(3) What happens if a purchaser's invoice is lost or destroyed? The seller can issue a duplicate or copy containing all information on the original invoice, if requested by the purchaser. The copies must be plainly marked "copy" or "duplicate."

(4) What happens if an incorrect invoice is issued to the purchaser? The seller must issue a corrected invoice to the purchaser. The invoice must clearly indicate that it is a corrected invoice and reference the original invoice.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-099, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-099, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-099, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-102 Appeals.

(1) What are the appeal procedures? Any person having been issued a notice of assessment for taxes, penalties, or interest may contest the notice by petitioning the department for a department review instead of proceeding directly to a formal hearing. This written petition must be received by the department within 30 days of the mailing date of the notice of assessment and list the specific reasons for reassessment. Include the amount of tax, interest, or penalties believed to be due.

(2) What happens after the department receives the petition for a department review? Upon receipt of a petition for a department review, the department will establish the time and place for the review and notify you by mail or email at least 10 days prior to the scheduled date. If the petitioner is unable to attend the review on the date or time scheduled, they may request that the department reschedule the review.

(3) What happens if I fail to appear for my department review without prior notification? Failure to appear may result in the loss of your department review appeal rights.

(4) What happens following my department review? The department will make a determination in accordance with the Revised Code of Washington, administrative rules, and policies established by the department.

(5) What if I do not agree with the department's review determination? Within 30 days after the date of the mailing of the determination, appeal in writing and request a formal hearing by an administrative law judge. The appeal must indicate the portions of the determination you feel are in error and list the reasons for believing the decision should be amended.

(6) When does my reassessment become final? The department's decision for reassessment becomes final, due and payable 30 days after service unless further appealed.

History

Statutory Authority: RCW 82.38.260, 82.41.120, 82.42.130, 82.38.072, 82.38.390, 82.42.118, and 82.38.170. WSR 25-01-114, s 308-77-102, filed 12/16/24, effective 1/16/25. Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-102, filed 6/9/16, effective 7/10/16
WSR 01-22-073, § 308-77-102, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-103 Mitigation of penalties and interest.

(1) What fee, penalty or interest may be mitigated or reduced? The department may mitigate fees, penalties, or interest from:

• Late or missing fuel tax returns;

• Unpaid or underpaid taxes;

• Incomplete records to support reported fuel usage;

• License reinstatement fees;

• Assessments; or

• Unlawful use of dyed special fuel.

(2) How will the department make the decision? The department may review records, account history, or other information.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-103, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-103, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-103, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-104 Filing of refund claims for nonlicensees.

(1) How do I apply for a refund? Contact the department for a refund permit application and instructions or sign up electronically.

(2) What time period can I file for a refund claim? You must file within thirteen months of the fuel purchase date. The department will use the postmark date to determine eligibility. We will not accept multiple refund claims for the same month. For example, if you made a claim for purchases in June you could not claim additional purchases for June on another claim form.

(3) What do I need to send with my refund claim? You must include your fuel purchase invoices, schedules, and other documents listed on the refund claim form.

(4) How do I account for my inventory? Any fuel on hand by physical measurement at the end of the claim period, should be reported as ending inventory. This figure must be reported as the beginning inventory on your next claim form.

(5) Who can sign a refund claim form?

(a) Individuals - Permit holder;

(b) Partnership - Any one of the partners;

(6) Can I claim a refund using another person's fuel invoices? No.

(7) Can I request that my refund be assigned to another person? Yes. You must submit a written request naming the person you would like to receive the refund.

(8) How long will it take to process my refund? Within thirty business days after we receive a properly submitted claim.

(9) How long do I maintain my refund records? Keep them for five years after submitting your claim.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-104, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-104, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-104, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-106 Use tax for refunds.

(1) Is use tax deducted from my refund claim? Yes, unless you are exempt from the use tax in chapter 82.12 RCW.

(2) How is use tax computed? You can choose to:

• Calculate the use tax amount using the actual use tax rates and actual cost per gallon; or

• Have the department calculate the use tax amount using an average use tax rate and price per gallon.

Either method chosen must be used for each refund claim submitted during the calendar year, unless there has been a change in the department's estimated average fuel cost during that period.

History

Statutory Authority: RCW 82.38.260. WSR 09-07-075, § 308-77-106, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-106, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-108 Special rules and requirements for fuel tax refunds.

Can I claim a refund for motor vehicle fuel used in my unlicensed off-road vehicles, all-terrain vehicles, and snowmobiles? Yes, only if the motor vehicle fuel is used for nonrecreational purposes such as farming, logging, and construction. An off-road vehicle (ORV) permit is considered a license. Off-road vehicles, all-terrain vehicles, and snowmobiles are defined in RCW 46.09.310 and 46.10.300.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-108, filed 6/9/16, effective 7/10/16.

Wash. Admin. Code § 308-77-109 Invoice requirements for refund to nonlicensees and IFTA licensees.

(1) What is a valid invoice? A valid invoice must include:

(a) Name and address of the seller;

(b) The type of fuel and number of gallons purchased;

(d) Price per gallon; and

(e) Total amount of sale.

(2) A separate invoice must be issued for each fuel purchase. A single invoice may list multiple deliveries of fuel purchases made during a calendar month.

(3) The department will not accept invoices with altered, corrected, or erased information.

(4) What happens if I get an incorrect invoice? The seller must issue a new invoice marked "correction" and reference the original.

(5) What happens if I lose or destroy my invoice? The seller may issue a copy. The copies must be plainly marked "copy" or "duplicate."

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-109, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-109, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-109, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-112 Power take-off (PTO) use.

(1) What is PTO use? It is fuel used in a motor vehicle engine to operate auxiliary equipment. The equipment must be fueled by the propulsion tank of the motor vehicle.

(2) What is not considered auxiliary equipment? Equipment such as air conditioning, power steering, generator, etc., that are considered integral to the operation of the vehicle.

(3) What formula does the department use in determining PTO usage? The tax exemption is calculated as a percentage of the total Washington taxable fuel:

| Cement mixer | 25% | | --- | --- | | Fire trucks (private) | 25% | | Mobile cranes | 25% | | Garbage trucks (with load compactor) | 25% | | Sewer cleaning truck/jet vactor | 25% | | Super suckers | 25% | | Line truck with digger/derrick or aerial lift | 20% | | Log truck with self loader | 20% | | Refrigeration trucks | 20% | | Sweeper trucks (must be motor vehicle) | 20% | | Boom truck/block boom | 15% | | Bulk feed truck | 15% | | Dump trailers | 15% | | Dump trucks | 15% | | Hot asphalt distribution truck | 15% | | Leaf truck | 15% | | Lime spreader | 15% | | Pneumatic tank truck | 15% | | Salt spreader on dump truck | 15% | | Seeder truck | 15% | | Semiwrecker | 15% | | Service truck with jack hammer/drill | 15% | | Snow plow | 15% | | Spray truck | 15% | | Tank transport | 15% | | Tank trucks | 15% | | Truck with PTO hydraulic winch | 15% | | Wrecker | 15% | | Car carrier with hydraulic winch | 10% | | Carpet cleaning van | 10% | | Others | 7.5% |

(4) What if my fuel consumption is greater than the percentages indicated above? If you can provide satisfactory documentation and records to show that the fuel consumed by the PTO is greater than the percentages indicated, the department may grant the higher percentage on a case-by-case basis.

(5) What documents must accompany the refund claims? All claims must be accompanied by valid purchase invoices to cover the total gallons of fuel purchased, except that invoices for fuel used in fuel oil delivery trucks or when measured by a metering device need only be equal to or greater than the gallons claimed as refundable. A support schedule for Washington PTO and power pumping credits must accompany each claim for refund.

(6) What records do I need to keep? All individual vehicle mileage and fuel records that reflect total mileage, total fuel, Washington taxable mileage, and Washington taxable fuel by vehicle.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-112, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-112, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-112, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-114 Unauthorized use of dyed diesel.

(1) What is the minimum dye concentration allowed for on-road use? None. The department may assess on any dye concentration found in licensed vehicles, vehicles required to be licensed, or in bulk storage tanks used to fuel licensed or required to be licensed vehicles.

(2) Who can be assessed a penalty for unlawful use of dyed diesel or dyed biodiesel?

(a) The operator of the vehicle;

(b) The registered owners of the vehicle;

(3) If dyed diesel or dyed biodiesel is discovered in the fuel supply tanks of a vehicle, when must the fuel be removed? The dyed fuel must be removed from the vehicles within 24 hours from the time of discovery. Detection of dyed fuel in the same vehicles after the 24-hour period will be treated as a separate violation.

(4) Will I be assessed penalties for dyed fuel in bulk storage tanks? Yes, if any dyed fuel from the bulk storage tanks has been used for unlawful purposes.

(5) How are the dyed diesel fuel penalties assessed? Dyed diesel found in the fuel supply tank of a vehicle required to be licensed will be penalized $10.00 for each gallon placed in the supply tank or $1,000.00 whichever is greater.

Dyed diesel found in bulk storage tanks when used for unlawful purposes will be penalized $10.00 per gallon based on the capacity of the tank or $1,000.00 whichever is greater.

(6) What if I refuse the department or authorized representative access to inspect the vehicles or bulk storage tanks? The penalty in RCW 82.38.072(2) will be calculated on the capacity of the bulk storage tanks and the number of vehicles subject to the refusal.

(7) Are there additional penalties for separate or repeated dyed diesel violations? Yes. Any separate violation of unlawful use of dyed diesel within a five-year period increases with each repeat violation. Any violation for either, or both the fuel supply tank of a motor vehicle and bulk storage tank are included in the repeat violation assessment.

(8) How are repeat violation assessments calculated? Each separate violation is multiplied by the prior number of violations, plus one.

History

Statutory Authority: RCW 82.38.260, 82.41.120, 82.42.130, 82.38.072, 82.38.390, 82.42.118, and 82.38.170. WSR 25-01-114, s 308-77-114, filed 12/16/24, effective 1/16/25. Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-114, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-114, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-114, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-116 Records.

(1) What fuel records must be kept? Every person licensed or required to be licensed must maintain a complete monthly stock summary of the gallons of fuel reflecting inventories, receipts, sales, use, other distribution, and loss or gain. The stock summary must be supported by:

(a) Physical inventories of bulk storage plants taken at the close of each calendar month.

(b) Meter readings taken at the close of each calendar month for pumps through which fuel is dispensed.

(c) A record of fuel receipts, invoices, bills of lading, transfer documents, yield reports, and other documents relative to the acquisition of fuel.

(d) A record of fuel disbursements, invoices, bills of lading and other documents relative to the disbursement of fuel.

(2) If I am a licensed dyed fuel user or someone who is required to be licensed, do I keep the same records? Yes.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-116, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-116, filed 3/16/09, effective 4/16/09
WSR 01-22-073, § 308-77-116, filed 11/1/01, effective 12/2/01.

Wash. Admin. Code § 308-77-121 Tax computation in the absence of records.

In the absence of records showing the number of miles operated per gallon of fuel consumed, fuel consumption will be calculated by the department. The department may adopt a mileage per gallon basis for determining the taxable use of fuel used in motor vehicles which travel on and off the highways within the state of Washington.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-121, filed 6/9/16, effective 7/10/16.

Wash. Admin. Code § 308-77-155 On board computers or recording devices.

Can I use on board computers or recording devices to record mileage? Yes, with prior approval by the department.

History

Statutory Authority: RCW 82.38.260. WSR 09-07-075, § 308-77-155, filed 3/16/09, effective 4/16/09. Statutory Authority: Chapters 46.87 and 82.38 RCW. WSR 00-16-045, § 308-77-155, filed 7/26/00, effective 8/26/00. Statutory Authority: RCW 82.37.170. WSR 94-11-029, § 308-77-155, filed 5/9/94, effective 6/9/94.

Wash. Admin. Code § 308-77-240 Refund records.

What recordsdo I need to keep to claim a refund of fuel taxes?

• All fuel receipts;

• The gallons of fuel used in each piece of equipment, both refundable and nonrefundable;

• Fuel inventory in bulk storage;

• Detailed fuel records for all withdrawals from bulk storage;

• Fuel purchased in small containers (ten gallons or less) for nonhighway use must show the type of equipment being used, i.e., boats, tractors, power saws, etc.

Each claimant using special fuel must also keep on-highway and off-highway mileage records for each licensed vehicle.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-240, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-240, filed 3/16/09, effective 4/16/09. Statutory Authority: Chapters 46.87 and 82.38 RCW. WSR 00-16-045, § 308-77-240, filed 7/26/00, effective 8/26/00. Statutory Authority: RCW 82.38.260. WSR 79-08-140 (Order 548 DOL), § 308-77-240, filed 8/1/79
Order 114 MV, § 308-77-240, filed 11/26/71.

Wash. Admin. Code § 308-77-265 Tax exempt losses.

(1) How can I document lost fuel for a credit or refund of fuel tax paid?

(a) A notarized affidavit by a person having actual knowledge of the circumstances of the loss explaining the origin and destination of the shipment, the circumstances surrounding the quantity of fuel lost, fuel salvaged, disposition of the salvaged fuel, and procedures used in the determination of the quantity of fuel lost; or

(b) A signed statement by a federal, state, local or provincial official who has authority to investigate fuel loss; and

(d) A statement by the licensee establishing ownership of the fuel at time of loss.

(2) Are deductions for losses from bulk storage allowed? Yes, fuel that has been proven lost or destroyed, prior to distribution from a licensee's bulk storage facility outside of the bulk transfer terminal system may be considered a tax exempt loss.

(3) How long do I retain my evidence substantiating my loss? Five years from date of claim.

(4) May I claim a deduction for stolen fuel? No.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-265, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-265, filed 3/16/09, effective 4/16/09. Statutory Authority: Chapters 46.87 and 82.38 RCW. WSR 00-16-045, § 308-77-265, filed 7/26/00, effective 8/26/00. Statutory Authority: RCW 82.38.260. WSR 79-08-140 (Order 548 DOL), § 308-77-265, filed 8/1/79
Order MV-137, § 308-77-265, filed 6/1/72.

Wash. Admin. Code § 308-77-280 Natural gas, propane decal as evidence of payment of annual license fees.

Am I required to buy a decal if my vehicle operates with both motor fuel gasoline and natural gas or propane? Yes, you must pay fuel tax on the gasoline purchases as well as purchasing a decal.

History

Statutory Authority: RCW 82.38.260. WSR 16-13-049, § 308-77-280, filed 6/9/16, effective 7/10/16
WSR 09-07-075, § 308-77-280, filed 3/16/09, effective 4/16/09. Statutory Authority: Chapters 46.87 and 82.38 RCW. WSR 00-16-045, § 308-77-280, filed 7/26/00, effective 8/26/00. Statutory Authority: RCW 82.38.260. WSR 81-14-048 (Order DOL 630), § 308-77-280, filed 6/30/81.

Wash. Admin. Code § 308-77-290 Dishonored checks.

(1) What will happen if my check is dishonored? The department will take collection action to recover any amounts owing and require all subsequent payments to be made in guaranteed funds, such as cash, cashier's check, or money order.

(2) Are there any additional fees charged for a dishonored check? Yes, a handling fee will be charged by the department for each dishonored check.

History

Statutory Authority: RCW 82.38.260. WSR 09-07-075, § 308-77-290, filed 3/16/09, effective 4/16/09. Statutory Authority: RCW 46.01.110, 82.36.435, 82.38.260, 82.42.040, 46.87.010(2). WSR 00-08-032, § 308-77-290, filed 3/28/00, effective 4/28/00.

Chapter 308-78 Aircraft fuel tax.

Wash. Admin. Code § 308-78-010 Definitions.

(1) "Certified user" means any person other than a distributor who holds an Aircraft Bulk Fuel Exemption certificate to purchase aircraft fuel without payment of the aircraft fuel tax.

(2) "Private, nonstate funded airfield" means an airport not eligible to receive state funding under chapter 47.68 RCW.

(3) "Emergency medical air transport entities" means entities that own or lease, and operate aircraft used solely for air ambulance services.

History

Statutory Authority: RCW 82.42.130. WSR 16-13-051, § 308-78-010, filed 6/9/16, effective 7/10/16. Statutory Authority: RCW 82.42.040. WSR 09-07-077, § 308-78-010, filed 3/16/09, effective 4/16/09
WSR 04-06-001, § 308-78-010, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 82.42.100. WSR 01-08-083, § 308-78-010, filed 4/4/01, effective 5/5/01. Statutory Authority: RCW 82.42.040. WSR 90-13-039 (Order PFT 90-05), § 308-78-010, filed 6/14/90, effective 7/15/90. Statutory Authority: RCW 82.42.030. WSR 86-02-057 (Order TL-RG-23), § 308-78-010, filed 12/31/85. Statutory Authority: RCW 82.42.040. WSR 85-04-027 (Order PFT 85-001), § 308-78-010, filed 1/31/85
WSR 82-20-093 (Order MV 696), § 308-78-010, filed 10/6/82
Order 69-10-2, § 308-78-010, filed 10/29/69
Rules (part), filed 9/12/67
Emergency Rules (part), filed 7/21/67.

Wash. Admin. Code § 308-78-020 Bond requirements and collection.

(1) Are bonds required for aircraft fuel distributors? Yes, every aircraft fuel distributor must be bonded as provided in chapter 82.42 RCW.

(2) What action can the department take to collect unpaid aircraft fuel tax? The department may:

• Issue a notice of assessment;

• Revoke license;

• File tax liens or warrant;

• Execute bonds on file under the provisions of chapter 82.42 RCW.

History

Statutory Authority: RCW 82.42.130. WSR 16-13-051, § 308-78-020, filed 6/9/16, effective 7/10/16. Statutory Authority: RCW 82.42.040. WSR 09-07-077, § 308-78-020, filed 3/16/09, effective 4/16/09. Statutory Authority: RCW 82.42.100. WSR 01-08-083, § 308-78-020, filed 4/4/01, effective 5/5/01. Statutory Authority: RCW 88.42.040. WSR 99-19-097, § 308-78-020, filed 9/20/99, effective 10/21/99
WSR 82-20-093 (Order MV 696), § 308-78-020, filed 10/6/82
Order 69-10-2, § 308-78-020, filed 10/29/69
Rule A, filed 9/12/67
Emergency Rule A, filed 7/21/67.

Wash. Admin. Code § 308-78-030 Agencies sharing tax return information.

Will tax return information be shared with other government agencies? Yes, the department routinely provides copies of schedules to government agencies or foreign jurisdictions.

History

Statutory Authority: RCW 82.42.130. WSR 16-13-051, § 308-78-030, filed 6/9/16, effective 7/10/16. Statutory Authority: RCW 82.42.040. WSR 09-07-077, § 308-78-030, filed 3/16/09, effective 4/16/09. Statutory Authority: RCW 82.42.100. WSR 01-08-083, § 308-78-030, filed 4/4/01, effective 5/5/01. Statutory Authority: RCW 88.42.040. WSR 99-19-097, § 308-78-030, filed 9/20/99, effective 10/21/99
WSR 90-13-039 (Order PFT 90-05), § 308-78-030, filed 6/14/90, effective 7/15/90
WSR 82-20-093 (Order MV 696), § 308-78-030, filed 10/6/82
Order 69-10-2, § 308-78-030, filed 10/29/69
Rule B, filed 9/12/67
Emergency Rule B, filed 7/21/67.

Wash. Admin. Code § 308-78-035 What is the minimum refund amount?

The minimum refund amount for both licensed and unlicensed accounts is twenty dollars.

History

Statutory Authority: RCW 82.42.130. WSR 16-13-051, § 308-78-035, filed 6/9/16, effective 7/10/16. Statutory Authority: RCW 82.42.040. WSR 09-07-077, § 308-78-035, filed 3/16/09, effective 4/16/09. Statutory Authority: RCW 82.42.100. WSR 01-08-083, § 308-78-035, filed 4/4/01, effective 5/5/01.

Wash. Admin. Code § 308-78-045 Tax exempt use and circumstances.

(1) When can an aircraft fuel tax refund be claimed? When fuel is:

(a) Used by air carriers, supplemental air carriers, and foreign flag carriers, operating under the Federal Aviation Administration Regulations, and local service commuters.

(b) Used for testing and experimental purposes in the manufacture or repair of aircraft, including flight operations.

(d) Used to apply pesticides, herbicides, or other agricultural chemicals.

(e) Exported from this state for use outside this state.

(f) Used in nonhighway equipment, other than aircraft.

(g) Sold with taxes to the United States or foreign government agencies.

(h) In helicopters or aircraft that are used solely for air ambulance services or for training activities directly related to these services. For aircraft, the fuel must be placed directly into the wing tanks.

(2) What records must be kept when claiming an exemption of aircraft fuel tax? Each person must keep records of each flight or series of flights for which tax exempt use is claimed. Records will include:

(a) Flight or block time of each flight or series of flights;

(b) Type of aircraft;

(d) Dates; and

(e) Gallons consumed for each flight or series of flights.

History

Statutory Authority: RCW 82.42.130. WSR 16-13-051, § 308-78-045, filed 6/9/16, effective 7/10/16. Statutory Authority: RCW 82.42.040. WSR 09-07-077, § 308-78-045, filed 3/16/09, effective 4/16/09
WSR 04-06-001, § 308-78-045, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 82.42.100. WSR 01-08-083, § 308-78-045, filed 4/4/01, effective 5/5/01. Statutory Authority: RCW 88.42.040. WSR 99-19-097, § 308-78-045, filed 9/20/99, effective 10/21/99
WSR 85-04-027 (Order PFT 85-001), § 308-78-045, filed 1/31/85
WSR 82-20-093 (Order MV 696), § 308-78-045, filed 10/6/82.

Wash. Admin. Code § 308-78-046 Tax exempt losses.

(1) What is acceptable proof of loss for a credit or refund of fuel tax paid?

(a) A notarized affidavit by a person having actual knowledge of the circumstances of the loss, explaining the origin and destination of the shipment, the circumstances surrounding the quantity of fuel lost, fuel salvaged, disposition of the salvaged fuel, and procedures used in the determination of the quantity of fuel lost; or

(b) A signed statement by a federal, state, local or provincial official who has authority to investigate fuel loss; and

(d) A statement by the licensee establishing ownership of the fuel at time of loss.

(2) Are deductions for losses from bulk storage allowed? Yes, aircraft fuel that has been proven lost or destroyed prior to distribution from a licensee's bulk storage facility outside of the bulk transfer terminal system may be considered a tax exempt loss.

(3) How long do I retain my evidence substantiating my loss? Five years from date of claim.

(4) May I claim a deduction from stolen fuel? No.

History

Statutory Authority: RCW 82.42.040. WSR 09-07-077, § 308-78-046, filed 3/16/09, effective 4/16/09. Statutory Authority: RCW 82.42.100. WSR 01-08-083, § 308-78-046, filed 4/4/01, effective 5/5/01.

Wash. Admin. Code § 308-78-070 Records.

How long must I keep my records? Licensees must keep records for at least five years from the reporting period. Refund claimants must keep records for at least five years from the filing date.

History

Statutory Authority: RCW 82.42.130. WSR 16-13-051, § 308-78-070, filed 6/9/16, effective 7/10/16. Statutory Authority: RCW 82.42.040. WSR 09-07-077, § 308-78-070, filed 3/16/09, effective 4/16/09. Statutory Authority: RCW 82.42.100. WSR 01-08-083, § 308-78-070, filed 4/4/01, effective 5/5/01. Statutory Authority: RCW 88.42.040. WSR 99-19-097, § 308-78-070, filed 9/20/99, effective 10/21/99
WSR 90-13-039 (Order PFT 90-05), § 308-78-070, filed 6/14/90, effective 7/15/90
WSR 85-04-027 (Order PFT 85-001), § 308-78-070, filed 1/31/85
WSR 82-20-093 (Order MV 696), § 308-78-070, filed 10/6/82
Order 69-10-2, § 308-78-070, filed 10/29/69
Rule F, filed 9/12/67
Emergency Rule F, filed 7/21/67.

Wash. Admin. Code § 308-78-075 Invoices issued by licensees.

(1) When is an invoice issued? Every licensee must issue an invoice at the time of sale.

(2) What information is required on an invoice?

(a) The name and address of the seller;

(b) The name and address of the purchaser;

(d) The location of the point of shipment. Alphanumeric codes are allowed if the definition keys are provided to the department;

(e) The physical address of the fuel delivery or exchange if different than the purchaser address, including the name of the state, Canadian Province, or foreign country. Alphanumeric codes are not allowed;

(f) In the case of a delivery onto a federally recognized Indian reservation or into Indian country, the invoice must identify the state, U.S. possession, or Canadian Province where the delivery took place;

(g) Name of carrier transporting fuel;

(h) Name of product sold;

(i) The number of U.S. gallons of product sold in billed gallons;

(j) The price per gallon and the total amount charged; and

(k) A statement on the invoice indicating if the fuel has been sold without the Washington state fuel tax.

History

Statutory Authority: RCW 82.42.130. WSR 16-13-051, § 308-78-075, filed 6/9/16, effective 7/10/16. Statutory Authority: RCW 82.42.040. WSR 09-07-077, § 308-78-075, filed 3/16/09, effective 4/16/09. Statutory Authority: RCW 82.42.100. WSR 01-08-083, § 308-78-075, filed 4/4/01, effective 5/5/01.

Wash. Admin. Code § 308-78-080 Filing of refund claims for nonlicensees.

(1) How do I apply for a refund? Contact the department for a refund permit application and instructions or sign up electronically.

(2) What time period can I file for a refund? You must file within thirteen months of the fuel purchase date. The department will use the postmark date to determine eligibility. We will not accept multiple refund claims for the same month. For example, if you made a claim for purchases in June you could not claim additional purchases for June on another claim form.

(3) What do I need to send with my refund claim? You must include your fuel purchase invoices, schedules, and other documents listed on the refund claim form.

(5) Who can sign a refund claim form?

(a) Individuals - Permit holder;

(b) Partnership - Any one of the partners;

(6) Can I claim a refund using another person's invoices? No.

(7) Can I request that my refund be assigned to another person? Yes. You must submit a written request naming the person you would like to receive the refund.

(8) How long will it take to process my refund? Within thirty business days after we receive a properly submitted claim.

(9) How long do I maintain my refund records? Keep them for five years after submitting your claim.

History

Statutory Authority: RCW 82.42.130. WSR 16-13-051, § 308-78-080, filed 6/9/16, effective 7/10/16. Statutory Authority: RCW 82.42.040. WSR 09-07-077, § 308-78-080, filed 3/16/09, effective 4/16/09. Statutory Authority: RCW 82.42.100. WSR 01-08-083, § 308-78-080, filed 4/4/01, effective 5/5/01. Statutory Authority: RCW 88.42.040. WSR 99-19-097, § 308-78-080, filed 9/20/99, effective 10/21/99
WSR 85-04-027 (Order PFT 85-001), § 308-78-080, filed 1/31/85
WSR 82-20-093 (Order MV 696), § 308-78-080, filed 10/6/82
Order 69-10-2, § 308-78-080, filed 10/29/69
Rule G, filed 9/12/67
Emergency Rule G, filed 7/21/67.

Wash. Admin. Code § 308-78-090 Mitigation of penalties and interest.

(1) What fee, penalty or interest may be mitigated or reduced? The department may mitigate fees, penalties, or interest from:

• Late or missing fuel tax returns;

• Unpaid or underpaid taxes;

• Incomplete records to support reported fuel usage;

• License reinstatement fee; or

• Assessments.

(2) How will the department make the decision? The department may review records, account history, or other information.

History

Statutory Authority: RCW 82.42.130. WSR 16-13-051, § 308-78-090, filed 6/9/16, effective 7/10/16. Statutory Authority: RCW 82.42.040. WSR 09-07-077, § 308-78-090, filed 3/16/09, effective 4/16/09. Statutory Authority: RCW 82.42.100. WSR 01-08-083, § 308-78-090, filed 4/4/01, effective 5/5/01. Statutory Authority: RCW 88.42.040. WSR 99-19-097, § 308-78-090, filed 9/20/99, effective 10/21/99. Statutory Authority: RCW 82.42.040 and 82.42.100. WSR 92-01-015, § 308-78-090, filed 12/6/91, effective 1/6/92.

Wash. Admin. Code § 308-78-100 Dishonored checks.

(1) What will happen if my check is dishonored? The department will take collection action to recover any amounts owing and require all subsequent payments to be made in cash, cashier's check, or money order.

(2) Are there any additional fees charged for a dishonored check? Yes, a handling fee will be charged by the department for each dishonored check.

History

Statutory Authority: RCW 82.42.130. WSR 16-13-051, § 308-78-100, filed 6/9/16, effective 7/10/16. Statutory Authority: RCW 82.42.040. WSR 09-07-077, § 308-78-100, filed 3/16/09, effective 4/16/09. Statutory Authority: RCW 46.01.110, 82.36.435, 82.38.260, 82.42.040, 46.87.010(2). WSR 00-08-032, § 308-78-100, filed 3/28/00, effective 4/28/00.

Wash. Admin. Code § 308-78-102 Appeals.

(2) What happens after the department receives the petition for a department review? Upon receipt of a petition for a department review, the department will establish the time and place for the review and notify you by mail at least 10 days prior to the scheduled date. If the petitioner is unable to attend the review on the date or time scheduled, they may request that the department reschedule the review.

(3) What happens if I fail to appear for my department review without prior notification? Failure to appear may result in the loss of your department review appeal rights.

(6) When does my reassessment become final? The department's decision for reassessment becomes final, due, and payable 30 days after service unless further appealed.

History

Statutory Authority: RCW 82.38.260, 82.41.120, 82.42.130, 82.38.072, 82.38.390, 82.42.118, and 82.38.170. WSR 25-01-114, s 308-78-102, filed 12/16/24, effective 1/16/25.

Chapter 308-79A Fuel tax and proration—Investigation procedures.

Wash. Admin. Code § 308-79A-010 Introduction.

(1) Chapters 46.87, 82.38, and 82.42 RCW establish the department's authority for ensuring that all statutory requirements related to fuel transactions, licensure, and/or proportional registration are met and that tax obligations are reported to the state accurately and timely. The department is also responsible for ensuring that all fuel taxes and fees are collected appropriately.

(2) Persons must cooperate with the department during investigations conducted to confirm compliance with statutory requirements.

(3) These rules are designed to promote efficiency and consistency in conducting investigations and to give persons notice of what is required of them with respect to investigations and producing records to the department.

History

Statutory Authority: RCW 82.38.260, 82.41.120, 82.42.130, 82.38.072, 82.38.390, 82.42.118, and 82.38.170. WSR 25-01-114, s 308-79A-010, filed 12/16/24, effective 1/16/25.

Wash. Admin. Code § 308-79A-020 Records.

(1) Pursuant to chapters 46.87, 82.38, and 82.42 RCW, persons must comply with department requests to inspect any record or document related to fuel transactions, licensure, and/or proportional registration.

(2) Persons must comply with department requests to examine items such as storage facilities, equipment, books, papers, correspondence, memoranda, agreements, or other documents and records which are deemed by the department to be relevant or material to the investigation. The department will make these requests during normal business hours, or during the hours of an appointment agreed to by the parties involved.

(3) It is unlawful for a person to refuse to provide books, records, etc., if requested by the department.

History

Statutory Authority: RCW 82.38.260, 82.41.120, 82.42.130, 82.38.072, 82.38.390, 82.42.118, and 82.38.170. WSR 25-01-114, s 308-79A-020, filed 12/16/24, effective 1/16/25.

Wash. Admin. Code § 308-79A-030 Investigation.

(1) During an investigation, persons may be required to provide records or written statements and/or explanations relating to any potential violations.

(2) The department may administer oaths and affirmations, subpoena witnesses, compel their attendance, and take evidence.

(3) All requests will be issued by an authorized representative, such as investigators, auditors, program staff, or other designee.

(4) Requests for records, documents or detailed explanations shall be in writing, by regular mail, facsimile, electronic mail, or in person pursuant to an investigation.

(5) Persons are advised that failure to cooperate or refusal to permit access may result in further action as authorized by statute or rule, and may include civil or criminal penalties.

History

Statutory Authority: RCW 82.38.260, 82.41.120, 82.42.130, 82.38.072, 82.38.390, 82.42.118, and 82.38.170. WSR 25-01-114, s 308-79A-030, filed 12/16/24, effective 1/16/25.

Chapter 308-80 Transporters.

Wash. Admin. Code § 308-80-010 Transporters.

(1) The term "transporter" applies only to those engaged in the business of delivering vehicles, not owned by said transporter, by driveaway or towaway methods and does not apply to motor freight carriers licensed under chapter 81.80 RCW to haul vehicles on trailers or semitrailers.

(2) The special license plates issued authorize driving or towing unlicensed vehicles in lieu of a temporary permit or license plates required under chapter 46.16 RCW.

(3) The special license plates issued shall be displayed as follows:

(a) On driveaway vehicles a front and rear plate of a set with the same number and letter suffix.

(b) On tractor and semitrailer or trailer combination, one of a set on the front of the towing unit and the other half of a set with the same suffix letter on the rear of the semitrailer or trailer being delivered.

(c) When using a tow bar saddlemount, fullmount or lawful combination thereof: One of a set of plates on the front of the towing unit and one of a set of plates on the rear of each vehicle following.

History

Order MV 447, § 308-80-010, filed 9/16/77
§ 23, filed 11/5/63
§ 23, filed 3/23/60.

Wash. Admin. Code § 308-80-015 Expiration of motor vehicle transporter license.

When does my transporter license expire? (1) A motor vehicle transporter license shall expire twelve consecutive months from the date of issuance.

(2) Motor vehicle transporter license plates shall expire on the same date as the license expires.

History

Statutory Authority: RCW 46.76.070. WSR 00-13-018, § 308-80-015, filed 6/12/00, effective 7/13/00. Statutory Authority: 1985 c 109 §§ 2, 4, 6 and 8, RCW 46.80.140, 46.70.080 [46.79.080], 46.70.160, 46.76.070 and 46.16.225. WSR 86-08-028 (Order DLR-091), § 308-80-015, filed 3/26/86.

Wash. Admin. Code § 308-80-020 Improper use of transporter license plates.

What are some improper uses of the transportation license plates? Issuance of transporter license plates under chapter 46.76 RCW does not authorize driving or towing of vehicles on the public highways for the following purposes or in the following manner:

(1) On any vehicle in which a licensee has an ownership or equitable interest, provided a towing unit owned by a licensee to deliver vehicles owned by others shall display a transporter plate in addition to a regular plate for the purpose of identification.

(2) For personal transportation.

(3) By any one other than the licensee or a bona fide employee who is carried on the licensee's payroll records.

(4) Failure to display plates as required under WAC 308-80-010.

This rule shall not be construed to prevent a determination that other uses of such plates are improper.

History

Statutory Authority: RCW 46.76.070. WSR 00-13-018, § 308-80-020, filed 6/12/00, effective 7/13/00
Order MV 447, § 308-80-020, filed 9/16/77.

Chapter 308-81 Transportation network companies.

Wash. Admin. Code § 308-81-010 Record inspection.

Record inspection may be conducted through different modalities including in-person or remote record inspection, based on available technology options. In-person record inspections will only take place during business hours.

History

Statutory Authority: RCW 46.72B.160. WSR 24-05-015, § 308-81-010, filed 2/9/24, effective 3/11/24.

Chapter 308-83 Limousine services.

Wash. Admin. Code § 308-83-010 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter and chapter 46.72A RCW.

(1) "Amenities" means equipment or features added to a vehicle for the comfort or convenience of the occupants:

(a) "Standard amenities" means standard factory amenities normally found in passenger cars;

(b) "Nonstandard amenities" means amenities not normally found in passenger cars. These amenities may include, but are not limited to, a television, musical sound system, telephone, ice storage, refrigerator, power-operated dividers, or additional interior lighting.

(2) "Business license" or "limousine carrier business license" means a license issued under chapter 19.02 RCW, which contains an endorsement indicating the business to which the license is issued is authorized to provide limousine carrier services.

(3) "Business licensing service" means the program within the Washington state department of revenue authorized by chapter 19.02 RCW to issue the business license.

(4) "Business office" refers to the physical location where a limousine carrier business maintains its business records, as defined in WAC 308-83-130. The business office is the physical address on file with the business licensing service. The business office is the place where the business license is posted.

(5) "Business owner" means an individual, partnership, corporation, association, or other person(s), or group that holds a substantial interest in a limousine carrier business.

(6) "Chauffeur" means a person who operates a limousine.

(7) "Decal" means a sticker issued by the department to indicate the vehicle displaying the decal has a valid limousine vehicle certificate.

(8) "Department" means the Washington state department of licensing.

(9) "Dispatch log" refers to a paper or electronic record of assignments made to chauffeurs, and includes all information from the passenger manifest(s) for a given period, as well as the time each ride was arranged, the limousine, and the chauffeur assigned to the customer. The dispatch log also documents passengers referred by or to other drivers or businesses.

(10) "Disqualification" means a prohibition against driving a limousine.

(11) "Drugs" are those substances as defined by RCW 69.04.009 including, but not limited to, those substances defined by 49 C.F.R. 40.3.

(12) "Limousine" has the same meaning as in RCW 46.04.274 and includes vehicles that meet one of the following definitions:

(a) "Stretch limousine" means an automobile with a seating capacity behind the driver of not less than four passengers and not more than 14 passengers, and a maximum wheelbase of 285 inches. The wheelbase has been factory or otherwise altered beyond the original manufacturer's specifications and meets standards of the United States Department of Transportation. A stretch limousine must be equipped with nonstandard amenities in the rear seating area.

(b) "Executive sedan" means a four-door sedan or crossover automobile having a seating capacity behind the driver of not more than three passengers, and a minimum wheelbase of 112 inches or is designated as a large car under 40 C.F.R. 600.315-08, and has a manufacturer's suggested retail price when new of no less than $35,000. The department may provide guidelines for qualified vehicles on our website. An executive sedan must at a minimum be equipped with standard amenities, and the wheelbase may not be altered.

(c) "Executive van" means a van or minivan, having a seating capacity behind the driver of not less than five passengers and not more than 14 passengers.

(d) "Classic car" means a fine or distinctive, American or foreign automobile that is 30 years old or older.

(e) "Executive sport utility vehicle" means a sport utility vehicle with a seating capacity behind the driver of not less than three passengers and not more than six passengers, and a minimum wheelbase of 112 inches that has not been altered.

(f) "Stretch sport utility vehicle" means a sport utility vehicle with a seating capacity behind the driver of not less than four and not more than 14 passengers, and a maximum wheelbase of 325 inches that has been factory or otherwise altered beyond the original manufacturer's specifications and meets standards of the United States Department of Transportation. A stretch sport utility vehicle must be equipped with nonstandard amenities in the rear seating area.

(13) "Limousine carrier" or "carrier" is a business licensed, or required to be licensed by the department to provide limousine services, in accordance with RCW 46.04.276 and department regulations.

(14) "Nonresident limousine carrier" refers to a limousine carrier or vehicle owner whose place of business is not in Washington state.

(15) "Operate" refers to a person engaging in the business of a limousine and includes driving, occupying, or otherwise using a limousine to wait for, pick up, transport, or drop off a passenger for compensation. Specific activities included in the definition of operating a limousine are contained in WAC 308-83-210.

(16) "Passenger capacity" means the maximum number of passengers that may be carried in a vehicle as determined by using the information found on the label that is required by the United States Department of Transportation to be affixed to the vehicle under 49 C.F.R., Parts 567 and 568. This label must be affixed to the vehicle in accordance to 49 C.F.R., Parts 567 and 568. In absence of the label, a member of the Washington state patrol or the department may determine the passenger capacity upon visual inspection of the vehicle.

(17) "Passenger manifest" refers to a daily record that verifies prearranged trips. Specific requirements for the passenger manifest are contained in WAC 308-83-200.

(18) "Person" or "persons" means an individual, a corporation, association, sole proprietorship, joint stock association, partnership, limited liability partnership, limited liability company, or other association of people organized to conduct business. It also includes their lessees, trustees, or receivers.

(19) "Prearranged" refers to a customer or customer's agent having secured and agreed to the services and fare. Prearranged means the agreement was made prior to the time of departure and at a place different than the place of departure.

(20) "Public highway" includes every public street, road, or highway in this state.

(21) "Substance abuse professional" means an alcohol and drug specialist meeting the credentials, knowledge, training, and continuing education requirements of 49 C.F.R. 40.281.

(22) "Unified business identifier" or "UBI" is a nine digit number that registers a business with several state agencies and allows an entity to do business in Washington state. It is sometimes called a tax registration number, a business registration number, or a business license number.

(23) "Vehicle certificate" is a document issued by the department, indicating that the vehicle is registered as a limousine. The vehicle certificate must be carried in the limousine at all times. The vehicle certificate is not the vehicle registration document.

History

Statutory Authority: RCW 46.72A.030(1) and 46.01.110. WSR 23-09-008, § 308-83-010, filed 4/6/23, effective 5/7/23. Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-010, filed 9/26/17, effective 10/27/17. Statutory Authority: RCW 46.72A.120, 43.24.086, chapter 46.04 RCW. WSR 16-08-093, § 308-83-010, filed 4/5/16, effective 5/6/16. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-010, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-020 Fees.

(1) The limousine fees authorized in chapter 46.72A RCW are:

| Limousine carrier business license application | $350.00 | | --- | --- | | Limousine carrier business license renewal | 350.00 | | Vehicle certificate | 75.00 | | Vehicle certificate renewal | 75.00 | | Change of vehicle certificate | 20.00 | | Duplicate vehicle certificate | 20.00 | | Vehicle inspection | 25.00 |

(2) Applications and renewals submitted to the business licensing service must also include the fees authorized in RCW 19.02.075 and 19.02.085.

History

Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-020, filed 9/26/17, effective 10/27/17. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-020, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-100 License.

(1) Applicants for a limousine carrier business license must apply through business licensing service. The department will issue a limousine carrier license only to a person who meets the requirements established in chapter 46.72A RCW and this chapter.

(2) All applications for a limousine carrier business license must be on a form approved by the business license service, and include the appropriate addendum form, chauffeur certification addendum, vehicle registration, vehicle inspection report and insurance documents. The application must be accompanied by the appropriate filing fee, as listed in WAC 308-83-020 and RCW 19.02.075.

(3) A limousine carrier business license may not be leased, assigned, or otherwise transferred.

(4) A limousine carrier business license expires annually. The department will charge additional fees when a limousine carrier business license is renewed after the expiration date, as provided under RCW 19.02.085.

(5) A limousine carrier must have a valid limousine license before it can advertise, sell, or provide limousine services.

(6) The limousine carrier business license must be posted in a conspicuous place at the business office.

History

Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-100, filed 9/26/17, effective 10/27/17. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-100, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-105 Nonresident limousine carrier.

Nonresident limousine carrier business owners are subject to the same requirements and restrictions that apply to resident limousine carriers. Nonresident owners may not pick up passengers in Washington state without a valid Washington state limousine carrier business license and Washington state vehicle certificate. The department will accept nonresident vehicle registrations and insurance certificates, provided the insurance company is approved by the Washington state office of the insurance commissioner. The coverage must be valid in the state of Washington and meet, at least, the levels established in WAC 308-83-115.

History

Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-105, filed 9/26/17, effective 10/27/17. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-105, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-110 Vehicle certificate and reports.

(1) A limousine carrier must obtain a vehicle certificate for each vehicle to be operated as a limousine. An application for a new vehicle certificate must include a copy of the vehicle registration. All applications for new vehicle certificates and vehicle certificate renewals must also include:

(a) A valid certificate of insurance issued in the exact name of the legal entity that appears or will appear on the business license;

(b) A current vehicle inspection report no older than four months; and

(2) The department will issue the vehicle certificate in the name of the limousine carrier. The department may allow continued operation of a limousine for up to sixty calendar days if there is a minor error (for example, misspelling) in the vehicle registration, to allow time for the department to correct the registration document.

(3) Each limousine must display a decal permanently affixed to the back of the vehicle. The decal must be located to the left of the rear license plate, easily observable, and within twelve inches of the plate. The decal must not be affixed to the license plate or a light. The carrier must remove the decal upon the transfer of vehicle ownership, or the termination of the limousine vehicle certificate.

(4) The vehicle registration must have the use class recorded as "F/H."

(5) Vehicle certificates expire. Failure to renew prior to the expiration date may result in penalty fees as provided by chapter 19.02 RCW. A limousine with an expired vehicle certificate may not continue to operate as a limousine.

(6) A request to add a new vehicle, and procure a new vehicle certificate, must be made in writing to the business licensing service and include the fee as specified in WAC 308-83-020.

(7) A request for a duplicate vehicle certificate may be made by contacting the department. A fee as specified in WAC 308-83-020 will be charged for duplicate vehicle certificates.

(8) A copy of the vehicle certificate must be carried in the vehicle at all times and must be displayed on request to any law enforcement officer or department representative.

(9) A limousine carrier must:

(a) Within four business days following a traffic collision involving any of its limousines, report the collision to the department's regulatory office if an accident report is required or was made under the provisions of RCW 46.52.030. Before a limousine involved in a collision may return to service, the limousine carrier must forward to the department a new vehicle inspection report that was performed after the collision. This inspection may be performed by the Washington state patrol or other agency authorized by chapter 46.72A RCW to perform limousine inspections. Alternatively, the department may accept a structural inspection by an ASE Certified Master Collision Repair Technician. The department will not accept an ASE inspection for the initial or annual limousine inspection required under WAC 308-83-120.

(b) Report to the department within ten calendar days when any limousine that has been issued a vehicle certificate is taken out of service.

History

Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-110, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-115 Insurance.

(1) Limousine carriers are required to maintain liability and property damage insurance for each vehicle used by their company as noted below:

| Type of Coverage | Minimum Coverage Amount | | --- | --- | | Combined single limit for bodily injury liability and property damage for one accident | $1,050,000.00 |

(2) The certificate of insurance shall include the:

(a) Limousine carrier as the insured in the same manner as does or will appear on the business license;

(b) Effective and expiration dates of coverage;

(d) Name of producer;

(e) Coverage and limits;

(f) Thirty-day department notification clause;

(g) Department as certificate holder;

(h) Policy number; and

(i) Year, make, model, and vehicle identification number (VIN) of each vehicle.

(3) The insurance policy may not:

(a) Contain a deductible clause for any amount deductible, unless the policy clearly states that all claims under the policy will be paid by the insurer directly to the claimant, in full and including the deductible amount;

(b) Contain a clause restricting the insured's age in regard to insurance validity; or

(c) Be a "surplus line" policy, as determined by the office of the insurance commissioner and as described in RCW 48.15.040.

(4) In the event of cancellation of the coverage noted on the policy, the insuring company shall notify the department's limousine regulatory office not less than thirty calendar days prior to the cancellation date.

(5) All liability and property damage insurance policies issued to limousine carrier businesses shall carry a "uniform motor carrier bodily injury and property damage liability endorsement."

(6) A copy of the certificate of insurance must be carried in the vehicle at all times.

History

Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-115, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-120 Vehicle inspections.

The vehicle inspection report must certify that the vehicle meets the following standards:

(1) The legal definition of a limousine, as defined in WAC 308-83-010;

(2) The standards and criteria set by the Washington state patrol for vehicle inspections, as established under chapter 204-95 WAC; and

(3) On board safety equipment, as described in Title 49 C.F.R. 393-95 Federal Regulations pertaining to:

(a) Fire extinguishers; and

(b) Warning devices for stopped vehicles.

History

Statutory Authority: RCW 46.72A.120, 43.24.086, chapter 46.04 RCW. WSR 16-08-093, § 308-83-120, filed 4/5/16, effective 5/6/16. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-120, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-125 Leased vehicles.

(1) Prior to using a leased or rented vehicle as a limousine, the lessee must provide the department with a release-of-interest letter from the lessor.

(2) A leased or rented limousine must meet all of the requirements for a limousine vehicle certificate, as described in this chapter.

History

Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-125, filed 9/26/17, effective 10/27/17. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-125, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-130 Records.

(1) Each limousine carrier business must maintain business records, which must include, at a minimum:

(a) Vehicle inspection reports;

(b) Vehicle ownership registration records, including copies of records required for rental or leased vehicles;

(d) Chauffeur records, as identified in WAC 308-83-140;

(e) Passenger manifests;

(f) Dispatch logs;

(g) Contracts for related services; and

(h) Customer payment records.

(2) A limousine carrier must maintain records required under this section for at least three years from the date they are created or from the date they become obsolete, whichever date is later, with the exception of records required by subsection (1) (e) and (f) of this section. Records required under subsection (1) (e) and (f) of this section must be maintained for at least one year from the date they are created.

(3) Upon the sale or transfer of a limousine carrier business, the business records must be transferred to the new owner and become the property and responsibility of the new owner. The new owner must retain these records for at least one year after sale or transfer.

(4) All business records must be available for inspection by department representatives or enforcement officers at the limousine carriers business office.

History

Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-130, filed 9/26/17, effective 10/27/17. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-130, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-135 Audit of carrier records.

(1) The department may request a carrier to provide records required by chapter 46.72A RCW and this chapter for department inspection for the purpose of determining compliance with this chapter.

(a) The department may request the business owner send copies of records to the department within fourteen calendar days of the request; or

(b) A department representative may examine the records at the carrier's business office on record with the department, or at a mutually agreed upon location. The records will be examined at a mutually agreed upon place, date and time that is within three business days of the department's request.

(2) Failure to provide requested records to the department shall be subject to administrative action under chapter 18.235 RCW.

History

Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-135, filed 9/26/17, effective 10/27/17. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-135, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-140 Verifying chauffeur qualifications.

(1) A limousine carrier must obtain the information listed below and required under RCW 46.72A.090 for each of its chauffeurs. As provided under subsection (2)(e), (g), and (h) of this section, additional documentation will be required for all chauffeurs six months after the effective date of these rules.

(2) The documentation for each chauffeur must include:

(a) A clear photocopy of both front and back of the chauffeur's valid Washington state driver license;

(b) Documentation verifying that the chauffeur has passed a four (or more) hour National Safety Council Defensive Driving (NSCDD) course;

(d) A U.S. Department of Transportation Medical Examiner's Certificate completed within ninety days prior to hire by an examiner meeting the U.S. Department of Transportation standards under 49 C.F.R. 391.41-391.49. Validating the chauffeur's fitness to operate a limousine, in accordance with a two-year renewal cycle;

(e) An employment record driving abstract issued by the department which is not more than sixty days old at the time of hire. If the chauffeur has resided in another state within the past five years, the chauffeur must also provide a complete driving record from the previous state(s) of residence;

(f) Documentation must include a drug test report obtained within the previous ninety days from a facility meeting the U.S. Department of Transportation standards under 49 C.F.R. 40;

(g) Six months after the effective date of this rule, documentation must include a report or certificate from a drug testing facility meeting the U.S. Department of Transportation standards under 49 C.F.R. 382.305 stating that the chauffeur is participating in a random testing program. The carrier must obtain an updated report each year before recertifying the chauffeur with the annual license renewal application under WAC 308-83-145(2).

History

Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-140, filed 9/26/17, effective 10/27/17. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-140, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-145 Certifying chauffeur qualifications.

(1) Any person who is hired, assumes the duties of, or acts as a chauffeur either full-time, part-time, or in an intermittent hire capacity in Washington state, including a business owner, must meet the criteria listed in RCW 46.72A.090.

(2) Before a chauffeur operates a limousine, the limousine carrier must submit to the business licensing service a signed statement on a form provided by the department certifying that the carrier possesses the required documentation under WAC 308-83-140. With each annual renewal application, the limousine carrier must submit to the business licensing service an updated chauffeur certification statement listing each chauffeur employed by or driving for the carrier.

(3) Failure to submit a chauffeur's name and required identification on the certification statement form will result in the removal of a chauffeur from the carrier's limousine license record.

(4) No limousine carrier may allow, permit, or authorize a driver to drive a limousine motor vehicle during any period:

(a) In which the carrier does not have the required proof of all items under WAC 308-83-140; or

(b) In which the chauffeur has a driver license suspended, revoked, or canceled by the state, has lost the privilege to drive a limousine in this state, or has been disqualified from driving a limousine.

History

Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-145, filed 9/26/17, effective 10/27/17. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-145, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-150 Disqualification of chauffeurs.

As provided under RCW 46.72A.100, a person may be disqualified from driving as a chauffeur and the director may impose any of the sanctions specified in RCW 18.235.110 on the limousine carrier if the carrier employs someone whose documentation indicates that person is not qualified. Disqualification by the limousine carrier or the department is warranted if any of the following is true:

(1) A chauffeur fails to provide proof of meeting all of the criteria in RCW 46.72A.090 in the form and format described in WAC 308-83-140;

(2) A chauffeur is convicted of, or is found to have committed in the previous two years, two or more serious traffic violations, as defined under RCW 46.25.010 and WAC 308-100-130, while driving a motor vehicle of any kind;

(3) The chauffeur has had, within the previous five years, a conviction of a crime pertaining to:

(a) Prostitution;

(b) Gambling;

(d) Use of a machine gun in a felony (RCW 9.41.225);

(e) Felonies not defined by Title 9A RCW, if the maximum sentence of imprisonment authorized by law upon the first conviction of such felony is twenty years or more (RCW 9.94A.035);

(f) Criminal attempt when the crime attempted is murder in the first, murder in the second, or arson in the first (RCW 9A.28.020);

(g) Criminal conspiracy when the object of the conspiratorial agreement is murder in the first (RCW 9A.28.040);

(h) Murder in the first (RCW 9A.32.030);

(i) Murder in the second (RCW 9A.32.050);

(j) Homicide by abuse (RCW 9A.32.055);

(k) Manslaughter in the first (RCW 9A.32.060);

(l) Assault in the first (RCW 9A.36.011);

(m) Assault of a child in the first (RCW 9A.36.120);

(n) Kidnapping in the first (RCW 9A.40.020);

(o) Rape in the first (RCW 9A.44.040);

(p) Rape in the second (RCW 9A.44.050);

(q) Rape of a child in the first (RCW 9A.44.073);

(r) Rape of a child in the second (RCW 9A.44.076);

(s) Child molestation in the first (RCW 9A.44.083);

(t) Arson in the first (RCW 9A.48.020);

(u) Burglary in the first (RCW 9A.52.020);

(v) Robbery in the first (RCW 9A.56.200);

(w) Rendering criminal assistance in the first if to a person who has committed or is being sought for murder in the first or any class A felony or equivalent juvenile offense (RCW 9A.76.070);

(x) Bail jumping if the person was held for, charged with, or convicted of murder in the first (RCW 9A.76.170);

(y) Leading organized crime as defined under RCW 9A.82.060 (1)(a);

(z) Malicious placement of an explosive in the first (RCW 70.74.270);

(aa) Malicious explosion of a substance in the first (RCW 70.74.280);

(bb) Malicious explosion of a substance in the second (RCW 70.74.280);

(cc) Homicide by watercraft (RCW 79A.60.050); or

(dd) Any crime directly related to the occupation of chauffeur, including: Crimes concerning honesty and integrity including, but not limited to, fraud, larceny, burglary, and extortion;

(4) A chauffeur is a registered sex offender;

(5) A chauffeur has been found to have exhibited past conduct in driving or operating a vehicle that would lead the director to reasonably conclude that the applicant will not comply with the provisions of the chapter related to driver and operator conduct and the safe operation of the vehicle;

(6) The medical examiner's certificate is expired or is incomplete or the chauffeur's physical fitness has been called into question; or

(7) A report has been received by the department under RCW 46.72A.090 that the chauffeur has received a verified positive drug test or positive alcohol confirmation test as part of the testing program conducted under 49 C.F.R. 40. A report that a chauffeur has refused a drug test, under circumstances that constitute the refusal of a federal department of transportation drug test under 49 C.F.R. 40, will be considered equivalent to a report of a verified positive drug test for the purposes of this section.

History

Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-150, filed 9/26/17, effective 10/27/17. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-150, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-151 Reinstatement after disqualification.

(1) The department may reinstate a chauffeur when a limousine carrier contacts the department to request reinstatement.

(2) A disqualification under WAC 308-83-150(7) remains in effect until the person undergoes a drug and alcohol assessment by a substance abuse professional meeting the requirements of 49 C.F.R. 40, and the person presents evidence of satisfactory participation in or successful completion of a drug or alcohol treatment or education program as recommended by the substance abuse professional, and until the person has met the requirements of RCW 46.72A.090. The substance abuse professional must forward a diagnostic evaluation and treatment recommendation to the department for use in determining the person's eligibility for driving a limousine.

(3) When a chauffeur has been disqualified from operating a limousine based on a medical report under WAC 308-83-150(6), the person is not entitled to operate a limousine until the limousine carrier has received a medical examiner's certificate completed within the previous ninety calendar days by an examiner meeting the U.S. Department of Transportation standards under 49 C.F.R. 391.41-391.49. If at any time the chauffeur's physical fitness has been called into question, the department may require the person to undergo an additional physical medical examination.

(4) All costs associated with compliance with orders issued under this section are the responsibility of the chauffeur.

History

Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-151, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-155 Reporting an unfit chauffeur.

A limousine carrier must:

(1) Within four business days, report in writing to the department any driving or traffic-related incidents involving a chauffeur associated with the business. The report must include:

(a) The chauffeur's name and driver license number;

(b) The carrier's name, UBI number, and phone number.

(2) When available, all limousine business owners must also provide to the department notification in writing of any:

(a) Conviction for a traffic violation; and

(b) Suspension, revocation, cancellation, or denial of driving privileges.

(3) If a limousine carrier knows that a chauffeur in his or her employ has refused to submit to drug or alcohol testing, the carrier shall, within one business day of knowing the fact, notify the department that the driver has refused to submit to the required testing.

(4) Notify the department regarding the employment status of any chauffeur who meets one or more of the conditions specified in RCW 46.72A.100 within one business day of becoming aware of the chauffeur meeting the condition(s).

History

Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-155, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-200 Prearrangement.

(1) Chauffeurs must have a passenger manifest in their possession to operate a limousine:

(a) The passenger manifest must be available for immediate examination upon request from an enforcement officer. If the chauffeur is inside the limousine, the manifest must be inside the limousine. If the chauffeur is outside the limousine, the manifest must be carried by the chauffeur;

(b) The chauffeur must document with the limousine carrier business office, and note on the passenger manifest the times, to the hour and minute, when the chauffeur is on duty;

(c) Trips must be prearranged at least fifteen minutes before the passenger is scheduled to be picked up unless dispatched from a limousine carrier's business office.

(2) The passenger manifest may be a paper or electronic record and must contain information to verify prearrangement of limousine services. The records must be in English. The manifest must contain:

(a) The full name and daytime telephone number for the person who prearranged the limousine service;

(b) The time, date, and location where the passenger requested to be picked up;

(d) If payment was due or was prepaid.

(3) The manifest is to cover all rides that have been scheduled up to that point for that day.

(4) A limousine carrier must ensure that chauffeurs operating limousines do not:

(a) Pick up persons who have not prearranged services;

(b) Load passengers or their luggage into their vehicle without having a passenger manifest that includes the customer information for that passenger;

(d) Use a third-party to provide passengers for them as a substitute for prearranging the service. This section does not preclude hotels from contracting with limousine carriers to prearrange rides for guests;

(e) Stand near doors or walkways to businesses or transportation centers in a manner so that persons must walk around them to enter or exit;

(f) Touch members of the public or touch their luggage or packages without consent; or

(g) Overstay the time limit within a passenger load zone.

History

Statutory Authority: Chapters 46.72A, 43.24, and 46.04 RCW. WSR 17-20-019, § 308-83-200, filed 9/26/17, effective 10/27/17. Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-200, filed 12/29/11, effective 2/1/12.

Wash. Admin. Code § 308-83-210 Operating a limousine.

(1) A chauffeur is considered to be engaged in operating a limousine when:

(a) The chauffeur has documented with the limousine carrier business office the times when the chauffeur is on duty, which includes start and end of shift, meal breaks, and personal use of the vehicle;

(b) The chauffeur is displaying a sign showing the name of the passenger for whom the chauffeur is waiting, while sitting in a parked limousine or standing away from the vehicle;

(d) The chauffeur's limousine is parked, stopped, or standing:

(i) In a designated passenger load zone, or public or private short-term parking area located in the same or adjacent block of any transportation company, hotel, restaurant, sport stadium, convention center, or any other business that is regularly serviced by limousines; or

(ii) In a public street located in the same or adjacent block of any transportation company, hotel, restaurant, sport stadium, convention center, or any other business that is regularly serviced by limousines;

(e) The chauffeur is present for more than thirty minutes on the sidewalk or any public place located in the same or adjacent block of any transportation company, hotel, restaurant, sport stadium, convention center, or any other business that is regularly serviced by limousines; or

(f) The chauffeur offers transportation services to persons including, but is not limited to:

(i) Asking whether a person wants or needs a ride; asking whether a person wants or needs a cab, taxi or taxicab;

(ii) Stating to the person that the person can arrange for the chauffeur's service by calling a telephone number;

(iii) Asking whether the person is going to the airport or another destination;

(iv) Informing the person that the chauffeur has a vehicle available;

(v) Stating that the price for a trip is the same as a taxicab;

(vi) Stating a price to a person;

(vii) Reaching for or touching the person's bags or luggage;

(viii) Motioning for a person to come;

(ix) Honking a horn at a person; or

(x) Using any similar action or speech that a reasonable person would interpret as offering transportation services.

(2) At all times of operation, chauffeurs must carry on their person a valid Washington state driver license and present it upon request to any enforcement officer.

(3) Any chauffeur accepting payment at the time of a trip must provide a written receipt to the payor immediately upon payment or completion of the trip, showing:

(a) The name, UBI number, and phone number of the carrier business;

(b) The name of the chauffeur conducting the trip;

(d) Pickup and drop-off date, time, and location.

History

Statutory Authority: Chapters 46.72A, 46.04 RCW, RCW 43.24.086 and 2011 c 374. WSR 12-02-035, § 308-83-210, filed 12/29/11, effective 2/1/12.

Chapter 308-88 Rental car taxation and licensing.

Wash. Admin. Code § 308-88-020 Application and registration of rental vehicle businesses.

(1) What is required to become a rental vehicle business?

(a) Applicants must apply for a rental vehicle business license by submitting a completed business license application to the department of revenue's business licensing service. The business licensing service will process the application on behalf of the department of licensing.

(b) A separate business license application must be filed for each place of business operated as a rental vehicle business. For the purposes of this section, "place of business" means a physical location at which arrangements to rent a rental vehicle may be made.

(c) Businesses operating in the form of a corporation, limited liability company, limited liability partnership, or similar form of legal entity must register their legal entity through the office of the secretary of state before applying for a rental vehicle business license.

(2) What will I receive as proof that I qualified as a vehicle rental business? A rental vehicle business registration number will be issued to your business and displayed on the business license.

(3) Can I transfer my business registration number to another company? No. The rental vehicle business registration number issued through the business licensing service is not assignable or transferable, and is valid only for the rental vehicle business to which the registration number (R-number) was issued.

History

Statutory Authority: RCW 46.01.110 and 46.87.023. WSR 14-12-090, § 308-88-020, filed 6/3/14, effective 7/4/14. Statutory Authority: RCW 46.01.110. WSR 07-02-077, § 308-88-020, filed 1/2/07, effective 2/2/07
WSR 04-01-162, § 308-88-020, filed 12/22/03, effective 1/22/04
WSR 00-06-024, § 308-88-020, filed 2/23/00, effective 3/25/00. Statutory Authority: ESHB 2964, § 7(9). WSR 93-01-066, § 308-88-020, filed 12/11/92, effective 1/11/93.

Chapter 308-89 Transportation of passengers in for hire vehicles.

Wash. Admin. Code § 308-89-010 For hire liability and property damage insurance.

(1) For hire businesses must maintain liability and property damage insurance for each vehicle as required in RCW 46.72.050.

(2) The bond or certificate of insurance must be submitted before a vehicle certificate may be issued, reissued, or renewed. The bond or the certificate of insurance shall include: (a) The name of the insured in the same manner as will appear on the master license; (b) operating name (c) inception and expiration dates of coverage; (d) the name of the insuring company; (e) the policy number; and (f) the year, make and vehicle identification number of each vehicle operated or intended to be operated.

(3) The director may refuse any insurance policy submitted with one or more of the following conditions present: (a) Any policy containing a deductible clause for any amount deductible, unless the policy clearly states that all claims under the policy will be directly paid in full to the claimant including the deductible amount by the insurer; (b) any policy containing a clause restricting the insured's age in regard to insurance validity; and (c) any policy which is determined to be a "surplus line" policy, as described in RCW 48.15.040, [without the appropriate affidavit being filed] with the office of the insurance commissioner.

(4) Cancellation: In the event of cancellation of the coverage noted on the policy, the insuring company shall serve a copy of such notice upon the director of the department of licensing which shall not be less than ten days prior to the date fixed in the notice as the date of termination of liability.

Wash. Admin. Code § 308-89-020 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "For hire vehicle" as defined in chapter 87, Laws of 1996, RCW 46.72.010(1), 46.04.190, and such other vehicles used for the purpose of transporting passengers for compensation and not excluded in RCW or WAC.

(2) "Cabulance" cabulance transportation is appropriate for persons confined to wheelchairs or persons otherwise physically restricted such that they cannot be safely transported by public mass transportation vehicles, taxicabs, or automobiles. Persons transported by cabulance must be stable, must not be incapacitated from medications, nor in need of oxygen or medical attention enroute;

(3) "Business owner" means operator or carrier as defined in chapter 87, Laws of 1996 and RCW 46.72.010(2).

(4) "Person or persons" means an individual, a corporation, association, joint stock association, partnership, limited liability partnership or limited liability companies, or their lessees, trustees, or receivers.

(5) "Public highway" includes every public street, road, or highway in this state.

(6) "Master license" as defined in chapters 19.02 RCW.

(7) "Vehicle certificate" is a for hire vehicle certificate issued by the department which must be carried in the for hire vehicle at all times. The vehicle certificate is not the vehicle registration.

(8) "Operating name" means trade name as defined in chapter 19.80 RCW.

History

Statutory Authority: 1996 c 87. WSR 96-16-032, § 308-89-020, filed 8/1/96, effective 9/1/96. Statutory Authority: ESSB 6460 and RCW 46.72.120. WSR 92-12-036, § 308-89-020, filed 5/29/92, effective 7/1/92. Statutory Authority: RCW 46.72.120. WSR 85-21-034 (Order TL-RG-18), § 308-89-020, filed 10/11/85.

Wash. Admin. Code § 308-89-030 Nonresident.

A nonresident business owner of for hire vehicle(s) is one whose place of residence state does not participate in a reciprocal agreement with Washington state. Nonresident business owners are subject to any and all requirements and restrictions which apply to the resident business owner. Nonresident insurance certificates will not be accepted with any limiting clause or statement which may invalidate the coverage upon entrance into the state of Washington.

History

Statutory Authority: 1996 c 87. WSR 96-16-032, § 308-89-030, filed 8/1/96, effective 9/1/96. Statutory Authority: RCW 46.72.120. WSR 85-16-088 (Order TL-RG-15), § 308-89-030, filed 8/6/85.

Wash. Admin. Code § 308-89-040 Applications/for hire vehicle certificates.

(1) All applications for a for hire business license shall be on a master application and accompanied by a filing fee as listed in WAC 308-060 and RCW 19.02.075.

(2) To acquire a vehicle certificate for each vehicle intended to be operated as a for hire vehicle, the for hire business shall submit to the department, the vehicle registration, the bond or certificate of insurance, and fees as defined in WAC 308-89-060.

(a) The certificate will be issued in the name of the business owner and the operating name. The bond or certificate of insurance and vehicle registration must be issued in the exact name of the business owner and trade name that will appear on the master license.

(b) The vehicle registration must have the use class recorded as either "CAB" or "F/H."

(3) Remittances shall be made by any legal tender as authorized by the department.

History

Statutory Authority: 1996 c 87. WSR 96-16-032, § 308-89-040, filed 8/1/96, effective 9/1/96. Statutory Authority: ESSB 6460 and RCW 46.72.120. WSR 92-12-036, § 308-89-040, filed 5/29/92, effective 7/1/92. Statutory Authority: RCW 46.72.120. WSR 85-16-088 (Order TL-RG-15), § 308-89-040, filed 8/6/85.

Wash. Admin. Code § 308-89-050 Licenses.

(1) The department will not issue a for hire business license to any person who does not meet the requirements established in chapter 46.72 RCW and chapter 308-89 WAC.

(2) For hire business licenses may not be leased, assigned, or otherwise transferred.

(3) The vehicle certificate must be renewed annually on, or before the expiration date. Failure to renew prior to the expiration date will result in penalty fees as defined in chapter 19.02 RCW. No vehicle may continue to be operated as a for hire vehicle if its vehicle certificate has expired.

(4) The vehicle certificate renewal must include the bond or certificate of insurance.

History

Statutory Authority: 1996 c 87. WSR 96-16-032, § 308-89-050, filed 8/1/96, effective 9/1/96. Statutory Authority: ESSB 6460 and RCW 46.72.120. WSR 92-12-036, § 308-89-050, filed 5/29/92, effective 7/1/92. Statutory Authority: RCW 46.72.120. WSR 85-16-088 (Order TL-RG-15), § 308-89-050, filed 8/6/85.

Wash. Admin. Code § 308-89-060 Fees.

The department, as authorized in RCW 46.72, shall charge and collect the following fees:

| For hire business application | $110.00 | | --- | --- | | Vehicle certificate | 55.00 | | Vehicle certificate renewal | 55.00 | | Change of vehicle certificate* | 55.00 | | Duplicate vehicle certificate | 55.00 |

| * | No vehicle certificate fee will be charged for a name or address change, unless the change involves new ownership of the business or the vehicle. | | --- | --- |

History

Statutory Authority: RCW 46.72.120 and 46.01.110. WSR 16-11-027, § 308-89-060, filed 5/9/16, effective 6/9/16. Statutory Authority: RCW 46.72.120 and 2012 c 86 § 208(20). WSR 12-24-046, § 308-89-060, filed 11/30/12, effective 1/1/13. Statutory Authority: 1996 c 87. WSR 96-16-032, § 308-89-060, filed 8/1/96, effective 9/1/96. Statutory Authority: ESSB 6460 and RCW 46.72.120. WSR 92-12-036, § 308-89-060, filed 5/29/92, effective 7/1/92.

Chapter 308-90 Vessel dealer registration.

Wash. Admin. Code § 308-90-030 Definitions.

(1) "Firm" means a person, partnership, association or corporation engaged in the business of selling vessels at retail or wholesale in this state.

(2) "Display decal" means a vessel dealer identifier designed and produced by the department which is used by Washington registered vessel dealers.

(3) "Identification card" is a card that may be issued by a firm identifying a person as authorized to operate vessels for vessel dealer business.

(4) "Bona fide employee" is a person who works for the firm and appears on the firm's employment records.

(5) "Consignment" means an arrangement whereby a vessel dealer accepts entrustment of a vessel and agrees to sell the vessel on behalf of another.

(6) "Listing" means an arrangement whereby the seller will compensate the vessel dealer to obtain a willing purchaser for the seller's vessel.

(7) "Broker" means a vessel dealer who arranges the sale between the buyer and seller of a vessel and receives a form of compensation.

History

Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-030, filed 1/19/88. Statutory Authority: 1983 c 7. WSR 83-14-061 (Order 722 DOL), § 308-90-030, filed 7/1/83.

Wash. Admin. Code § 308-90-040 Dealer registration application form.

How do I apply for a vessel dealer registration?

Any firm making application for registration as a vessel dealer under chapter 88.02 RCW shall, on a form provided by the department, provide the following information:

(1) The name and business address of the firm and a list of additional business addresses of the firm, if any.

(2) The name of all owners of ten percent or more of the assets of the firm and title(s) of office held, if any.

(3) The firm's business structure and place of organization.

(4) The uniform business identification number issued by the department of licensing.

(5) Whether the applicant has been adjudged guilty of a crime which directly relates to the marine trade industry and the time elapsed since the conviction is less than ten years, and in the case of a corporation, partnership, or limited liability company all directors, officers, partners or members.

(6) Any other information the department may reasonably require.

History

Statutory Authority: RCW 88.02.100. WSR 03-22-095, § 308-90-040, filed 11/5/03, effective 12/6/03
WSR 02-05-073, § 308-90-040, filed 2/20/02, effective 3/23/02. Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-040, filed 1/19/88. Statutory Authority: 1983 c 7. WSR 83-14-061 (Order 722 DOL), § 308-90-040, filed 7/1/83.

Wash. Admin. Code § 308-90-060 Display of registration.

(1) The registration of a dealer shall be prominently displayed, visible to the public at the address appearing on the registration.

(2) A copy of the vessel dealer registration shall be displayed as in subsection (1) of this section at all business locations of the firm.

History

Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-060, filed 1/19/88. Statutory Authority: 1983 c 7. WSR 83-14-061 (Order 722 DOL), § 308-90-060, filed 7/1/83.

Wash. Admin. Code § 308-90-070 Dealer registration numbers.

How do I use my dealer registration number and my registration card?

(1) The department shall assign a registration number to each firm registered as a dealer. In addition, the department shall issue a registration card, as ordered by the dealer, indicating the dealer number and separate suffix letters. The registration number shall be consistent with the standard numbering system for vessels set forth in volume 33, part 174, of the Code of Federal Regulations. (Example: WN 7XXX —)

(2) Dealer registration numbers may be displayed on vessels owned by the dealer when being operated on the water pursuant to RCW 88.02.023. No two vessels may display the same dealer registration number at the same time. The dealer registration card corresponding to the displayed registration number must be kept inside the vessel during such operation.

(3) Dealer registration numbers shall be displayed in three inch block numbers/letters on both sides of the forward one-half of the vessel. Dealer registration numbers may be affixed to a removable display fixture. The numbers/letters shall be displayed in a single line.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-073, § 308-90-070, filed 2/20/02, effective 3/23/02
WSR 96-24-042, § 308-90-070, filed 11/27/96, effective 12/28/96. Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-070, filed 1/19/88. Statutory Authority: 1983 c 7. WSR 83-14-061 (Order 722 DOL), § 308-90-070, filed 7/1/83.

Wash. Admin. Code § 308-90-080 Registration fee—Renewal.

What fees do I pay for the vessel dealer registration, its renewal and dealer decals?

(1) Any firm desiring to be a dealer must include with the application the required registration fee of one hundred twenty dollars.

(2) Vessel dealers must reapply for a registration on or before the expiration of their registration.

(3) The annual registration renewal fee of sixty dollars must be paid on or before each renewal date. If an application for renewal is not received by the department on or before the last day of the expiration month the registration is expired. The registration may be reinstated at any time within the next succeeding thirty days if renewal application and payment of the annual renewal fee, then in default, are received by the department. Registrations not renewed within thirty days of the renewal date shall be cancelled. A new registration may be obtained by satisfying the procedures and qualifications for initial registration.

(4) If no department denial action is pending, the department shall issue a vessel dealer registration and renewal decals depicting the expiration of the registration upon receipt of a dealer's renewal fee and renewal application. The dealer shall affix the decal as a prefix to the dealer registration number on any vessels operated on the waters pursuant to RCW 88.02.023. The fee for the initial decal shall be forty dollars. Additional decals may be issued for a fee of twenty dollars for each set.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-073, § 308-90-080, filed 2/20/02, effective 3/23/02. Statutory Authority: RCW 88.02.060(4). WSR 89-18-028, § 308-90-080, filed 8/29/89, effective 9/29/89. Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-080, filed 1/19/88. Statutory Authority: 1983 c 7. WSR 83-14-061 (Order 722 DOL), § 308-90-080, filed 7/1/83.

Wash. Admin. Code § 308-90-090 Change of business location.

What must I do to change business locations?

The dealer must notify the department of any change of the firm's business location or mailing address prior to engaging in business at the new location. Notification shall be made by filing a change of address application on a form provided by the department. The vessel dealer will be required to provide a list of all business locations of the firm when changing the business address of the firm's office.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-073, § 308-90-090, filed 2/20/02, effective 3/23/02. Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-090, filed 1/19/88. Statutory Authority: 1983 c 7. WSR 83-14-061 (Order 722 DOL), § 308-90-090, filed 7/1/83.

Wash. Admin. Code § 308-90-100 Termination of business.

What do I do with the dealer registration upon termination of business?

The registration must be retained at all times by the dealer. When the dealer ceases to do business in the name or at the location indicated on the registration the dealer must immediately notify the director of the termination and return the registration to the department; attention Dealer/Manufacturer Services.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-073, § 308-90-100, filed 2/20/02, effective 3/23/02. Statutory Authority: 1983 c 7. WSR 83-14-061 (Order 722 DOL), § 308-90-100, filed 7/1/83.

Wash. Admin. Code § 308-90-110 Statement of change in business structure, ownership interest or control.

What if the business structure or ownership changes?

Any person, firm, association, limited liability company (L.L.C.), corporation or trust registered as a dealer must, within ten days following any change in its business or ownership structure, file with the department a statement describing with particularity the change in its business structure or the change in its ownership interest. In addition, persons newly assuming executive or control functions, including but not limited to new L.L.C. members, corporate officers, directors, majority stockholders, managing partners, or managing trustees, must file within ten days of assuming such function.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-073, § 308-90-110, filed 2/20/02, effective 3/23/02. Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-110, filed 1/19/88. Statutory Authority: 1983 c 7. WSR 83-14-061 (Order 722 DOL), § 308-90-110, filed 7/1/83.

Wash. Admin. Code § 308-90-120 Trust account.

(1) The deposit trust account required by RCW 88.02.220 must be established and maintained within Washington state.

(2) The dealer's separate trust account cannot accrue interest.

(3) Any fees assessed by the depository against the trust account shall not be paid from purchasers trust funds.

History

Statutory Authority: RCW 88.02.100. WSR 07-03-120, § 308-90-120, filed 1/22/07, effective 2/22/07. Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-120, filed 1/19/88.

Wash. Admin. Code § 308-90-130 Consignment.

How do I handle consignment sales?

(1) All funds received from purchasers, including deposits, payments, or proceeds from the sale of trade-in vessels on a consignment sale, shall be placed in the vessel dealers trust account as required in RCW 88.02.220, and those funds shall remain in such trust account until the consignor's and the legal owner's interest, if any, have been fully satisfied.

(2) If the sale of a consigned vessel is a retail sale the vessel dealer is required to transfer title as required by RCW 88.02.125.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-073, § 308-90-130, filed 2/20/02, effective 3/23/02
WSR 96-24-042, § 308-90-130, filed 11/27/96, effective 12/28/96. Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-130, filed 1/19/88.

Wash. Admin. Code § 308-90-140 Listing.

How would I handle the trust account relative to listed vessels?

(1) All funds received from purchasers, including deposits, payments, or proceeds from the sale of trade-in vessels on a listing sale shall be placed in the vessel dealer's trust account as required by RCW 88.02.220, and those funds shall remain in such trust account until the listed vessel sale is completed.

(2) At the time the sale is completed, and at vessel delivery, the listing dealer shall pay any outstanding liens from trust funds in order to obtain title for transfer.

(3) If the sale of a listed vessel is a retail sale the vessel dealer is required to transfer title as provided by RCW 88.02.125.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-073, § 308-90-140, filed 2/20/02, effective 3/23/02. Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-140, filed 1/19/88.

Wash. Admin. Code § 308-90-150 Title transfer.

How must I handle the title in a retail sale?

(1) The vessel dealer is required to make application for title in the purchaser's name within thirty days following the retail sale of the vessel.

(2) The vessel dealer or the dealer's authorized agent shall sign or type their firm name and vessel dealer number on the purchaser's application for title. An authorized agent must give their title.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-073, § 308-90-150, filed 2/20/02, effective 3/23/02
WSR 92-06-009, § 308-90-150, filed 2/24/92, effective 3/26/92. Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-150, filed 1/19/88.

Wash. Admin. Code § 308-90-160 Bond exemption.

How can I be exempt from the requirement for a surety bond?

(1) Applicants or registered vessel dealers desiring to be exempt from the bonding requirement must provide a statement to the department that they sell fifteen or fewer vessels per year none of which has a retail value of more than two thousand dollars each.

(2) Registered vessel dealers who have stated that they qualify for the exemption shall immediately file the required surety bond with the department at the time their sales exceed the statutory exemption number or value. Failure to file the bond will subject the vessel dealer to penalties prescribed in RCW 88.02.188.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-073, § 308-90-160, filed 2/20/02, effective 3/23/02
WSR 96-24-042, § 308-90-160, filed 11/27/96, effective 12/28/96. Statutory Authority: 1987 c 149 § 1. WSR 88-03-038 (Order DLR-162), § 308-90-160, filed 1/19/88.

Chapter 308-91 Reciprocity and proration.

Wash. Admin. Code § 308-91-030 Definitions.

The definitions set forth below, and in chapters 46.04, 46.85, and 46.87 RCW, apply throughout this chapter.

For the purpose of this code, the terms "apportioned," "proration," "prorate," "International Registration Plan (IRP)," and "proportional registration" are synonymous.

(1) "Bus" (BS) means every motor vehicle designed for carrying more than five passengers and the driver and used primarily for the transportation of people.

(2) "Combination of vehicles" means a power unit used in combination with trailer(s), semitrailer(s) and/or converter gear.

(3) "Department" means the department of licensing, state of Washington.

(4) "Dump truck" (DT) means a truck whose contents are unloaded by tilting the truck bed backward with the tailgate open.

(5) "Interstate or interjurisdiction movement" means vehicle movement between or through two or more jurisdictions.

(6) "Intrastate or intrajurisdiction movement" means vehicle movement within a single jurisdiction, from one point within that jurisdiction to another point within the same jurisdiction.

(7) "Latest purchase cost or price" means the actual purchase cost or price, if reasonable, for a vehicle paid by the current owner, including the value of any trade-in or other valuable considerations, cost of accessories and modifications but excluding taxes, transportation or shipping costs, and preparatory or delivery costs. Reasonable purchase cost is considered to be the value of the vehicle as determined from guide books, reports or compendiums of value recognized in the automotive industry. All values are to be expressed in United States dollars.

(8) "Lessee" means a person, firm or corporation which has legal possession and control of a vehicle owned by another under the terms of a lease agreement.

(9) "Lessor" means a person, firm or corporation which, under the terms of a lease, grants the legal right of possession, control of and responsibility for the operation of the vehicle to another person, firm or corporation.

(10) "Owner-operator" means an equipment lessor who leases their vehicle with driver to a carrier.

(11) "Reciprocity jurisdiction" means a jurisdiction with which the state of Washington extends vehicle license reciprocity as provided for in chapter 46.85 RCW.

(12) "Reporting period" means the period of twelve consecutive months prior to July 1st. If the registration year begins in July, August, or September, the reporting period will be the previous July 1st through June 30th in the prior calendar year.

(13) "Road tractor" (RT) means every motor vehicle designed without a fifth wheel and used for drawing other vehicles by use of a ball hitch and so constructed as to carry part of the weight of a vehicle or load so drawn (commonly referred to as a mobile home toter).

(14) "Tractor" (TR) means every motor vehicle designed and used primarily for drawing other vehicles but not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(15) "Trip lease" means a lease of vehicle(s) to a carrier (lessee) for a single interjurisdictional movement. The term may also include a similar intrajurisdictional movement where such movement is authorized under the laws of the jurisdiction.

(16) "Truck" (TK) means every motor vehicle designed, used or maintained primarily for the transportation of property (the maximum gross weight for solo trucks with three axles is 54,000 pounds) under RCW 46.87.040.

(17) "Truck tractor" (TT) means every motor vehicle designed and used primarily for drawing other vehicles but so constructed as to carry a load thereon in addition to a part of the weight of the vehicle and load so drawn (dromedary).

(18) "Utility trailer" means any full trailer or semitrailer constructed and used solely for the purpose of carrying property and not to exceed a gross weight of 6,000 pounds.

History

Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-030, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 46.87.010. WSR 00-01-150, § 308-91-030, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.87.010(2). WSR 94-13-012, § 308-91-030, filed 6/2/94, effective 7/3/94. Statutory Authority: RCW 46.01.110 and 46.87.010(2). WSR 91-06-093, § 308-91-030, filed 3/6/91, effective 4/6/91
WSR 90-16-072, § 308-91-030, filed 7/30/90, effective 9/1/90. Statutory Authority: RCW 46.87.010 (1) and (2) and 46.87.020. WSR 89-07-036 (Order PFT 89-04), § 308-91-030, filed 3/10/89. Statutory Authority: RCW 46.87.010(2), 46.01.110 and chapters 46.87 and 46.85 RCW. WSR 88-06-061 (Order PFT 8803), § 308-91-030, filed 3/2/88. Statutory Authority: RCW 46.01.110. WSR 84-02-019 (Order 739 DOL), § 308-91-030, filed 12/28/83.

Wash. Admin. Code § 308-91-040 General provisions.

(1) Can carriers separate their apportionable vehicles into more than one fleet? Yes, carriers may separate their apportionable vehicles into two or more fleets.

(2) How must I display my cab card? The original paper cab card, a legible paper copy, or a legible electronic image must be carried in or on the vehicle to which it has been issued. If you have renewed for a subsequent registration year but are still operating in the current registration year, you are required to carry both cab cards.

(3) Are photocopies of the cab card acceptable? Yes, a photocopy of the original cab card is acceptable provided the copy is legible.

(4) May my proportional registration credentials be transferred? Yes, vehicle license plates and validation tabs may be transferred when moving the vehicles from one fleet to another fleet for the same registrant. Cab card(s) cannot be transferred under any circumstance.

(5) When must I surrender my proportional registration credentials? Cab card(s) must be surrendered in order to receive license fee credit unless the supplement is filed electronically.

(6) Under what circumstances may Washington license fees be adjusted? For any unpaid invoices, Washington license fees may be adjusted, in one-twelfth increments, if reasonable cause has been established. Reasonable cause may be considered as the demise of the registrant, destruction of a vehicle, theft or other cause the department determines otherwise acceptable. Washington license fees may also be adjusted by audit.

History

Statutory Authority: RCW 46.87.010. WSR 19-08-065, § 308-91-040, filed 3/29/19, effective 4/29/19. Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-040, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 46.87.010. WSR 00-01-150, § 308-91-040, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.87.010(2). WSR 94-13-012, § 308-91-040, filed 6/2/94, effective 7/3/94. Statutory Authority: RCW 46.01.110 and 46.87.010(2). WSR 90-16-072, § 308-91-040, filed 7/30/90, effective 9/1/90. Statutory Authority: RCW 46.87.080, 46.87.130, 46.87.140, 88.44.060 [82.44.060], 46.87.010(2) and 82.44.100. WSR 89-07-035 (Order PFT 89-03), § 308-91-040, filed 3/10/89. Statutory Authority: RCW 46.87.010(2), 46.01.110 and chapters 46.87 and 46.85 RCW. WSR 88-06-061 (Order PFT 8803), § 308-91-040, filed 3/2/88. Statutory Authority: RCW 46.01.110. WSR 84-02-019 (Order 739 DOL), § 308-91-040, filed 12/28/83.

Wash. Admin. Code § 308-91-050 Applications for proportional registration.

(1) How do I apply for proportional registration? Application for proportional registration must be submitted to the Motor Carrier Section by mail, fax or online via Taxpayer Access Point (TAP). Incomplete applications may be returned.

(2) What titling/registration options are available to owner-operators registering vehicles under the IRP? Options available for owner-operators registering under the IRP are:

(a) The owner-operator may be the registrant. The vehicle(s) will be titled and registered in the owner-operator's name only. The cab card will show the name of the owner-operator followed by the name of the carrier to whom the vehicle(s) and driver(s) are leased for operations. The owner-operator will be responsible for registration of such vehicles(s), and establishing and maintaining records required of proportionally registered fleets.

(b) The carrier (lessee) may be the registrant. The vehicle(s) will be titled and registered in the names of both the carrier as lessee and the owner-operator as lessor. The carrier will be responsible for registration of such vehicle(s), and establishing and maintaining records required of proportionally registered fleets.

(3) What titling/registration options are available to household goods carriers registering vehicles under the IRP? Household goods carriers may register vehicles under the IRP if:

(a) The agent is the lessor and the company is the lessee, you may title and register as dual applicants. Under this procedure, the lessor's fleet is prorated in its name and cab cards are issued in the name of both the lessor and lessee. The IRP application is based on the lessor's vehicles and the mileage accumulated by the lessor under its name and that of the lessee; or

(b) Owner-operators, other than service representatives, who exclusively transport cargo for household goods carriers, must register their vehicle in the carriers base jurisdiction. Registration must be in both the owner-operator's name and that of the carrier as lessee.

(4) What is a temporary authority (TA)? Authorization by the department that allows operation of a vehicle pending issuance of permanent credentials. This is only issued by the department.

(5) May I receive a TA? Yes, you may receive a temporary authority if the proper documents relating to the vehicles have been received by the department and the following conditions have been met:

(a) The applicant's proportional registration account is active and considered to be in good standing. Good standing is an active account and there has been no collection activity in the previous two years; or

(b) You have an existing account and start a new fleet; or

(6) How long is the TA effective? The department may determine the duration of the TA, not to exceed two months from the effective date.

(7) How can I receive a TA? A TA is issued by:

(a) Mail;

(b) Facsimile (fax) transmission;

(d) Taxpayer Access Point (TAP); or

(e) Through a prorate and fuel tax licensing services office.

History

Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-050, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 46.87.010. WSR 00-01-150, § 308-91-050, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.87.010(2). WSR 94-13-012, § 308-91-050, filed 6/2/94, effective 7/3/94. Statutory Authority: RCW 46.01.110 and 46.87.010(2). WSR 90-16-072, § 308-91-050, filed 7/30/90, effective 9/1/90. Statutory Authority: RCW 46.87.080, 46.87.130, 46.87.140, 88.44.060 [82.44.060], 46.87.010(2) and 82.44.100. WSR 89-07-035 (Order PFT 89-03), § 308-91-050, filed 3/10/89. Statutory Authority: RCW 46.87.010(2), 46.01.110 and chapters 46.87 and 46.85 RCW. WSR 88-06-061 (Order PFT 8803), § 308-91-050, filed 3/2/88. Statutory Authority: RCW 46.01.110. WSR 84-02-019 (Order 739 DOL), § 308-91-050, filed 12/28/83.

Wash. Admin. Code § 308-91-055 Application records—Preservation—Content.

An owner must preserve the records on which the owner's application for apportioned registration is based for a period of three years following the close of the registration year. These records shall be complete and shall include, but not be limited to, the following: Copies of proportional registration applications and supplements for all jurisdictions in which the fleet is prorated; proof of proportional or full registration with other jurisdictions; vehicle license or trip permits; temporary authorization permits; documents establishing the latest purchase year and cost of each fleet vehicle in ready-for-the-road condition; weight certificates indicating the unladen, ready-for-the-road, weight of each vehicle in the fleet; periodic summaries of mileage by fleet and by individual vehicles; individual trip reports, driver's daily logs, or other source documents maintained for each individual trip that provide trip dates, points of origin and destinations, total miles traveled, miles traveled in each jurisdiction, routes traveled, vehicle equipment number, driver's full name, and all other information pertinent to each trip.

History

Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-055, filed 1/19/16, effective 2/19/16.

Wash. Admin. Code § 308-91-060 Reporting actual mileage and prorate percentage.

(1) How does the preceding year mileage relate to the application Schedule B? The Schedule B application is used to list all actual miles traveled by all apportioned vehicles licensed with the fleet during the reporting period.

(2) How are the miles listed on the Schedule B used? The miles are used to determine a jurisdiction's prorate percentage. This percentage determines how much of the jurisdiction's fees will be charged. This mileage is divided by the total mileage figure to determine percentage.

(3) How do I report my mileage if I incorporate? You must use mileage used from your reporting period under your previous business account.

(4) What type of reporting errors would cause my application Schedule B to be rejected? See the following examples:

(a) Mileage data expressed in rounded off numbers on renewal applications; or

(b) Identical mileage data reported for consecutive registration years for the same fleet.

(5) How do I determine my apportionable miles? Apportionable miles are accumulated by registered vehicles that:

(a) Include only miles for vehicles that traveled in the reporting period; and

(b) Mileage reported must be the actual miles accumulated by those vehicles that were part of the proportionally registered fleet during the preceding year.

(c) If a vehicle was part of the proportionally registered fleet for only a part of the preceding year, report the miles accumulated by this vehicle during this time.

History

Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-060, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 46.87.010. WSR 00-01-150, § 308-91-060, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.87.010(2). WSR 94-13-012, § 308-91-060, filed 6/2/94, effective 7/3/94. Statutory Authority: RCW 46.01.110 and 46.87.010(2). WSR 90-16-072, § 308-91-060, filed 7/30/90, effective 9/1/90. Statutory Authority: RCW 46.87.010(2), 46.01.110 and chapters 46.87 and 46.85 RCW. WSR 88-06-061 (Order PFT 8803), § 308-91-060, filed 3/2/88. Statutory Authority: RCW 46.01.110. WSR 84-02-019 (Order 739 DOL), § 308-91-060, filed 12/28/83.

Wash. Admin. Code § 308-91-090 Leased and rented vehicles.

How are leased or rented vehicles registered? The registration of leased or rental passenger vehicles will be conducted under the provisions of chapter 46.16A RCW.

History

Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-090, filed 1/19/16, effective 2/19/16. Statutory Authority: Chapters 46.87 and 82.38 RCW. WSR 00-16-045, § 308-91-090, filed 7/26/00, effective 8/26/00. Statutory Authority: RCW 46.87.010(2). WSR 94-13-012, § 308-91-090, filed 6/2/94, effective 7/3/94. Statutory Authority: RCW 46.01.110 and 46.87.010(2). WSR 91-06-093, § 308-91-090, filed 3/6/91, effective 4/6/91
WSR 90-16-072, § 308-91-090, filed 7/30/90, effective 9/1/90. Statutory Authority: RCW 46.87.010(2), 46.01.110 and chapters 46.87 and 46.85 RCW. WSR 88-06-061 (Order PFT 8803), § 308-91-090, filed 3/2/88. Statutory Authority: RCW 46.01.110. WSR 84-02-019 (Order 739 DOL), § 308-91-090, filed 12/28/83.

Wash. Admin. Code § 308-91-095 Trip leasing.

What are the requirements for trip leasing? The requirements for trip leasing are as follows:

(1) The lessor's vehicles must be prorated in this state or operated under authority of vehicle trip permits.

(2) The duration of the lease agreement is for a single trip and cannot exceed thirty days.

(3) A completed copy of the trip lease agreement must be carried in the lessor's vehicle throughout the duration of the lease.

(4) All mileage accumulated throughout the duration of the trip lease agreement will be recorded by the lessor and become a part of the lessor's mileage reporting period. The mileage records, trip reports, and trip lease agreement must be maintained by the lessor for a period of four years following the mileage reporting period.

(5) The lessor of a trip lease agreement is responsible for licensing and recordkeeping.

History

Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-095, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 46.87.010. WSR 00-01-150, § 308-91-095, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.01.110 and 46.87.010(2). WSR 91-06-093, § 308-91-095, filed 3/6/91, effective 4/6/91.

Wash. Admin. Code § 308-91-120 Federal heavy vehicle use tax.

(1) Who must show proof of payment of federal heavy vehicle use tax? The department requires owners of motor vehicles with a declared combined gross weight of 55,000 pounds or more to provide acceptable proof the federal heavy vehicle use tax imposed by the Internal Revenue Service has been suspended or paid at the time of registration.

(2) What does the department require for proof of payment of federal heavy vehicle use tax? Acceptable proof is either:

(a) The original or photocopy of an Internal Revenue Service (IRS) receipted Schedule 1 (IRS form 2290) schedule of highway motor vehicles;

(b) Photocopy of IRS form 2290 with Schedule 1 as filed with the IRS and a photocopy of the front and back sides of the canceled check used for the payment of taxes to the IRS; or

(3) When is proof of payment of federal heavy vehicle use tax not required? If a vehicle is purchased within sixty days, proof of federal heavy vehicle use tax is not required at the time of registration.

(4) What happens if I do not provide proof of payment of the federal heavy vehicle use tax? The department must refuse registration of such vehicles if sufficient proof is not presented at time of registration or renewal.

History

Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-120, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 46.87.010. WSR 00-01-150, § 308-91-120, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.87.010(2), 46.01.110 and chapters 46.87 and 46.85 RCW. WSR 88-06-061 (Order PFT 8803), § 308-91-120, filed 3/2/88.

Wash. Admin. Code § 308-91-130 Hunter's permit.

(1) What is a hunter's permit also known as an unladen weight permit? A permit issued by the department that allows owner-operators to move their empty (unladen) vehicle(s) from one lessee-carrier fleet to a new lessee-carrier fleet. This permit is issued without cost and is valid for ten days from the date of issuance.

(2) Will the department honor a hunter's permit issued by another jurisdiction? Yes, this permit issued by another IRP jurisdiction will be honored in this state.

History

Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-130, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 46.87.010. WSR 00-01-150, § 308-91-130, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.87.010(2), 46.01.110 and chapters 46.87 and 46.85 RCW. WSR 88-06-061 (Order PFT 8803), § 308-91-130, filed 3/2/88.

Wash. Admin. Code § 308-91-140 Vehicle transaction fee.

How much is the vehicle transaction fee? The vehicle transaction fee is four dollars and fifty cents.

History

Statutory Authority: RCW 46.87.010. WSR 00-01-150, § 308-91-140, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.87.080, 46.87.130, 46.87.140, 88.44.060 [82.44.060], 46.87.010(2) and 82.44.100. WSR 89-07-035 (Order PFT 89-03), § 308-91-140, filed 3/10/89. Statutory Authority: RCW 46.87.010(2), 46.01.110 and chapters 46.87 and 46.85 RCW. WSR 88-06-061 (Order PFT 8803), § 308-91-140, filed 3/2/88.

Wash. Admin. Code § 308-91-150 Dishonored checks.

(1) What happens with a dishonored check? The department will enforce such proportional registration licensing and taxing laws to recover unpaid fees when they become due and payable.

(2) Are there any additional fees charged for a dishonored check (DHC)? Yes, a handling fee is assessed by the department for each check dishonored by the financial institution.

History

Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-150, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 46.01.110, 82.36.435, 82.38.260, 82.42.040, 46.87.010(2). WSR 00-08-032, § 308-91-150, filed 3/28/00, effective 4/28/00. Statutory Authority: RCW 46.87.010(1) and 46.87.080(7). WSR 95-05-045, § 308-91-150, filed 2/10/95, effective 3/13/95. Statutory Authority: RCW 46.87.010(2). WSR 94-13-012, § 308-91-150, filed 6/2/94, effective 7/3/94. Statutory Authority: RCW 46.01.110 and 46.87.010(2). WSR 91-06-093, § 308-91-150, filed 3/6/91, effective 4/6/91. Statutory Authority: RCW 46.87.010(2), 46.01.110 and chapters 46.87 and 46.85 RCW. WSR 88-06-061 (Order PFT 8803), § 308-91-150, filed 3/2/88.

Wash. Admin. Code § 308-91-171 Mitigation of fees, penalties or interest.

(1) Under what circumstances may a fee, penalty or interest be mitigated? The department may mitigate fees, penalties or interest occurring from proportional registration transactions, assessments, or incomplete records.

(2) How will the department determine whether fees, penalties or interest should be mitigated? The department will review records, account history, or other information.

History

Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-171, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 46.87.010. WSR 00-01-150, § 308-91-171, filed 12/21/99, effective 1/21/00.

Wash. Admin. Code § 308-91-172 Appeals.

(1) What are the appeal procedures? Any person issued a notice of assessment for taxes, fees, penalties or interest who chooses to appeal the notice, may petition the department for a department review instead of proceeding directly to a formal hearing. A petition for a review must be in writing and must be received by the department within 30 days of the mailing date of the notice of assessment. The appeal must include the specific reasons why reassessment is wanted and the amount of tax, fees, penalties or interest believed to be due.

(2) What happens after the department receives the request for a department review? The department will establish the time and place for the review and notify the petitioner by mail or email at least 10 days prior to the scheduled date. If the petitioner is unable to attend the review on the date or time scheduled, they may request the department to reschedule the review.

(3) What happens if I fail to appear for my department review without prior notification? Failure may result in the loss of your department review appeal rights.

(5) What if I do not agree with the department's review determination? Within 30 days after the date of mailing of the determination, appeal in writing and request a formal hearing by an administrative law judge. The appeal must indicate the portions of the determination that the petitioner believes are in error and provide the reasons the decision should be amended.

(6) When does my reassessment become final? The department's decision for reassessment becomes final, due, and payable 30 days after service unless further appealed.

History

Statutory Authority: RCW 82.38.260, 82.41.120, 82.42.130, 82.38.072, 82.38.390, 82.42.118, and 82.38.170. WSR 25-01-114, s 308-91-172, filed 12/16/24, effective 1/16/25. Statutory Authority: RCW 46.01.110 and 46.87.010. WSR 16-03-071, § 308-91-172, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 46.87.010. WSR 00-01-150, § 308-91-172, filed 12/21/99, effective 1/21/00.

Chapter 308-93 Vessel registration and certificates of title.

Wash. Admin. Code § 308-93-010 Definitions.

The following definitions apply to the rules in this chapter:

(1) "Bare boat" means a vessel rented without a captain or crew.

(2) "Carpenter certificate" means a certificate issued by a manufacturer describing the vessel and certifying the first conveyance of the vessel after its manufacture.

(3) "Certificate of ownership" means the ownership document issued by the department or other jurisdiction, sometimes referred to as a title.

(4) "Charter vessel" means a vessel rented with a crew.

(5) "Commercial fishing vessel" means a vessel primarily used for commercial or charter fishing.

(6) "Conveyance" means transfer of title of a vessel from one person to another.

(7) "Declaration of value form" means the department of licensing form used to declare the value for purposes of assessing excise tax when a vessel is acquired by lease, trade, gift, is homemade, or the most recent purchase price is not known.

(8) "Director" means the director of the department of licensing.

(9) "Display permit" means the document issued by the department, its agents or subagents, for display on the vessel for which it was issued under the authority of WAC 308-93-055 or 308-93-056.

(10) "Docking hull" means vessels that are powered by one or more personal watercrafts and are designed for use with personal watercraft.

(11) "Documented vessel" means a vessel that is documented by the United States Coast Guard and is issued a valid marine certificate.

(12) "Exclusively" means solely and without exception.

(13) "Foreign vessel" means a vessel registered in accordance with the laws of another state or jurisdiction. Also referred to as "out-of-country."

(14) "Houseboat" means any vessel as defined in RCW 88.02.010(1). For registration and certificate of ownership purposes, a houseboat does not include any building on a float used in whole or in part for human habitation as a single-family dwelling which is not powered by self-propulsion by mechanical means or wind.

(15) "Identification documents" means the vessel registration receipt and display permit issued under the authority of WAC 308-93-055 or 308-93-056.

(16) "Issuing authority" means the number system has not been approved by the Coast Guard or it is a state or other jurisdiction that has a vessel identification numbering system approved by the Coast Guard. (Also see definition for out of country vessel.)

(17) "Legal owner/secured party" means a person, business, or institution having a security interest in a vessel perfected in accordance with RCW 88.02.070.

(18) "Lifeboat" means watercraft used exclusively for lifesaving purposes.

(19) "Manufacturer's certificate of origin" (MCO) or "Manufacturer's statement of origin" (MSO) means a certificate issued by a manufacturer describing the vessel and certifying the first conveyance of the vessel after manufacture.

(20) "Out-of-country vessel" means a vessel registered or numbered by the laws of another country or has a valid United States Customs Service Cruising License.

(21) "Overall length" means a straight-line measurement of the overall distance from the foremost point of the vessel to the aftermost part of the vessel, measured parallel to the centerline. Bowsprits, bumpkins or boomkins, rudders, outboard motor brackets, outdrive units, propellers, and similar fittings or attachments are not included in the measurement.

(22) "Paperless title" means electronic ownership record.

(23) "Person" includes every natural person, firm, copartnership, corporation, association or organization.

(24) "Personal watercraft" for the purpose of this rule has the same meaning as in RCW 79A.60.010, such as Jet Ski or Wet Bike.

(25) "Primarily" means the principal purpose for which a vessel is used when considered in conjunction with all of its uses.

(26) "Principal use" means when a vessel is used on waters of this state for one hundred eighty-three days or more.

(27) "Propulsion machinery/mechanical power" means any device providing motion to a vessel through such means as combustion, steam, or electric machinery.

(28) "Racing vessel" is a vessel used exclusively in racing events.

(29) "Release of interest" means the act of signing over any ownership in a vessel. A notarized or certified release of interest is also a document relinquishing interest in a vessel.

(30) "Renewal notice" and "special mailer" means the notice to renew a vessel registration mailed by the department to the owner.

(31) "Tender" means watercraft used exclusively to furnish transportation from a larger vessel to shore and return.

(32) "Time share charters" means leased vessels where none of the parties leasing the vessel under a "time share" option agreement is acquiring an equity in the vessel and there is no option to buy.

(33) "United States Customs Service Cruising License" means an annual certificate issued by U.S. Customs Service under 19 C.F.R. Sec. 4.94, which exempts pleasure boats from certain countries from formal entry and clearance procedures, from payment of tonnage tax and clearance fees at all but the first port of entry.

(34) "Use of waters" means to navigate, operate, employ, or moor any vessel upon the waters.

(35) "Valid marine document" means a document issued by the Coast Guard which declares it to be a United States documented vessel.

(36) "Vessel data form" means the form, approved by the department, completed by the applicant describing the vessel.

(37) "Vessel seller's report of sale." A vessel seller's report of sale is a document that protects the seller from certain criminal and civil liabilities arising from use of the vessel by another person after the vessel has been sold or a change in ownership has occurred.

(38) "Waters of this state" means any waters within the territorial limits of this state as defined in U.S. Code: Title 43, Section 1312.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 06-21-025, § 308-93-010, filed 10/9/06, effective 11/9/06
WSR 01-21-072, § 308-93-010, filed 10/18/01, effective 11/18/01
WSR 01-03-128, § 308-93-010, filed 1/23/01, effective 2/23/01
WSR 00-11-131, § 308-93-010, filed 5/23/00, effective 6/23/00
WSR 98-16-029, § 308-93-010, filed 7/29/98, effective 7/30/98. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. WSR 96-16-038, § 308-93-010, filed 8/1/96, effective 9/1/96. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 92-24-035, § 308-93-010, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.120 and 88.02.100. WSR 90-08-018, § 308-93-010, filed 3/28/90, effective 4/28/90
WSR 87-09-073 (Order TL/RG-32), § 308-93-010, filed 4/22/87. Statutory Authority: RCW 88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100. WSR 86-10-068 (Order TL/RG 25), § 308-93-010, filed 5/7/86. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 84-19-026 (Order TL-RG 8), § 308-93-010, filed 9/13/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-010, filed 11/18/83.

Wash. Admin. Code § 308-93-030 Vessels subject to excise tax, registration and titling exemptions.

(1) What vessels are subject to excise tax? All vessels sixteen feet and over with mechanical power or sails are subject to excise tax unless specifically exempt under chapter 82.49 RCW and vessels owned by Indian tribes and tribal members as provided in WAC 308-93-700 through 308-93-770.

(2) What vessels are subject to registration? Most vessels are subject to registration under chapter 88.02 RCW, including the following:

(a) Amphibious vessels (vehicles);

(b) Docking hulls;

(d) Inflatable vessels with motors;

(e) Sailboats (sixteen feet or longer);

(f) Personal watercraft (Jet Ski, Sea-Doo, AquaTrax, Wave Runner, etc.);

(g) Documented pleasure vessels.

(3) What do I do with the vessel registration identification document? The vessel registration must be:

(a) Carried on board the vessel whenever on the waters;

(b) Made available to any law enforcement officer on request.

(4) What vessels are exempt from registration? Vessels exempted from registration under RCW 88.02.030, include but are not limited to, the following:

(a) Vessels under sixteen feet in overall length are:

(i) Powered by ten horsepower or less; and

(ii) Used on waters where there is no federal jurisdiction.

(b) Sailboats under sixteen feet;

(i) Is used only for direct transportation from ship to shore; and

(ii) Is less than ten horsepower.

(d) Vessels powered by human power, such as canoes, kayaks, and rowboats.

(e) Documented charter vessels, including, bare boat and time share charters.

(f) Vessels used exclusively for racing.

(5) What vessels are subject to titling? All vessels subject to registration are issued a title, except the following:

(a) Vessel documented by the United States Coast Guard;

(b) Owner is unable to provide proof of ownership;

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 06-21-025, § 308-93-030, filed 10/9/06, effective 11/9/06
WSR 01-03-128, § 308-93-030, filed 1/23/01, effective 2/23/01
WSR 99-21-097, § 308-93-030, filed 10/20/99, effective 11/20/99
WSR 84-19-026 (Order TL-RG 8), § 308-93-030, filed 9/13/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-030, filed 11/18/83.

Wash. Admin. Code § 308-93-055 Vessels from out-of-state operating in this state—Nonresident vessel permit required.

(1) What must I provide to obtain a nonresident vessel permit? You must provide the following:

(a) Proof of nonresidency by showing the vessel owner's out-of-state driver's license or out-of-state photo identification; and

(b) A copy of the current foreign vessel registration or current United States Coast Guard certificate of documentation.

(2) How do I display the vessel visitor permit? The permit must be visible to law enforcement from either the dock or from the water. It must be kept aboard the vessel at all times when moored and during operation and protected from the weather.

The permit must be clearly displayed either:

(a) In the windshield;

(b) On side window;

(d) In the operation area of the vessel.

History

Statutory Authority: RCW 46.01.110, 88.02.610, and 88.02.620. WSR 18-18-034, § 308-93-055, filed 8/28/18, effective 9/28/18. Statutory Authority: RCW 88.02.610 and 88.02.620. WSR 13-21-035, § 308-93-055, filed 10/9/13, effective 11/9/13. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 06-21-025, § 308-93-055, filed 10/9/06, effective 11/9/06
WSR 01-03-128, § 308-93-055, filed 1/23/01, effective 2/23/01
WSR 98-16-029, § 308-93-055, filed 7/29/98, effective 7/30/98.

Wash. Admin. Code § 308-93-056 Out of country vessel operating in this state—Vessel visitor permit required.

(1) What must I provide to obtain a vessel visitor permit? You must provide the following:

(a) Proof of nonresidency, by showing the vessel owner's out-of-state driver's license or out-of-state photo identification;

(b) A copy of the current foreign vessel registration, or United States Customs Service Cruising License;

(d) A nonrefundable fee of twenty-five dollars plus a filing fee and subagent fee, if applicable.

(2) How many vessel visitor permits may be obtained? You may obtain one vessel visitor permit which is valid as long as the vessel continues to be registered in a country other than the United States or has a United States Customs Service Cruising License.

(3) What if the vessel is sold or transferred to a new owner? If the vessel is sold or transferred, the new owners may apply for a corrected vessel visitor permit listing the new owner's name and address. The new owner must provide the information in subsection (1) of this section and pay a nonrefundable fee of three dollars plus a filing fee and subagent fee, if applicable.

(4) How do I display the vessel visitor permit? The permit must be visible to law enforcement from either the dock or from the water. It must be kept aboard the vessel at all times when moored and during operation and protected from the weather. The permit must be clearly displayed either:

(a) In the windshield;

(b) On side window;

(d) In the operation area of the vessel.

(5) If the vessel owner is not available, how do I obtain a vessel visitor permit? The person applying for the vessel visitor permit must have a:

(a) Notarized or certified power of attorney from a registered owner of the vessel; and

(b) Copy of the valid registration issued by a country other than the United States or a United States Customs Service Cruising License.

History

Statutory Authority: RCW 88.02.610 and 88.02.620. WSR 13-21-035, § 308-93-056, filed 10/9/13, effective 11/9/13. Statutory Authority: RCW 88.02.070, 88.02.100. WSR 01-03-128, § 308-93-056, filed 1/23/01, effective 2/23/01
WSR 98-16-029, § 308-93-056, filed 7/29/98, effective 7/30/98.

Wash. Admin. Code § 308-93-060 Registration period.

(1) What is the length of a vessel registration period? The vessel registration period is July 1 of the current year through June 30 of the following year for purposes of RCW 88.02.050.

Any vessels registered for the first time in Washington will be assessed the registration fee for the registration period in which the vessel is registered. In addition, excise tax in the amount prescribed in chapter 82.49 RCW will be assessed through the current registration period.

(2) How will my excise tax be calculated if I purchase or transfer a vessel in a month other than July? When registering a vessel in Washington for the first time and assigning a registration period of fewer than twelve months or transferring ownership of a vessel for which the registration has expired, the annual excise tax shall be reduced by one-twelfth for each full month of the registration period you did not own or possess the vessel. The registration fee will not be reduced. Excise tax on renewals will be assessed twelve months of excise tax.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-08-021, § 308-93-060, filed 3/27/01, effective 4/27/01
WSR 98-16-030, § 308-93-060, filed 7/29/98, effective 8/29/98
WSR 92-24-035, § 308-93-060, filed 11/25/92, effective 12/26/92. Statutory Authority: 1985 c 258. WSR 85-23-066 (Order TL-RG-19), § 308-93-060, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 84-19-026 (Order TL-RG 8), § 308-93-060, filed 9/13/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-060, filed 11/18/83.

Wash. Admin. Code § 308-93-069 Application for certificate of ownership—Accompanied by.

(1) What documentation must accompany my application for certificate of ownership for my vessel? Vessel owners must submit with their application for certificate of ownership all proper fees and excise tax and the following documentation:

(a) New vessels:

(i) Application for certificate of ownership to a vessel never before licensed or titled shall be accompanied by a manufacturer's statement of origin, carpenter's certificate, or a copy of the factory invoice.

(ii) The manufacturer's statement of origin, carpenter's certificate, or factory invoice must reflect the model year, make, length and hull identification number of the vessel.

(iii) The department shall not accept any manufacturer's statement of origin, carpenter's certificate, or factory invoice for the issuance of a certificate of ownership unless all persons named on the manufacturer's statement of origin, including dealers, have released or assigned their interest thereon, or on a release of interest form approved by the department.

(iv) Dealer-to-dealer transfers may be accomplished either by appropriate endorsement of the manufacturer's statement of origin, carpenter's certificate, or factory invoice, or release of interest form approved by the department. A complete chain of ownership shall be reflected from the original dealer named on the manufacturer's statement of origin to the retail selling dealer making the application.

(v) A copy of the factory invoice may be used in lieu of the manufacturer's statement of origin or carpenter's certificate only when such documents are not available and obtaining a replacement from the manufacturer would cause an undue amount of delay in titling the vessel. A certificate of fact describing why the statement of origin or carpenter's certificate is not available shall be accompanied by the photocopy of the factory invoice and any necessary releases of interest on a form approved by the department.

(b) Vessels with existing certificate of ownership from a foreign titling jurisdiction:

(i) Excise exemption affidavit;

(ii) A copy of the bill of sale or sales agreement;

(iii) Declaration of value form;

(iv) Previous ownership document properly released;

(v) Proof of sales tax paid;

(vi) Release of interest;

(vii) Other verification of ownership approved by the department to include:

(A) A judgment from a district or superior court of any county of this state awarding ownership; or

(B) Document from an involuntary divestiture sale or auction; and/or

(i) Excise exemption affidavit;

(ii) A copy of the bill of sale or sales agreement;

(iii) Declaration of value form;

(iv) Previous ownership document properly released;

(v) The registration, if it is from a nontitle state;

(vi) Proof of sales tax paid;

(vii) Manufacturer's statement of origin, factory invoice, or carpenter's certificate;

(viii) An affidavit in lieu of title;

(ix) Release of interest;

(x) Other verification of ownership approved by the department to include:

(A) A judgment from a district or superior court of any county of this state awarding ownership; or

(B) Document from an involuntary divestiture sale or auction; and/or

(D) An affidavit certifying when and where the vessel was acquired or brought into the state.

(2) Will the department accept an application if any information is found to be inaccurate? Upon application for a vessel certificate of ownership an authorized agent or employee must verify the application and supporting documents to ensure accuracy. If all requirements are not met, an authorized agent or employee shall refuse to accept the application.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-08-021, § 308-93-069, filed 3/27/01, effective 4/27/01
WSR 98-16-030, § 308-93-069, filed 7/29/98, effective 8/29/98.

Wash. Admin. Code § 308-93-070 Application for certificate of ownership/registration.

(1) When am I required to register my vessel in Washington? Current out-of-state or out-of-country registration will be recognized for a period of sixty days. On or before the sixty-first day, if Washington is to be the principal state of use, you must apply for a Washington state certificate of ownership and/or registration.

(2) What information must be supplied on an application to obtain a Washington vessel certificate of ownership and/or registration? Vessel owners applying for certificate of ownership and/or registration of a vessel must submit an application, which includes:

(a) The name of each registered owner of the vessel and if the vessel is subject to security interest, the name of each legal owner;

(b) The mailing address for one of the registered owners;

(d) The Washington registration number;

(e) Make and model year;

(f) Length of vessel;

(g) Type of power (gasoline, diesel, etc.);

(h) Primary use (commercial, pleasure, etc.);

(i) Primary method of propulsion (inboard, sail, etc.);

(j) Type of vessel (runabout, cabin, etc.);

(k) Primary vessel construction (fiberglass, wood, etc.);

(l) County of moorage;

(m) Hull identification number;

(n) Latest purchase price and purchase year or, if the vessel was not acquired by purchase, a declaration of value and year of declaration;

(o) The signature of all registered owners.

For the purposes of this section, purchase price or declared value includes the vessel, vessel motor, or engine, and all other equipment and accessories, excluding a boat trailer, purchased or acquired in a single transaction;

(p) United States Coast Guard documentation number, if applicable.

(3) If my vessel is homemade, what information must be supplied on an application for Washington certificate of ownership? In addition to the information listed above in subsection (2) of this section, upon original application for certificate of ownership and/or registration of a homemade vessel, the owner must provide:

(a) Certificates of ownership to any vessels used in the construction of the homemade vessel; or

(b) Bills of sale from the previous registered owners (these must be notarized or certified);

(d) Declaration of Value (TD-420-737). This form is used to establish the value of the vessel;

(e) Vessel Data Form.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 07-08-026, § 308-93-070, filed 3/27/07, effective 4/27/07
WSR 06-21-025, § 308-93-070, filed 10/9/06, effective 11/9/06
WSR 01-08-021, § 308-93-070, filed 3/27/01, effective 4/27/01
WSR 98-16-030, § 308-93-070, filed 7/29/98, effective 8/29/98. Statutory Authority: RCW 46.01.110, 88.02.100, 46.10.040, 46.12.030, 46.16.040, 88.02.050 and 88.02.070. WSR 96-04-004, § 308-93-070, filed 1/25/96, effective 2/25/96
WSR 95-13-058, § 308-93-070, filed 6/19/95, effective 7/20/95. Statutory Authority: RCW 88.02.070 and [88.02].100. WSR 93-14-082, § 308-93-070, filed 6/30/93, effective 7/31/93
WSR 92-24-035, § 308-93-070, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.100 and 1991 c 339 § § 30 and 31. WSR 92-03-075, § 308-93-070, filed 1/14/92, effective 2/14/92. Statutory Authority: 1985 c 258. WSR 85-23-066 (Order TL-RG-19), § 308-93-070, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 84-13-086 (Order TL-RG-2), § 308-93-070, filed 6/21/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-070, filed 11/18/83.

Wash. Admin. Code § 308-93-071 Class "A" and Class "B" certificate of ownership.

Is there more than one class of certificate of ownership for my vessel? From June 30, 1985, through June 30, 1990, there were two classes of vessel certificate of ownership: Class "A" and Class "B."

Effective July 1, 1990, the "A" and "B" classifications of vessel certificate of ownership were discontinued. All vessel certificate of ownership, regardless of any classification previously assigned are considered to be exclusive evidence of ownership unless a person can provide sufficient evidence the certificate of ownership was issued in error or is invalid for some other reason.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-08-021, § 308-93-071, filed 3/27/01, effective 4/27/01
WSR 98-16-030, § 308-93-071, filed 7/29/98, effective 8/29/98
WSR 92-24-035, § 308-93-071, filed 11/25/92, effective 12/26/92. Statutory Authority: 1985 c 258. WSR 85-23-066 (Order TL-RG-19), § 308-93-071, filed 11/19/85.

Wash. Admin. Code § 308-93-076 Vessel brands and comments.

(1) What is a brand? For the purposes of this section, a brand is a notation on the certificate of ownership or vessel registration certificate that records a special circumstance or condition involving a vessel.

(2) What brands are assigned to vessels by the department? Brands used by the department include, but are not limited to:

(a) Contaminated described in chapter 64.44 RCW.

(b) Decontaminated described in chapter 64.44 RCW.

(3) Why is a brand used? A brand is used for consumer protection. The brand is used to inform any subsequent owners of the current or former condition or use of the vessel.

(4) Will the department remove a brand? Brands stay on vessel records indefinitely. The department will only remove a brand if the brand was applied to a Washington certificate of title in error.

(5) What is a comment? For the purposes of this section, a comment is a notation on the certificate of title, or vessel registration certificate that relates to tax liability, type of ownership, title transaction type.

(6) What comments could the department print on certificates of title?

(a) Comments relating to the ownership that include: Bonded, leased, JTWROS.

(b) Comments relating to tax liability that include: Use tax waived - Gift, value code, value year.

(d) Miscellaneous comments.

(7) What comments could the department print on vessel registration certificates? Comments printed on vessel registration certificates may include, but are not limited to:

(a) "Registration only";

(b) "Additional owners on record";

(d) Title transaction type duplicate, reprint, NTI, dual registration, corrected title data, corrected registration.

(8) Why are comments used? Comments are used for consumer protection to inform any subsequent owners and vessel licensing personnel of the current tax liability, type of ownership, or title transaction type or other pertinent information.

(9) Will the department remove a comment? The department will remove a comment if:

(a) The comment was applied in error; or

(b) The comment no longer applies.

History

Statutory Authority: RCW 46.01.110 and 88.02.070. WSR 08-20-034, § 308-93-076, filed 9/23/08, effective 10/24/08.

Wash. Admin. Code § 308-93-078 Temporary use of an unregistered vessel.

May a vessel be operated on the waters of this state if it is not registered? An unregistered vessel may be operated on the waters of this state for fifteen consecutive days from the date of purchase using the notarized bill of sale in lieu of a registration certificate. The notarized bill of sale shall be carried on the vessel and contain:

(1) The name and address of the purchaser;

(2) The model year, make, and hull identification number of the vessel;

(3) The date of sale; and

(4) The name, address and signature of the seller.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-08-021, § 308-93-078, filed 3/27/01, effective 4/27/01
WSR 98-16-030, § 308-93-078, filed 7/29/98, effective 8/29/98. Statutory Authority: RCW 88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100. WSR 86-10-068 (Order TL/RG 25), § 308-93-078, filed 5/7/86.

Wash. Admin. Code § 308-93-079 Government exempt vessels.

(1) If a government agency chooses to display registration numbers and current vessel decals in addition to being clearly identifiable as a government vessel, what fees are required? Government agencies are required to pay filing and registration fees but are not subject to excise tax.

(2) If the department issues a Washington registration number and current decals, is the government agency required to display them? Yes, if a registration number and decals are issued, they must be displayed as prescribed in WAC 308-93-140.

History

Statutory Authority: RCW 88.02.070, 88.02.100. WSR 01-03-128, § 308-93-079, filed 1/23/01, effective 2/23/01
WSR 00-01-027, § 308-93-079, filed 12/6/99, effective 1/6/00. Statutory Authority: RCW 88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100. WSR 86-10-068 (Order TL/RG 25), § 308-93-079, filed 5/7/86.

Wash. Admin. Code § 308-93-087 Disclosure of vessel owner information.

(1) Laws protecting vessel owner information from disclosure.

Vessel record information may be protected from disclosure under chapters 42.56 and 46.12 RCW, and 18 U.S.C. Sec. 2721. Indian tribal vessel data is protected from disclosure under WAC 308-93-770.

(2) Disclosing names and addresses of vessel owners.

(a) Government agencies; or

(b) Business entities who provide proof of business verification; or

(c) Vessel manufacturers and vessel component manufacturers that require vessel ownership information for recall of their own product(s); or

(d) Individuals who provide proof of identity and:

(i) The owner of record is requesting the information for a vessel(s) currently registered in their name; or

(ii) They can provide either a letter of testamentary, letter of administration, court order, or a signed and notarized department of licensing form and a death certificate of the deceased; or

(iii) They have documentation showing how they obtained the vessel; or

(iv) They are following the chattel lien process as required by RCW 60.08.085.

(3) In order for the department to disclose names and addresses of individual vessel owners, the requestor must provide:

(a) Acceptable verification or proof of identity as stated in subsection (4) or (5) of this section; and

(i) A contract with the department; or

(ii) A disclosure form or agreement with the department as required by RCW 46.12.635.

(b) Any other supporting documentation as requested by the department.

(4) Acceptable business verification.

(a) If the requestor is a business, one of the following:

(i) A copy of its current/valid business or professional license; or

(b) If the requestor is an attorney, a copy of:

(i) Their eligibility to practice law, including proof that their license is in a current/active status; and

(ii) An engagement letter, notice showing the attorney is representing someone, or evidence of an active case in court.

(i) Their current/valid private investigator's license; and

(ii) An engagement letter, notice showing the private investigator is representing someone, or evidence of an active case in court.

(5) Proof of identity.

Acceptable forms of identification include, but are not limited to:

(b) A current/valid United States armed forces identification card; or

(d) A current/valid identification card issued by any foreign, federal, or state government; or

(e) A current/valid official U.S. passport or an unexpired foreign passport; or

(f) A current/valid enrollment card issued by the governing authority of a state or federally recognized Indian tribe.

History

Statutory Authority: RCW 46.01.110 and chapter 42.56 RCW. WSR 23-09-006, § 308-93-087, filed 4/6/23, effective 5/7/23. Statutory Authority: RCW 46.16.276 and 46.01.110. WSR 10-11-030, § 308-93-087, filed 5/11/10, effective 6/11/10. Statutory Authority: RCW 88.02.070, 88.02.100. WSR 01-16-105, § 308-93-087, filed 7/30/01, effective 8/30/01
WSR 99-01-134, § 308-93-087, filed 12/21/98, effective 1/21/99
WSR 92-24-035, § 308-93-087, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.070. WSR 88-24-003 (Order TL/RG 47), § 308-93-087, filed 11/29/88.

Wash. Admin. Code § 308-93-088 Disclosure violations, penalties.

(1) What are violations of chapters 42.56 and 46.12 RCW, this chapter, or a disclosure agreement with the department?

(a) The unauthorized disclosure of information from a department vessel record;

(b) The use of a false representation to obtain information from the department's vessel records;

(c) The use of information obtained from the department vessel records for a purpose other than what is stated in the request for information or in the disclosure agreement executed with the department; or

(d) The sale or other distribution of any vessel owner name or address to another person not disclosed in the request or disclosure agreement.

(2) What are the penalties associated with these violations?

The department may suspend or revoke for up to five years the privilege of obtaining vessel record information.

History

Statutory Authority: RCW 46.16.276 and 46.01.110. WSR 10-11-030, § 308-93-088, filed 5/11/10, effective 6/11/10. Statutory Authority: RCW 88.02.070, 88.02.100. WSR 01-16-105, § 308-93-088, filed 7/30/01, effective 8/30/01
WSR 99-01-134, § 308-93-088, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 88.02.070, 88.02.100 and 46.12.380. WSR 96-03-046, § 308-93-088, filed 1/11/96, effective 2/11/96. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 92-24-035, § 308-93-088, filed 11/25/92, effective 12/26/92.

Wash. Admin. Code § 308-93-089 Lists of registered and legal owners of vessels—Furnished for certain purposes—Penalty for unauthorized use.

(1) What vessel record information is protected?

Vessel information protected from disclosure is the same as under chapters 42.56 and 46.12 RCW and Executive Order 00-03 for vehicles.

(2) Who may receive a list of individual vessel owner names and addresses?

In addition to any other authority that it may have, the department of licensing may furnish lists of registered and legal owners of vessels only for the purposes specified in this section to:

(a) The manufacturers of vessels, or their authorized agents, to be used to enable those manufacturers to carry out the provisions of the Federal Boat Safety Act of 1971 (85 Stat. 213; 46 U.S.C. 1451 et seq.) and the Code of Federal Regulations adopted by the United States Coast Guard;

(b) Any governmental agency of the United States or Canada, or political subdivisions, to be used by them or their authorized commercial agents or contractors only in connection with the enforcement of the laws governing the operation of a vessel or vessel safety programs administered by that government agency. Only such parts of the list as are required for completion of the work required of the agent or contractor shall be provided to such agent or contractor;

(c) A person, organization or entity for the purposes of compiling statistical data relating to vessel demographics in this state. The department may provide only a specific part of the list that is required for completion of the work required of the person, organization or entity;

(d) An authorized agent or contractor of the department to be used only in connection with providing vessel excise tax, licensing and registration information to vessel dealers; or

(e) Any business regularly making loans to other persons to finance the purchase of vessels, to be used to assist the person requesting the list to determine ownership of a specific vessel for the purpose of determining whether or not to provide such financing.

(3) What documentation is needed to receive lists of vessel owner names and addresses?

Each entity must submit the following to the department:

(a) A record disclosure request form provided by the department and completed by the applicant; and

(b) Verification of the applicant's identity as a business; and

(4) What is acceptable verification?

For purposes of this section acceptable business verification includes:

(a) If a licensed Washington business, a copy of its current unexpired master business license;

(b) If a business not required to be licensed in this state, its federal identification number/federal tax number (or Uniform Business Identifier) on its official letterhead with a signature of the owner or an authorized representative;

(d) If a private investigator, a copy of the current private investigator's license; or

(e) If an out-of-state business not licensed in Washington:

(i) If the business is required to be licensed, a copy of its current business license issued by the governmental authority with jurisdiction over the license; or

(ii) If the business is not required to be licensed, its federal employer identification number/federal tax number on its official letterhead with a signature of the owner or an authorized representative.

(5) If a business or governmental agency has entered into an agreement with the department, is a separate request for each inquiry required?

No. If a business or governmental agency has entered into an agreement with the department, a separate request for each inquiry is not required if the information will be used as originally stated.

(6) Who may release a list of vessel owner name and address information?

The department of licensing, driver and vehicle services division's public disclosure/records section, is authorized to release lists of names and addresses to qualified applicants.

(7) When may the department disclose lists of names and addresses of vessel owners?

Notwithstanding the provisions of chapter 42.56 RCW, the department may disclose the names and addresses of vessel owners when:

(a) The requesting party is a business that requests the information for use in their normal course of business;

(b) The request is in writing, signed by the person requesting disclosure, containing the full legal name and address of the requesting party and/or their business, and specifies the purpose for which the information will be used; and

(i) Agrees they will use the information only for the purpose stated in the request for the information; and

(ii) Will not use, or facilitate the use of, the information for the purpose of making any unsolicited business contact with a person named in the disclosed information.

(8) What does the term "unsolicited business contact" mean?

The term "unsolicited business contact" means a contact that is intended to result in or promote the sale of any goods or services to a person named in the disclosure information or to use the information for the purposes of facilitating a profit expecting business activity. The term does not apply to situations where the requesting party and such person have been involved in a business transaction prior to the date of the disclosure request and where the request is made in connection with the transaction.

(9) Is the department required to notify the vessel owner when ownership information is disclosed?

No, except when the information is granted to an attorney or private investigator. The department will then provide the owner of the vessel with notification; the notice will also contain the name and address of the requesting party.

(10) Additionally, if contract holders release owner information to a private investigator or attorney, they must notify the vessel owner that a request has been granted, and include the name and address of the requesting party, and send a copy to the department's public disclosure unit.

(11) Who is responsible for assuring that the information is used appropriately?

Any person, business, agency or association that receives vessel owner information under this section shall be responsible, under penalty of perjury under the laws of the state of Washington, for assuring that the information received is not used for a purpose contrary to the agreement between the person, business, agency or association and the department or state and federal laws and regulations.

History

Statutory Authority: RCW 46.16.276 and 46.01.110. WSR 10-11-030, § 308-93-089, filed 5/11/10, effective 6/11/10. Statutory Authority: RCW 46.01.110. WSR 06-15-059, § 308-93-089, filed 7/12/06, effective 8/12/06. Statutory Authority: RCW 88.02.070, 88.02.100. WSR 01-16-105, § 308-93-089, filed 7/30/01, effective 8/30/01.

Wash. Admin. Code § 308-93-090 Leased or rented vessels.

(1) What is the difference between leased and rented vessels? For the purposes of this section a vessel is considered leased if the lease agreement is for a period of one year or more or there is an option to purchase. A vessel is considered rented if the rental agreement is for a period of less than one year and there is no option to purchase in the rental agreement.

(2) When must leased or rented vessels, used on Washington waters, be titled and registered or required to obtain an identification document? If the vessel is:

(a) Registered out-of-state or out-of-country and leased or rented, and used upon Washington waters, the owner of the vessel must purchase a permanent identification document from the department, issued to the vessel, on or before the sixty-first day of use as provided in RCW 88.02.030(3). If the vessel owner is not available, the person(s) applying for the identification document shall have notarized/certified power of attorney from a registered owner of the vessel authorizing him/her to purchase the permanent identification document and a copy of the valid registration issued by a country other than the United States or a United States Customs Service Cruising License.

(b) Registered in another state or country and leased or rented by a nonresident individual, and used upon Washington waters, the owner must purchase a Vessel Sixty Day Temporary Identification Document on or before the sixty-first day of use as provided in RCW 88.02.030(11). No more than two identification documents may be purchased in any twelve continuous months. If the vessel owner is not available, the person(s) applying for the identification document must have notarized/certified power of attorney from a registered owner of the vessel authorizing him/her to purchase the identification document. If the vessel is used upon Washington waters for more than one hundred and eighty days, it must be titled and registered in this state or removed from the waters of this state.

(c) Registered in another country or another state and leased or rented by a Washington resident, and used upon Washington waters, the following apply:

(i) If the lease is for one year or more or there is an option to buy on either the rental or lease agreement, the Washington resident must register the vessel in his or her name on or before the sixty-first day of use upon Washington waters.

(ii) If the vessel is rented for less than one year, it must be registered in the name of the owner, (not the operator) on or before the sixty-first day of use upon Washington waters. Any secured party is shown as the legal owner on the certificate of ownership.

(3) Whose name must be shown on the application for certificate of ownership and registration when the vessel is rented? The name of the owner, not the operator. Any secured party is shown as legal owner on the certificate of ownership.

(4) What documents must a Washington resident carry with them when they lease or rent a Washington registered vessel and operate the vessel on Washington waters?

(a) A copy of the lease or rental agreement signed by the owner or his authorized representative and by the person leasing or renting the vessel which must contain the vessel registration number, the period of time for which the vessel is leased or rented and the hull identification number; and

(b) A copy of the current registration certificate.

(5) Does a vessel owner need to surrender an out-of-state certificate of ownership to the department when they register a leased vessel in Washington? Depending on the following situations:

(a) If there is a secured party on the out-of-state certificate of ownership and lessee and lessor designations are shown as required by Washington state law or rule, the certificate of ownership need not be surrendered. Only a certificate of registration will be issued; a Washington certificate of ownership will not.

(b) If the out-of-state certificate of ownership does not show a secured party or is not in name agreement or does not show lessee and lessor designations as required by Washington law or rule, the out-of-state certificate of ownership shall be surrendered and a Washington certificate of ownership will be issued to the lessor/legal owner.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 06-21-025, § 308-93-090, filed 10/9/06, effective 11/9/06
WSR 01-03-128, § 308-93-090, filed 1/23/01, effective 2/23/01
WSR 00-01-027, § 308-93-090, filed 12/6/99, effective 1/6/00
WSR 84-19-026 (Order TL-RG 8), § 308-93-090, filed 9/13/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-090, filed 11/18/83.

Wash. Admin. Code § 308-93-140 Decals—Placement, size, and color.

(1) Where do I place the decals I receive when I register my vessel in Washington? Decals must be placed on the vessel for which they were assigned. Decals must be affixed on (see illustration):

(a) Each side of the forward half of the vessel above the water line so it is easily visible for law enforcement; and

(b) Within six inches aft of, and directly on line with, the vessel registration number as provided by WAC 308-93-145(3).

| | | --- |

(c) For documented vessels, one decal must be affixed to each side of the forward half of the vessel for which it was assigned so it is easily visible for law enforcement.

(2) What do the vessel decals look like that are issued by the department? In accordance with 33 Code of Federal Regulations (C.F.R.), vessel decals are approximately three inches square. The years in which validation decals expire must be indicated by the colors blue, international orange, green, and red, in rotation beginning with blue for decals that expired in 1985.

(3) Which vessel decal shall be displayed? To legally own or operate your vessel on Washington waters, you must only display the decal that shows your vessel is registered for the current registration year.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 00-23-094, § 308-93-140, filed 11/21/00, effective 12/22/00
WSR 99-21-097, § 308-93-140, filed 10/20/99, effective 11/20/99. Statutory Authority: RCW 88.02.100 and 88.02.120. WSR 90-08-018, § 308-93-140, filed 3/28/90, effective 4/28/90. Statutory Authority: RCW 88.02.100. WSR 84-21-131 (Order TL/RG-10), § 308-93-140, filed 10/24/84. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 84-13-086 (Order TL-RG-2), § 308-93-140, filed 6/21/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-140, filed 11/18/83.

Wash. Admin. Code § 308-93-145 Vessel registration numbers—Display, size, color.

(1) What vessels are required to display a vessel registration number? All vessels registered under chapter 88.02 RCW are required to display the vessel registration numbers. Vessels documented by the United States Coast Guard are prohibited from displaying the registration number.

(2) What are vessel registration numbers? Vessel registration numbers are configured in accordance with 33 C.F.R. 174.23 and:

(a) Uniquely identify a vessel (the same way license plate numbers identify a vehicle);

(b) Are assigned by the department when you apply for initial registration for your vessel or when a vessel owner is retaining the registration number issued by the United States Coast Guard prior to July 1984;

(3) How do I display the assigned vessel registration number on my vessel? The registration number assigned must:

(a) Be painted on or permanently attached to each side of the forward half of the vessel and easily visible for law enforcement except as allowed by subsection (6) of this section or required by subsection (9) of this section and must be on a vertical surface;

(b) Be in plain vertical block characters of not less than three inches in height;

(d) Have spaces or hyphens that are equal to the width of a letter other than "I" or a number other than "1" between the letter and number groupings (example: WN 5678 EF or WN-5678-EF); and

(e) Read from left to right.

(4) Are vessel registration numbers transferable from vessel to vessel? Vessel registration numbers are not transferable between vessels. Once assigned, a vessel registration number cannot be reassigned to another vessel.

(5) Does a Washington licensed dealer need to display registration numbers and decals when demonstrating or testing a vessel held for sale? Washington licensed vessel dealers must display dealer registration numbers and decals assigned and issued by the department. Dealer registration numbers and decals must be displayed in the following manner:

(a) The department assigned dealer vessel registration number must be permanently attached to a backing plate;

(b) The department issued decal must be affixed within six inches aft of and directly on line with the dealer registration number as provided by WAC 308-90-070(1); and

(c) The backing plate must be attached to the forward half of the vessel so that the number is visible from each side of the vessel when observed from outside the vessel.

(6) How do I display my vessel registration number if my vessel’s hull or superstructure is configured so that the vessel registration number would not be easily visible? In this case, the vessel registration number must be painted on or permanently attached to backing plates that are attached to the forward half of the vessel so that the number is visible from the outside of the vessel.

(7) Are any numbers other than those issued by an issuing authority allowed on the front half of my vessel? No person may use a vessel on the waters of this state that has any number that is not issued by an issuing authority (as defined in WAC 308-93-010) for that vessel on its forward half.

(8) Are there any letters that may not be used in the configuration of a vessel registration number? Yes, the letters I, O, and Q. Registration numbers that currently contain I, O, and Q will be reassigned by the department upon registration renewal due on or after July 1, 2004.

(9) Is a tender as described in chapter 88.02 RCW required to display a vessel registration number? Vessels used as a tender, while exempt from registration under RCW 88.02.030, must display the numbers of the parent vessel with an additional number following the letter of the vessel registration number. (Example a) WN 5678 EF 1 or WN-5678-EF-1. The second tender vessel registration number will be the next consecutive number. (Example b) WN 5678 EF 2 or WN-5678-EF-2.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-11-100, § 308-93-145, filed 5/21/01, effective 6/21/01
WSR 00-23-094, § 308-93-145, filed 11/21/00, effective 12/22/00. Statutory Authority: RCW 88.02.100. WSR 00-09-065, § 308-93-145, filed 4/18/00, effective 5/19/00. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 99-21-097, § 308-93-145, filed 10/20/99, effective 11/20/99
WSR 84-13-086 (Order TL-RG-2), § 308-93-145, filed 6/21/84.

Wash. Admin. Code § 308-93-146 Vessel carbon monoxide warning sticker.

(1) What is a carbon monoxide warning sticker? A carbon monoxide warning sticker is displayed on a vessel to warn people of the dangers of carbon monoxide poisoning.

(2) What vessels are required to have a carbon monoxide warning sticker? Any vessel with an engine that produces carbon monoxide by burning a carbon based fuel such as: Gas, propane, oil, diesel, or charcoal. A personal watercraft (Jet Ski type) is exempt from this rule.

(3) How do I get a carbon monoxide warning sticker? You will receive the carbon monoxide warning sticker from your vessel dealer, or vehicle/vessel licensing offices when you:

(a) Purchase a vessel from a dealer; or

(b) Renew your vessel registration; or

(d) Transfer a vessel from outside the state or country with a certificate of ownership or registration to a Washington certificate of ownership or registration; or

(e) Request one through your local vehicle/vessel licensing office; or

(f) Receive one that has been approved by the Coast Guard from a boating safety organization.

(4) Where do I attach the carbon monoxide warning sticker to my boat or vessel? You must attach it on the interior of the vessel so it is clearly visible to a person and where they may be exposed to carbon monoxide.

(5) Is there a charge for the carbon monoxide warning sticker? No.

(6) Will I ever have to replace my vessel carbon monoxide warning sticker? Yes, when the sticker becomes faded, damaged, or is no longer readable you can request a replacement at no cost.

(7) Will a carbon monoxide warning sticker installed by the manufacturer or issued by another state meet the requirements of this rule? Yes, the department will accept any warning sticker that warns of the dangers of carbon monoxide poisoning, provided the warning sticker is attached on the interior of the vessel.

History

Statutory Authority: Chapter 88.02 RCW. WSR 06-22-026, § 308-93-146, filed 10/25/06, effective 11/25/06.

Wash. Admin. Code § 308-93-160 Excise tax exemptions—Indians.

(1) What definitions does the department apply to this section? For purposes of this rule, the following words and terms have the following meanings:

(a) "Indian country" means all lands, notwithstanding the issuance of any patent, within the exterior boundaries set aside by the United States for the use and occupancy of Indian tribes by treaty, law or executive order and which are areas currently recognized as "Indian country" by the United States Department of the Interior as referenced in 18 U.S.C. 1151 and C.F.R. 25.

(b) "Indian tribe" means an Indian nation, tribe, band, or community recognized as an "Indian tribe" by the United States Department of the Interior.

(2) What Indian tribes in Washington are recognized by the United States Department of the Interior? The only Washington "Indian tribes" are those currently recognized as such by the United States Department of the Interior. As of the effective date of this rule there are twenty-eight federally recognized Indian tribes in the state of Washington. You may contact the governor's office of Indian affairs for an up-to-date list of federally recognized Indian tribes in the state of Washington at its website, www.goia.wa.gov or at:

Governor's Office of Indian Affairs

531 15th Ave. S.E.

P.O. Box 40909

Olympia, WA 98504-0909

(360) 753-2411

(3) How does an Indian qualify for a vessel excise tax exemption? To qualify for a vessel excise tax exemption, an Indian must:

(a) Be enrolled as a tribal member of a recognized Washington tribe;

(b) Have their principal residence within the boundaries of the Indian reservation of the tribe of which they are a member; and

(d) Be the owner of a vessel used in the exercise of treaty fishing rights as defined in the Consent Decree, dated November 28, 1994, entered in United States v. Washington, Civ. No. 9213 - Phase I - Sub. 88-1 and signed by the United States, the signatory tribes and the state of Washington.

(4) Are vessels owned by or leased to a governing body of an Indian tribe subject to vessel excise tax? No. Vessels owned by or leased to a governing body of an Indian tribe are not subject to vessel excise tax. Tribal treaty fishing vessels are exempt from excise tax and registration as described in WAC 308-93-700 through 308-93-770.

(5) What documentation does the department require from a tribal member to qualify for a vessel excise tax exemption?

(a) The department requires a properly completed affidavit of exemption on a form supplied or approved by the department. An affidavit for each vessel must be submitted at the time the exemption is established and at the time of renewal if there is a change of address. The department may require such other proof of qualification for exemption as it deems necessary.

(b) If the vessel is used in the exercise of treaty fishing rights, as defined in the Consent Decree dated November 28, 1994, entered in United States v. Washington, Civ. No. 9213 – Phase I – Sub. 88-1 and signed by the United States, the signatory tribes and the state of Washington, the registered owner must provide proof that the vessel is registered under the provisions of WAC 308-93-700 through 308-93-770.

(6) What information must be contained within the affidavit of exemption described in subsection (5)(a) of this section? At the minimum, the affidavit of exemption must include the following:

(a) Description of the vessel including the year and make and either the Washington registration number or the hull identification number;

(b) The registered owner's name, tribe, reservation and enrollment or Bureau of Indian Affairs number;

(d) Signature of the registered owner;

(e) A certification of an authorized tribal authority representing the Indian reservation of the tribe of which the registered owner is a member. The position or title of the tribal authority, their telephone number and their signature must appear on the certification. The certification must include a statement that the registered owner is an enrolled tribal member and that the address provided by the registered owner is within the boundaries of their reservation.

History

Statutory Authority: RCW 88.02.070, 88.02.100. WSR 01-03-128, § 308-93-160, filed 1/23/01, effective 2/23/01
WSR 00-01-027, § 308-93-160, filed 12/6/99, effective 1/6/00
WSR 84-13-086 (Order TL-RG-2), § 308-93-160, filed 6/21/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-160, filed 11/18/83.

Wash. Admin. Code § 308-93-200 Involuntary transfer of a vessel.

(1) Who may repossess a vessel? A Washington titled vessel may only be repossessed by the legal owner of record or secured party.

(2) What documentation does the department require when a vessel is repossessed? In addition to other documents required:

(a) The most recent certificate of ownership; or

(b) An affidavit in lieu of certificate of ownership; and

(3) Is the secured party/legal owner required to apply for a new certificate of ownership when a vessel has been repossessed? If the secured party/legal owner intends to hold the vessel for resale, they do not need to apply for a new certificate of ownership. Upon transfer to another person, the buyer must promptly mail or deliver to the department those documents referenced in subsection (2) of this section.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 00-23-029, § 308-93-200, filed 11/7/00, effective 12/8/00
WSR 98-21-001, § 308-93-200, filed 10/8/98, effective 11/8/98. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-200, filed 11/18/83.

Wash. Admin. Code § 308-93-220 Department may refuse or cancel certificates.

(1) Can the department refuse to issue a certificate of ownership or registration? Yes, if the department determines at any time that an applicant for certificate of ownership or registration for a vessel is not entitled to these certificates, the department may refuse to issue such certificates.

(2) Can the department cancel a certificate of ownership or registration? Yes, the department may cancel the certificate of ownership or registration already acquired.

(3) How will the department notify an applicant if a certificate of ownership or registration has been refused or canceled? Notice of cancellation may be accomplished by sending a notice by first class mail using the last known address in department records for the legal vessel owner or owners, and recording the transmittal on an affidavit of first class mail.

(4) May the vessel be operated if the certificate of ownership or registration has been refused or canceled? No. It is unlawful for any person to operate the vessel until a proper certificate of ownership and registration has been issued. Any person operating a vessel after the refusal or cancellation of the certificates by the department will be guilty of a gross misdemeanor.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 00-23-029, § 308-93-220, filed 11/7/00, effective 12/8/00
WSR 98-21-001, § 308-93-220, filed 10/8/98, effective 11/8/98. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-220, filed 11/18/83.

Wash. Admin. Code § 308-93-230 Procedure for perfecting security interest.

(1) How is the security interest in a vessel perfected?

A security interest in a vessel is perfected when the requirements similar to RCW 46.12.095 for vehicles is followed. Security interest in a vessel (other than one held as inventory by a manufacturer or a dealer and for which a certificate of ownership is required) is perfected only by completing the requirements of RCW 46.12.103 for vessels under the circumstances provided for in this section:

(a) The existing certificate and application for certificate of ownership containing the name and address of the secured party is received by the department with required fees; or

(b) The secured interest is perfected as of the time of its creation if the secured party's name and address appear on the outstanding certificate of ownership when received in (a) of this subsection with appropriate fees; or

(c) The vessel is subject to a security interest when brought into this state. The perfection of the security interest is determined by the jurisdiction in which the vessel was either purchased, registered and/or titled and the security interest is attached.

If perfected through the laws of another jurisdiction, the following applies:

(i) If the name of the secured party is shown on the existing certificate of ownership issued by that jurisdiction, the security interest continues perfected in this state.

(ii) If the security interest was not perfected under the law of the jurisdiction where the vessel was when the security interest was attached, it may be perfected in this state, in that case perfection dates from the time of perfection in this state.

The application must be in the same manner as provided for vehicles and WAC 308-93-069 and 308-93-070 as provided for vessels.

(2) When would the department of licensing not issue a certificate of ownership?

(a) Vessels that are documented in compliance with federal regulations are issued a registration and are not issued a certificate of ownership; or

(b) When ownership in doubt; or

(3) What fees are charged for adding, deleting or changing a secured party?

An application fee and filing fee are due for each transaction. An additional service fee is charged if a licensing subagent processes the transaction as referenced in RCW 88.02.070.

(4) What is the secured party's obligation when the lien has been satisfied?

When a certificate of ownership is required, the secured party must comply with RCW 46.12.170 as provided for vehicles, and WAC 308-93-069 and 308-93-070 as provided for vessels and pay the required fees.

Requirements for application for certificate of ownership:

(a) New vessels:

(ii) The manufacturer's statement of origin, carpenter's certificate, or factory invoice must reflect the model year, make, length and hull identification number of the vessel.

(iii) The department will not accept any manufacturer's statement of origin, carpenter's certificate, or factory invoice for the issuance of a certificate of ownership unless all persons named on the manufacturer's statement of origin, including dealers, have released or assigned their interest, or on a release of interest form approved by the department.

(iv) Dealer-to-dealer transfers may be accomplished either by appropriate endorsement of the manufacturer's statement of origin, carpenter's certificate, or factory invoice, or release of interest form approved by the department. A complete chain of ownership must be reflected from the original dealer named on the manufacturer's statement of origin to the retail selling dealer making the application.

(v) A copy of the factory invoice may be used in lieu of the manufacturer's statement of origin or carpenter's certificate only when such documents are not available and obtaining a replacement from the manufacturer would cause an undue amount of delay in titling the vessel. A certificate of fact describing why the statement of origin or carpenter's certificate is not available must be accompanied by the photocopy of the factory invoice and any necessary releases of interest on a form approved by the department.

(b) Vessels with existing certificate of ownership from a foreign titling jurisdiction:

(i) Excise exemption affidavit;

(ii) A copy of the bill of sale or sales agreement;

(iii) Declaration of value form;

(iv) Previous ownership document properly released;

(v) Proof of sales tax paid;

(vi) Release of interest;

(vii) Other verification of ownership approved by the department, such as:

(A) A judgment from a district or superior court of any county of this state awarding ownership; or

(B) Document from an involuntary divestiture sale or auction; and/or

(i) Excise exemption affidavit;

(ii) A copy of the bill of sale or sales agreement;

(iii) Declaration of value form;

(iv) Previous ownership document properly released;

(v) The registration, if it is from a nontitle state;

(vi) Proof of sales tax paid;

(vii) Manufacturer's statement of origin, factory invoice, or carpenter's certificate;

(viii) An affidavit in lieu of title;

(ix) Release of interest;

(x) Other verification of ownership approved by the department to include:

(A) A judgment from a district or superior court of any county of this state awarding ownership; or

(B) Document from an involuntary divestiture sale or auction; and/or

(D) An affidavit certifying when and where the vessel was acquired or brought into the state.

(5) What is the secured party's obligation when the lien has been satisfied due to the sale of the vessel?

The secured party must comply with RCW 46.12.101 as provided for vehicles and WAC 308-93-069 and 308-93-070 as provided for vessels.

Vessel owners applying for certificate of ownership and/or registration of a vessel must submit an application, which includes, but is not limited to:

(a) Expiration date of the certificate of registration;

(b) The name of each owner of the vessel and if the vessel is subject to security interest, the name of each secured party;

(d) The address at which one of the owners regularly receives mail;

(e) The mailing address of the first secured party;

(f) The Washington registration number as assigned;

(g) Make and model year;

(h) Length of vessel;

(i) Type of power (gasoline, diesel, etc.);

(j) Primary use (commercial, pleasure, etc.);

(k) Primary method of propulsion (inboard, sail, etc.);

(l) Type of vessel (runabout, cabin, etc.);

(m) Primary vessel construction (fiberglass, wood, etc.);

(n) County of moorage;

(o) Hull identification number, if one has been assigned;

(p) Latest purchase price and purchase year or, if the vessel was not acquired by purchase, a declaration of value and year of declaration.

(q) United States Coast Guard document number, if applicable.

In addition to the information listed above, upon original application for certificate of ownership and/or registration of a homemade vessel, the owner shall complete and sign a declaration of value form. The owner's signature must be notarized/certified in accordance with WAC 308-93-470.

(6) Is the secured party liable for the acts of the vessel owner?

No. The secured party is not liable or responsible for any act or contract made by the vessel owner or by any person representing the vessel owner.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 03-15-019, § 308-93-230, filed 7/8/03, effective 8/8/03. Statutory Authority: RCW 46.16.381. WSR 02-04-001, § 308-93-230, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 98-21-001, § 308-93-230, filed 10/8/98, effective 11/8/98
WSR 92-24-035, § 308-93-230, filed 11/25/92, effective 12/26/92. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-230, filed 11/18/83.

Wash. Admin. Code § 308-93-241 Undercover and confidential vessel registration—Application procedures.

(1) What are undercover and confidential vessel registrations? They are vessel registrations and decals assigned only to vessels owned or operated by government agencies as identified in RCW 88.02.035.

(2) When is an undercover or confidential vessel registration issued? An undercover or confidential vessel registration is issued to government agencies when the vessel is being used in confidential, investigative, or undercover work.

(3) How are undercover and confidential vessels registered?

(a) An undercover vessel registration record will show fictitious names and addresses on all department records subject to public disclosure.

(b) A confidential vessel registration record will show the government agency name and address on all department records subject to public disclosure.

(4) Who is responsible for verifying that only fictitious names and addresses are used for undercover vessel registrations? The individual signing the application.

(5) How does a government agency apply for an undercover or confidential vessel registration?

(a) A completed application form approved by the department needs to be signed by the government agency head or designated contact person.

(b) A copy of the current title, registration or other documents approved by the department of licensing that proves the vessel is owned or operated by the government agency.

History

Statutory Authority: RCW 46.08.066 and 88.02.035. WSR 06-04-026, § 308-93-241, filed 1/24/06, effective 2/24/06. Statutory Authority: RCW 88.02.100, 88.02.070, 88.02.120. WSR 02-22-004, § 308-93-241, filed 10/24/02, effective 11/24/02
WSR 00-22-068, § 308-93-241, filed 10/30/00, effective 11/30/00
WSR 98-16-001, § 308-93-241, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). WSR 92-15-023, § 308-93-241, filed 7/6/92, effective 8/6/92.

Wash. Admin. Code § 308-93-242 Undercover/confidential vessel registration—Agency contact.

(1) Who may represent a government agency regarding undercover or confidential vessel registrations? The government agency head may designate a maximum of two agency employees to represent the agency regarding undercover/confidential registration. The government agency head must provide name, signature, title, address, telephone number, and if applicable, fax number and email address of each designee must be provided.

(2) How often does the government agency contact information need to be updated? The government agency contact information must be updated, in writing, within thirty days of any change in the agency head or designee.

History

Statutory Authority: RCW 88.02.100, 88.02.070, 88.02.120. WSR 02-22-004, § 308-93-242, filed 10/24/02, effective 11/24/02
WSR 00-22-068, § 308-93-242, filed 10/30/00, effective 11/30/00
WSR 98-16-001, § 308-93-242, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). WSR 92-15-023, § 308-93-242, filed 7/6/92, effective 8/6/92.

Wash. Admin. Code § 308-93-243 Undercover or confidential vessel registrations—Vessel inventory.

(1) How does the department maintain a current inventory listing of vessels with undercover or confidential registrations?

(a) The department provides an inventory list of vessels, scheduled to be renewed within the next quarter, to each agency participating in the undercover/confidential vessel registration program. Each government agency verifies the accuracy of the information by:

(i) Correcting any erroneous information;

(ii) Deleting vessels no longer in the program by marking plainly on the list "deleted" next to the vessel that needs to be deleted;

(iii) Signing the inventory list certifying that all undercover and confidential vessels shown on the list are being utilized under RCW 88.02.035(3); and

(iv) Returning the updated inventory list to the department by the date requested.

(b) The department updates the agency inventory based on information submitted by the agencies.

(2) What action does the department take if a government agency fails to return their inventory list? The department may refuse to renew a vessel(s) shown on the quarterly inventory list until the government agency has complied with the requirements of subsection (1) of this section.

History

Statutory Authority: RCW 88.02.100, 88.02.070, 88.02.120. WSR 02-22-004, § 308-93-243, filed 10/24/02, effective 11/24/02
WSR 00-22-068, § 308-93-243, filed 10/30/00, effective 11/30/00
WSR 98-16-001, § 308-93-243, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). WSR 92-15-023, § 308-93-243, filed 7/6/92, effective 8/6/92.

Wash. Admin. Code § 308-93-244 Undercover or confidential vessel registrations—Cancellation.

(1) Who may cancel undercover or confidential vessel registrations? Undercover or confidential vessel registrations may be canceled in one of two ways:

(a) The department may cancel or refuse to renew undercover or confidential vessel registrations when the department has reasonable cause to believe the vessel is being used for purposes other than those authorized in RCW 88.02.035; or

(b) A government agency may request cancellation of their undercover or confidential vessel registration when the undercover or confidential registration is no longer required.

(2) How does a government agency cancel undercover or confidential vessel registration? The government agency notifies the department in writing that the undercover or confidential vessel registration is no longer required, and indicates that the vessel registration numbers and decals have been removed from the vessel. The department of licensing then changes the record to indicate the vessel is registered to the government agency.

(3) May the undercover or confidential vessel registration numbers and decals remain on the vessel when it is removed from the program? No. The registration numbers and decals must be removed from the vessel.

History

Statutory Authority: RCW 88.02.100, 88.02.070, 88.02.120. WSR 02-22-004, § 308-93-244, filed 10/24/02, effective 11/24/02
WSR 00-22-068, § 308-93-244, filed 10/30/00, effective 11/30/00
WSR 98-16-001, § 308-93-244, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). WSR 92-15-023, § 308-93-244, filed 7/6/92, effective 8/6/92.

Wash. Admin. Code § 308-93-270 Appeals to superior court from suspension, cancellation, or refusal of registration or certificate of ownership.

May I appeal the department's decision to refuse to issue a registration or certificate of ownership or suspend or cancel a registration or certificate of ownership?

Yes. The suspension, cancellation, or refusal by the department of any registration or certificate of title provided for in chapter 88.02 RCW and chapter 250, Laws of 1984, or chapter 308-93 WAC will be conclusive unless the person whose registration or certificate is suspended, canceled, or refused appeals to the superior court of Thurston County, or to the superior court of the county of the person's residence, for the purpose of having the suspension, cancellation, or refusal of such registration or certificate set aside. Notice of appeal must be filed within ten days after receipt of the notice of suspension, cancellation, or refusal. Upon the filing of the notice of appeal the court must issue an order to the department to show cause why the registration should not be granted or reinstated, which order must be returned not less than ten days after the date of service thereof upon the department. Service must be in the manner prescribed for service of summons and complaint in other civil actions.

At the hearing on the order to show cause, the court will hear evidence concerning matters with reference to the suspension, cancellation, or refusal of the registration or certificate and will enter judgment either affirming or setting aside such suspension, cancellation, or refusal.

History

Statutory Authority: RCW 46.16.381. WSR 02-04-001, § 308-93-270, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 99-03-002, § 308-93-270, filed 1/7/99, effective 2/7/99
WSR 84-13-086 (Order TL-RG-2), § 308-93-270, filed 6/21/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-270, filed 11/18/83.

Wash. Admin. Code § 308-93-275 Abandoned vessels.

What are the options for disposing of an abandoned vessel?

An abandoned vessel may be disposed of in several ways, depending upon where it is abandoned.

(1) Vessel abandoned adrift.

The watercraft adrift laws (chapter 79A.60 RCW) provide details for disposing of vessels abandoned on water.

(a) In addition to other documents required by law or rule, the following documents are required when applying for a certificate of ownership to a vessel that was abandoned adrift.

(i) A copy of the court order authorizing the sale of the abandoned vessel;

(ii) A bill of sale from the entity selling the vessel; and

(iii) A properly completed and notarized/certified vessel data form unless a completed vessel title application is submitted in lieu of the vessel data form.

(2) Vessel abandoned on land.

(a) A vessel abandoned on land may be disposed of by one of the following:

(i) The lost and found property laws in chapter 63.21 RCW; or

(ii) The unclaimed property in hands of city police (chapter 63.32 RCW); or

(iii) Unclaimed property in the hands of Washington state patrol (chapter 63.35 RCW); or

(iv) Unclaimed property in hands of sheriff (chapter 63.40 RCW).

(b) Documents needed to apply for a certificate of ownership for vessel that was abandoned on a highway of this state and towed by a registered tow truck operator. Vessels that are:

(i) Registered with the department; and

(ii) Found abandoned on a highway of this state; and

(iii) Towed by a registered tow truck operator

are subject to the requirements of the abandoned vehicle laws (chapter 46.55 RCW). The vessel may be sold using an abandoned vehicle report as proved in chapter 46.55 RCW. A properly completed and notarized/certified vessel data form is required upon application for certificate of ownership unless a completed vessel title application is submitted in lieu of the vessel data form.

(3) Vessel considered abandoned at a moorage facility.

A vessel moored in a moorage facility is considered abandoned when the vessel owner fails to pay the port charges owed.

Publicly owned moorage facilities attempting to dispose of a vessel for failure of the owner to pay port charges must follow the requirements of RCW 53.08.320. Privately owned moorage facilities attempting to dispose of a vessel for failure of the owner to pay port charges must follow the requirements of RCW 88.26.020.

History

Statutory Authority: RCW 46.16.381. WSR 02-04-001, § 308-93-275, filed 1/23/02, effective 2/23/02.

Wash. Admin. Code § 308-93-276 Vessel seller's report of sale.

(1) Who must file a vessel seller's report of sale? With the exception of certain vessel transfers by registered Washington vessel dealers, Washington law (RCW 88.02.070 and 46.12.101) requires filing of a vessel seller's report of sale by any person or business that transfers their interest in a Washington registered/titled vessel to anyone else. For the purposes of this rule, transferring an interest includes, but is not limited to, selling, gifting, trading or disposing of your vessel, but does not include the creation, deletion, or change of a security interest.

(2) When must a vessel seller's report of sale be filed? Vessel seller's report of sale must be received by the department within five days of the date of sale, gift, trade or other disposition of the vessel, excluding Saturdays, Sundays, and state and federal holidays.

(3) Who is the seller? The seller is a person (individual or business) who transfers their right of ownership of a vessel to another person or business.

(4) Who is the purchaser? The purchaser is a person (individual or business) who takes a vessel into their possession, by voluntary acquisition.

(5) How do I file my vessel seller's report of sale? You may file your seller's report of sale by mailing it to the department.

(6) What information is required on the vessel seller's report of sale? You are required to provide the following information:

(a) The date of the sale or transfer;

(b) Name(s) and address of seller;

(d) Description of vessel including:

(i) Vessel hull identification number; and

(ii) Vessel registration number.

(7) May a vessel seller's report of sale be removed from my vessel record? Yes. As a registered owner, you may have a vessel seller's report of sale removed by notifying the department in writing. You will need to provide the reason you are removing the report of sale.

(8) How will I show that I filed a vessel seller's report of sale? To obtain a copy of the filed seller's report of sale, you must contact the department.

Washington law makes it clear that it is a felony to knowingly make a false statement of fact. The penalty, upon conviction, shall be a fine of not more than five thousand dollars or imprisonment of not more than ten years, or both the fine and imprisonment. (RCW 46.12.210.)

History

Statutory Authority: RCW 46.01.110 and 46.12.101. WSR 06-23-038, § 308-93-276, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 02-24-013, § 308-93-276, filed 11/25/02, effective 12/26/02.

Wash. Admin. Code § 308-93-280 Hull identification numbers.

(1) Is a hull identification number required to use a vessel on the waters of Washington state?

Yes. A hull identification number is required on any vessel that is used on the waters of this state unless application for hull identification number has been made and issuance of the hull identification number is pending.

(2) Is it unlawful to destroy, remove, alter, cover or deface the HIN?

Yes. It is unlawful for a person, firm, association or corporation to destroy, remove, alter, cover or deface a HIN.

(3) When is the hull identification number (HIN) assigned by the department?

If a HIN is not affixed during manufacture, a HIN is assigned by the vehicle field system at the time of application for registration, whenever the HIN has been:

(a) Altered;

(b) Removed;

(d) Defaced;

(e) Omitted; or

(f) Is otherwise absent.

If the model year of the vessel is a 1985 or newer, then the HIN will be verified via the manufacturer's statement of origin (MSO).

(4) How is the department assigned HIN affixed to the vessel?

(a) The HIN must be clearly imprinted or otherwise permanently affixed above the waterline in such a way that alteration, removal, or replacement would be obvious or evident; and

(b) The HIN must be at least one quarter of an inch in height and shall be placed on:

(i) The outboard starboard side of the transom; or

(ii) The outermost starboard side at the end of the hull that bears the rudder of other steering mechanism, if there is no transom.

(5) Can the previous HIN be reaffixed?

The department may authorize the vessel owner to reaffix the HIN.

(6) If a HIN is missing on a vessel that is abandoned on or along a public highway, may the vessel be processed through the abandoned vehicle process?

Yes, if a certificate of ownership/registration has been issued. If not, then vessels abandoned on or along the public highways may not be processed through the abandoned vehicle statute (chapter 46.55 RCW). Such vessels are considered personal property and must be disposed of in accordance with chapters 63.32, 63.35 and 63.40 RCW.

History

Statutory Authority: RCW 46.16.381. WSR 02-04-001, § 308-93-280, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 99-03-002, § 308-93-280, filed 1/7/99, effective 2/7/99. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-280, filed 11/18/83.

Wash. Admin. Code § 308-93-285 Vessel length measurement.

(1) How is the length of my vessel calculated? The overall length of a vessel provided by the owner on application for certificate of ownership must be rounded down to the nearest whole foot. Vessel measurement must be from the tip of the bow to the stern of the vessel down the centerline but not including boomkins, swim ladders, outboard engines, or other extremities.

(2) How do I change the recorded length of my vessel if incorrect? Changing the recorded vessel length, unless incorrectly entered by the department requires:

(a) Verification of remeasurement from:

(i) A law enforcement agency; or

(ii) A port agency; or

(iii) The United States Coast Guard; or

(iv) Authorized representatives of the department.

(b) Documentation from the vessel manufacturer providing the correct length for that model vessel.

(c) Verification must be on agency letterhead and include the vessel description and signature of an authorized representative.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-08-021, § 308-93-285, filed 3/27/01, effective 4/27/01
WSR 98-16-030, § 308-93-285, filed 7/29/98, effective 8/29/98
WSR 92-24-035, § 308-93-285, filed 11/25/92, effective 12/26/92.

Wash. Admin. Code § 308-93-295 Dealer temporary permits to operate vessels.

(1) What documents are required to place or use a vessel on the water if purchased from a Washington licensed vessel dealer? If a vessel is purchased from a Washington vessel dealer licensed under chapter 88.02 RCW, the following documents are required:

(a) If the vessel is currently registered in Washington state, the vessel may be placed or used on the waters immediately, provided the sale documents are carried on the vessel; or

(b) If the vessel is not currently registered in Washington state, the dealer may issue a thirty-day temporary permit, allowing the vessel to be placed or used on the water. In addition to the permit the sale documents must be carried on the vessel and made available upon request.

(2) How long does the dealer have to apply for certificate of ownership and provide a new registration to the purchaser? The dealer must apply for a certificate of ownership within thirty days from the date of delivery. The dealer must make available a new registration to the purchaser within limits set by WAC 308-90-150 from the date of delivery. Only one vessel dealer temporary permit may be used.

(3) How does a Washington licensed vessel dealer complete a vessel temporary permit? A Washington licensed vessel dealer completes a temporary permit as follows:

(a) Fill out the certificate of ownership portion of the permit, detailing all owners and all fees collected, including the dealer's report of sale and date of sale/delivery. All registered owners must sign the application and signatures must be notarized/certified.

(b) Detach the cardboard copy of the permit and record the date of expiration in dark permanent ink, with bold letters and numbers, on the permit side of that copy. Present the remaining copies to a license agent within thirty calendar days of delivery as an application for registration and certificate of ownership. The dealer will receive a five-dollar credit for a properly issued permit.

(i) Display the cardboard copy of the permit on the vessel;

(ii) Carry the purchase order identifying the sale on the vessel; and

(iii) Make the permit and purchase order readily available upon request by law enforcement.

(d) Collect fees for certificate of ownership and registration for a June expiration.

(4) Can a Washington licensed vessel dealer use a dealer temporary permit to operate a vessel? No. The permit may only be used by the purchaser of the vessel. A dealer may not use the permit to operate or demonstrate a vessel.

(5) Under what conditions may a dealer turn in the permits and be eligible for a refund? Refunds are only allowed when the dealer ceases doing business as a vessel dealer.

(6) May a Washington licensed vessel dealer transfer unused temporary vessel permits to another vessel dealer? No, temporary permits are not transferable from one vessel dealer to another.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 00-23-029, § 308-93-295, filed 11/7/00, effective 12/8/00
WSR 98-21-001, § 308-93-295, filed 10/8/98, effective 11/8/98. Statutory Authority: RCW 88.02.100. WSR 92-06-009, § 308-93-295, filed 2/24/92, effective 3/26/92. Statutory Authority: 1987 c 149 § 9. WSR 88-01-011 (Order TL/RG 40), § 308-93-295, filed 12/7/87.

Wash. Admin. Code § 308-93-350 Erasures and alterations and incorrect information.

(1) Will the department accept an application for certificate of ownership if the certificate of ownership or supporting documents have been altered? The department may refuse to accept any certificate of ownership when ownership or vessel information has been altered. A replacement ownership document may be required.

(2) What does the department require when a certificate of ownership, an application for certificate of ownership or a supporting document has been altered?

(a) The department may require an affidavit explaining any erasure or alteration on the application, certificate of ownership, or any supporting documentation.

(b) The department may require a notarized/certified release of interest when:

(i) A signature or name that has been altered or erased appears on an application; or

(ii) A security interest is named to be shown on the new certificate of ownership and the applicant claims there is no lien; or

(iii) A security interest is shown incorrectly or is altered on the application for certificate of ownership. In lieu of a release of interest, Washington licensed vessel dealers may attach an affidavit explaining the error in the security interest.

(c) If an erasure has been made on a title, a notarized/certified affidavit must be attached. The affidavit must state why and by whom the erasure was made. The one whose name was erased must sign a notarized/certified release of interest.

(d) If a name is erroneously shown on the title as the purchaser, the department may require a statement from the seller or owner (of record) that the sale was not completed.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-08-021, § 308-93-350, filed 3/27/01, effective 4/27/01
WSR 98-16-030, § 308-93-350, filed 7/29/98, effective 8/29/98
WSR 84-13-086 (Order TL-RG-2), § 308-93-350, filed 6/21/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-350, filed 11/18/83.

Wash. Admin. Code § 308-93-360 Application for certificate of ownership required.

When is a certificate of ownership required? An application for certificate of ownership is required when:

(1) A person purchases a new vessel unless otherwise exempt from chapter 88.02 RCW.

(2) There is a change of ownership due to:

(a) Sale;

(b) Gift;

(d) Trade;

(e) Addition or deletion of an owner;

(f) Proprietorship or partnership forming a corporation, whether or not the business name is changing; or

(g) Proprietorship or partnership purchasing a corporation which will no longer be operated as a corporation, whether or not the business name is changed.

(3) There is a name change of:

(a) The owner;

(b) The secured party; or

(4) There is no change in the owner of the vessel but the certificate of ownership needs to be reissued because:

(a) A lien has been satisfied and the lien holder's name needs to be removed;

(b) A lien holder's name needs to be added. If a secondary lien holder is being added, the address of only the primary lien holder will be recorded;

(d) There has been a structural change in the vessel that changes the physical description of the vessel on the current certificate of ownership; or

(e) The vessel hull identification number has been altered, or removed, or needs to be corrected on the vessel or on the certificate of ownership.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-08-021, § 308-93-360, filed 3/27/01, effective 4/27/01
WSR 98-16-030, § 308-93-360, filed 7/29/98, effective 8/29/98. Statutory Authority: 1985 c 258. WSR 85-23-066 (Order TL-RG-19), § 308-93-360, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 84-13-086 (Order TL-RG-2), § 308-93-360, filed 6/21/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-360, filed 11/18/83.

Wash. Admin. Code § 308-93-370 Format required for name and address—Names separated by the words "and," "or," or the slash symbol (/).

(1) Does the department use the words "and," "or," or the slash symbol (/) when recording multiple interests on a certificate of ownership? No, the department no longer uses these designations when recording ownership interest. For those certificates of ownership that have been issued using one of these designations:

(a) Any registered owners shown are considered to have equal registered owner interest in the vessel; and

(b) Any secured parties shown are considered to have equal secured party interest in the vessel.

(2) Will the department use the words "and," "or," or the slash symbol (/) if another jurisdiction has recorded multiple interests on the foreign certificate of ownership using one of these designations? No. The department does not allow the use of these designations when recording ownership interest.

History

Statutory Authority: RCW 88.02.070, 88.02.100. WSR 03-07-076, § 308-93-370, filed 3/18/03, effective 4/18/03
WSR 01-21-071, § 308-93-370, filed 10/18/01, effective 11/18/01
WSR 99-22-059, § 308-93-370, filed 11/1/99, effective 12/2/99. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-370, filed 11/18/83.

Wash. Admin. Code § 308-93-380 Format required for name and address—Ownership in joint tenancy.

(1) What does joint tenancy with rights of survivorship (JTWROS) mean when noted on a certificate of ownership? If a vessel certificate of ownership shows the owners are in joint tenancy with rights of survivorship and one of the named parties dies, ownership vests in the surviving joint owner(s). The department will issue a certificate of ownership in the name of the surviving joint owner(s) upon application supported by a copy of the death certificate issued by a government entity and an application for certificate of ownership signed by the surviving owner(s).

(2) How is joint tenancy with rights of survivorship shown on the application for certificate of ownership? The application for certificate of ownership must show the name of every owner with the phrase "Joint tenants with rights of survivorship" spelled out.

History

Statutory Authority: RCW 88.02.070, 88.02.100. WSR 03-07-076, § 308-93-380, filed 3/18/03, effective 4/18/03
WSR 01-21-071, § 308-93-380, filed 10/18/01, effective 11/18/01
WSR 99-22-059, § 308-93-380, filed 11/1/99, effective 12/2/99. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-380, filed 11/18/83.

Wash. Admin. Code § 308-93-390 Vessels held in trust.

(1) How is a trust shown on a certificate of ownership? A certificate of ownership may show the name of the trustee(s) or trust in one of the following manners:

(a) The trustee(s) name(s) only followed by the designation trustee, i.e., John Doe, trustee; or

(b) The trustee(s) name(s) followed by the designation trustee and the name of the trust, i.e., John Doe, trustee John Doe Family Trust; or

| Note: | If necessary, the name of the trust will be abbreviated to meet the department's system limitations. | | --- | --- |

(2) What trust documents do I need to present to apply for a certificate of ownership in the name of the trust? You will need to provide a copy of the signed trust documents, showing the name of the trust, trustee(s) and successor trustees.

| Note: | Massachusetts Trusts described in chapter 23.90 RCW must provide verification that the trust was filed with the Washington secretary of state. | | --- | --- |

(3) What is required when the trustee no longer acts on behalf of a trust? If a trustee no longer acts on behalf of a trust, and the vessel ownership currently shows:

(a) The trustee(s) name(s) only followed by the designation trustee, i.e., John Doe, trustee, application must be made for a new certificate of ownership; or

(c) The name of the trust only, i.e., John Doe Family Trust application for new certificate of ownership is not required.

| Note: | New, or successor, trustees must provide documentation showing they are named as such in the trust. | | --- | --- |

(4) What is required when a trust is terminated? If the termination of the trust results in a change of ownership for the vessel, the new owner must apply for a new certificate of ownership under chapter 88.02 RCW.

History

Statutory Authority: RCW 88.02.070, 88.02.100. WSR 03-07-076, § 308-93-390, filed 3/18/03, effective 4/18/03. Statutory Authority: RCW 46.01.110, 88.02.070 and 88.02,100 [88.02.100]. WSR 01-08-022, § 308-93-390, filed 3/27/01, effective 4/27/01. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 99-22-059, § 308-93-390, filed 11/1/99, effective 12/2/99. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-390, filed 11/18/83.

Wash. Admin. Code § 308-93-400 Multiple security interests.

(1) Will the department issue a certificate of ownership indicating more than one security interest? Yes, more than one security interest may be shown on the certificate of ownership.

(2) How are additional security interests shown on the certificate of ownership? Additional security interests are shown on the next name line, directly after the first security interest. Only the address of the first security interest is shown on the certificate of ownership.

(3) If the lien has been satisfied with one of the secured parties shown on a certificate of ownership, how is their interest released? When the lien has been satisfied with one of the secured parties shown on a certificate of ownership, that secured party's interest will be released on the certificate of ownership or a department approved release of interest form. The remaining secured party(s) shall, within ten days of receiving the properly released certificate of ownership, apply for reissue of the certificate of ownership showing the remaining secured parties' name and address.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-21-071, § 308-93-400, filed 10/18/01, effective 11/18/01
WSR 99-22-059, § 308-93-400, filed 11/1/99, effective 12/2/99. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-400, filed 11/18/83.

Wash. Admin. Code § 308-93-440 Ownership in doubt—Bonded title or three-year registration without title.

(1) What is ownership in doubt? Ownership in doubt is when a vessel owner(s) is unable to obtain satisfactory evidence of ownership or release of interest described in WAC 308-93-460.

(2) What options are available in an ownership in doubt situation? When in an ownership in doubt situation, the owner may:

(a) Apply for three-year registration without title; or

(b) Apply for a bonded title as described in vehicle law RCW 46.12.680; or

(c) Petition any district or superior court of any county of this state to receive a judgment. This is required if ownership of the vessel is contested after the applicant makes application for ownership in doubt and before the three-year ownership in doubt period has lapsed.

(3) What documents are required when applying for a bonded title or three-year registration without title? Required documents when applying for a bonded title or three-year registration include:

(a) A bonded title or three-year registration without title affidavit completed by the applicant and signed by all persons to be shown as registered owner(s).

(b) Application for certificate of ownership (title).

(d) Other documents that may be required by law or rule.

(4) How is a vessel value determined for filing a bond? Vessel value may be determined from one of the following sources:

(a) The department's automated valuing system; or

(b) A published appraisal guide; or

(c) Appraisal from a licensed vessel dealer or appraisal company. The appraisal must be on company letterhead and have the business card attached; or

(d) An appraisal from the department of revenue; or

(e) Insured amount; or

(f) Consideration or payment plus estimated repairs by a bona fide repair facility; or

(g) Other valuing sources approved by the department.

(5) May I sell or release my interest in the vessel during the three-year ownership without title period? Yes. A bonded certificate of ownership may be released and provided to the buyer in the same way as any other certificate of ownership. The Washington bonded title may not be accepted by another state. If the other state has a similar program, they may issue their own type of bonded certificate of ownership. For three-year registration without title, provide the buyer with a notarized or certified release of interest. The new owner may either provide a judgment from a district or superior court of Washington or wait until the expiration of the time remaining on the previous ownership in doubt period and then make application for the certificate of ownership. If a notarized or certified release of interest cannot be obtained from the current registered owner, the new owner must start over with a new three-year bonded or three-year registration without title process.

History

Statutory Authority: RCW 46.12.635 and 46.12.680. WSR 25-19-079, s 308-93-440, filed 9/16/25, effective 10/17/25. Statutory Authority: RCW 46.01.110. WSR 07-13-082, § 308-93-440, filed 6/19/07, effective 7/20/07. Statutory Authority: RCW 88.02.070, 88.02.100. WSR 03-07-076, § 308-93-440, filed 3/18/03, effective 4/18/03
WSR 00-23-028, § 308-93-440, filed 11/7/00, effective 12/8/00. Statutory Authority: RCW 88.02.070. WSR 98-09-023, § 308-93-440, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 88.02.070, 88.02.100 and 46.12.380. WSR 96-03-046, § 308-93-440, filed 1/11/96, effective 2/11/96. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-440, filed 11/18/83.

Wash. Admin. Code § 308-93-445 Personal property lien—Chattel.

(1) What is a chattel lien? For the purposes of this chapter, a chattel lien is a process by which a person may sell or take ownership of a vessel when:

(a) They provide services or materials for the vessel at the request of the registered owner; and

(b) The person who provided the services and/or materials has not been compensated.

(2) What documents are required to issue a certificate of ownership for a vessel? The required documents include:

(a) A completed Vehicle/Vessel Chattel Lien Sale Affidavit form provided or approved by the department; and

(b) A certified copy of the lien filing that is filed with the county auditor; and

(c) A copy of the letter(s) sent by the lien applicant via first class mail, and certified or registered mail, to the registered and legal owners of record, including the return receipt; and

(d) Affidavit of service by mail; and

(e) Application for certificate of ownership; and

(f) Other documents that may be required by law or rule.

(3) When is a Washington court order required to issue a certificate of ownership as a result of a chattel lien? A court order is required when:

(a) Someone other than the owner of record requested the services and/or materials; or

(b) There is no record of the vessel on file with the department.

(4) What laws regulate chattel liens? Chapters 60.08 and 60.10 RCW regulate chattel liens.

History

Statutory Authority: RCW 88.020 [88.02.070], 88.02.100. WSR 07-03-128, § 308-93-445, filed 1/23/07, effective 2/23/07. Statutory Authority: RCW 46.01.110. WSR 06-17-145, § 308-93-445, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-21-071, § 308-93-445, filed 10/18/01, effective 11/18/01.

Wash. Admin. Code § 308-93-446 Personal property lien—Landlord's lien for rent.

(1) What is a landlord's lien for rent? For the purposes of this chapter, a landlord's lien for rent is a process by which a landlord may sell or take ownership of a tenant's vessel as security for rent due.

This chapter does not apply to vessels (including transient vessels) moored or stored at a private moorage facility (see chapter 88.26 RCW).

(2) What documents are required to issue a certificate of ownership for a vessel obtained through the landlord's lien for rent process? The required documents include:

(a) A completed affidavit of landlord lien form provided or approved by the department;

(b) Application for certificate of ownership; and

(4) What laws regulate landlord's liens for rent? Chapters 58.18, 60.10, and 60.72 RCW regulate landlord's liens for rent.

History

Statutory Authority: RCW 46.01.110. WSR 06-17-145, § 308-93-446, filed 8/22/06, effective 9/22/06.

Wash. Admin. Code § 308-93-447 Personal property lien—Self-service storage facilities.

(1) What is a self-service storage facilities lien? A self-service storage facilities lien is a process by which the owner of a self-service storage facility may sell a vessel stored at the facility as security for rent or other charges due.

(2) What documentation is required to obtain a certificate of ownership for a vessel obtained through the self-service storage facilities lien process? The required documents include:

(a) A completed affidavit of self-service storage facilities lien form provided or approved by the department;

(b) Application for certificate of ownership; and

(3) When is a Washington court order required to issue a certificate of ownership as a result of a self-service storage facilities lien?

(a) The vessel is no longer in the possession of the person who is claiming the self-service storage facilities lien; or

(b) There is an existing lien holder on the vessel record; or

(4) What law regulates self-service storage facilities liens? Chapter 19.150 RCW regulates self-service storage facilities liens.

History

Statutory Authority: RCW 46.01.110. WSR 06-17-145, § 308-93-447, filed 8/22/06, effective 9/22/06.

Wash. Admin. Code § 308-93-450 Signature of owner on application—Exceptions.

(1) When is the signature of a registered owner(s) required? Each registered owner is required to sign the application for certificate of ownership except when:

(a) The application is for the sole purpose of removing a secured party of record from the certificate of ownership;

(b) Authorized supportive documentation, such as a power of attorney, is used in lieu of the signature(s);

(d) There is a statutorily authorized lien filed by a government agency against the vessel;

(e) An existing legal owner's perfected security interest is transferred to another party and the new secured party is perfecting its security interest.

(2) If there are multiple registered owners on an application for certificate of ownership, when is only one registered owner's signature required? Only one registered owner's signature is required when:

(a) The last certificate of ownership was issued in another jurisdiction; and

(b) The last certificate of ownership shows multiple registered owners; and

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 00-23-028, § 308-93-450, filed 11/7/00, effective 12/8/00. Statutory Authority: RCW 88.02.070. WSR 98-09-023, § 308-93-450, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 92-24-035, § 308-93-450, filed 11/25/92, effective 12/26/92. Statutory Authority: 1985 c 258. WSR 85-23-066 (Order TL-RG-19), § 308-93-450, filed 11/19/85. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-450, filed 11/18/83.

Wash. Admin. Code § 308-93-460 Release of interest.

(1) How does an owner release their interest in a vessel? A vessel owner(s) or secured party who intends to release interest in a vessel must:

(a) Sign the release of interest provided on the certificate of ownership; or

(b) Sign a release of interest document or form approved by the department.

(2) What documentation may be used in lieu of a release of interest? Documents that may be used in lieu of a release of interest include, but are not limited to, a certified or notarized:

(a) Bill of sale;

(b) Affidavit in lieu of title with the release of interest portion properly completed;

(d) Letter of release;

(e) Affidavit of repossession;

(f) Abandoned vessel reported on an abandoned vehicle report and the affidavit of sale on the report has been completed by the issuing tow company;

(g) Other documentation approved by the department.

(3) What forms may secured parties use in lieu of subsection (1)(a) and (b) of this section when their intent is to release interest? Secured parties who intend to release their interest in a vessel may provide one of the following if accompanied by the most recently issued certificate of ownership:

(a) Their properly completed official lien release form; or

(b) The secured party is a business entity, a release of interest on its official letterhead.

(4) How is the release of interest submitted on an electronically stored Washington certificate of ownership? If the Washington certificate of ownership is a paperless certificate of ownership (title), the secured party may release its interest electronically or by signing an affidavit in lieu of title.

(5) When do signatures releasing interest need to be notarized or certified? An owner's release of interest on department approved documents other than the certificate of ownership must be notarized or certified in accordance with WAC 308-93-470.

(6) Are there situations when signatures would not need to be notarized or certified in order to release interest? Yes, the following are situations where notarization or certification is not required:

(a) When a signature releasing interest is provided on the certificate of ownership issued by the department or another jurisdiction;

(b) When a signature releasing interest is provided on an affidavit in lieu of title printed at a Washington paperless title institution's location;

(c) If the Washington certificate of ownership is a paperless certificate of ownership (title), the secured party may release its interest electronically;

(d) When there is a secured party and:

(i) The secured party is a business; and

(ii) Release of interest in a vessel is in accordance with subsection (2)(a) or (b) of this section; and

(iii) The current certificate of ownership is submitted with the separate release of interest and an application for a new certificate of ownership;

(e) A release of interest or bill of sale is obtained from the registered owner when the vessel is from a jurisdiction which does not issue certificate of ownership or titles for this type of vessel;

(f) Documentation for a dissolution of marriage indicates the vessel had been awarded through the court;

(g) The registered owner is deceased (refer to WAC 308-93-520);

(h) Signature notarized on repossession if the vessel has been repossessed by the legal owner of record;

(i) A release of interest or a bill of sale from a wrecker or insurance company;

(j) If a valid marine document has been issued by or applied for from the United States Coast Guard documentation office;

(k) A court order awarding the vessel is provided;

(l) The director determines a notarized signature is not needed.

(7) When is a registered owner's release of interest not required? A release of interest is not required when:

(a) A registered owner is identified as a lessee or sublessee on an ownership document or a lienholder sells a contract to another lienholder;

(b) Documentation is required by the department in the event of death;

(d) Repossession.

(8) What is required to release the interest of a secured party in a documented vessel registered in Washington? A United States Coast Guard abstract may be used to release the interest of the secured party for a vessel registered in Washington.

(9) What documentation will be provided by the United States Coast Guard documentation office? The United States Coast Guard documentation office must provide the following documentation for secured parties who intend to release interest on a marine documented vessel:

(a) Their properly completed official lien release form; or a release of interest on their official letterhead, if the secured party is a business entity;

(b) Provide a certified copy of the satisfaction of preferred marine mortgage;

(c) Provide a certified copy of the document abstract from the United States Coast Guard, documentation office showing the lien has been satisfied.

These documents are provided to the United States Coast Guard by the lienholder/secured party, seller, new owner etc. Copies of these items may be requested from the United States Coast Guard for submission to the department when applying for certificate of ownership.

(10) What must the owner provide to the department when a vessel will no longer be documented with the United States Coast Guard? The owner must provide:

(a) A copy of the removal letter from the United States Coast Guard documentation office; and

(b) Documentation described in subsection (9) of this section for removing lienholder/secured party; and

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 00-23-028, § 308-93-460, filed 11/7/00, effective 12/8/00. Statutory Authority: RCW 88.02.070. WSR 98-09-023, § 308-93-460, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 88.02.070 and [88.02].100. WSR 93-14-082, § 308-93-460, filed 6/30/93, effective 7/31/93. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-460, filed 11/18/83.

Wash. Admin. Code § 308-93-470 Certification of signatures.

(1) Who may certify or notarize vessel certificate of ownership and registration activities on behalf of the department? Signatures must be notarized by a notary public or certified by agents and subagents appointed by the director. The certification must include the signature, county, and office of the person certifying the signature. Signatures may also be certified by one of the following:

(a) Employees authorized by the director to certify signatures. The employees are:

(i) Deputy director; and

(ii) Assistant director for vehicle services; and

(iii) Administrator and managers of the division primarily responsible for vessel title and registration; and

(iv) Persons assigned to liaison duties between the department and its agents and subagents; and

(v) Persons assigned the responsibility of accepting title and registration applications at the department's offices; and

(vi) Persons assigned the responsibility for investigating vessel dealer activities.

(b) Persons named on a Washington vessel dealers bond, filed with the department, if the vessel is sold by that licensed vessel dealer. The certification must include the dealer number, signature, and title, of the person certifying the signature.

(2) What proof of identification must be presented to the person certifying the signature(s)? The person certifying the signatures shall require proof of identification. Approved identification includes:

(a) Drivers license; or

(b) Any signed photo identification card; or

(i) A nationally or regionally recognized credit card (signed);

(ii) A signed ID card issued by a city, county, state or federal government agency;

(iii) Any certificate or other document issued by a government agency for the purpose of establishing identity; or

(d) Other documentation satisfactory to the person certifying the signature.

History

Statutory Authority: RCW 46.01.110 and 88.02.320. WSR 23-23-146, § 308-93-470, filed 11/20/23, effective 12/21/23. Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 00-23-028, § 308-93-470, filed 11/7/00, effective 12/8/00. Statutory Authority: RCW 88.02.070. WSR 98-09-023, § 308-93-470, filed 4/8/98, effective 5/9/98. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-470, filed 11/18/83.

Wash. Admin. Code § 308-93-490 Law enforcement sale.

(1) What ownership documents does the department require to issue a certificate of ownership for a vessel, which has been purchased at a law enforcement sale? In addition to other documents and fees required by chapters 46.01 and 88.02 RCW the department requires:

(a) The current certificate of ownership, if it is available; and

(b) A bill of sale from law enforcement to the purchaser stating that the vessel was sold in accordance with chapter 63.32, 63.35 or 63.40 RCW; or

(c) A copy of an order, describing the vessel, from any district or superior court of any county of this state authorizing law enforcement to sell the vessel.

(2) Does the sale of a vessel at a law enforcement sale remove any previous security interest? Yes, security interests are released upon the sale of a vessel at a law enforcement sale. No additional releases of interest are required from the secured party.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-21-071, § 308-93-490, filed 10/18/01, effective 11/18/01
WSR 99-22-059, § 308-93-490, filed 11/1/99, effective 12/2/99. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-490, filed 11/18/83.

Wash. Admin. Code § 308-93-500 Name change.

What documentation does the department require to change my name as shown on the certificate of ownership? In addition to other documents required by chapters 88.02 RCW and 308-93 WAC, the department requires:

(1) A copy of a court order from any district or superior court of this state authorizing the change of name if the name was changed by a court action; or

(2) An affidavit signed by you stating:

(a) Your previous and current names; and

(b) The reason for the name change; and

(3) What documentation does the department require to change the name of a business or corporation as shown on the certificate of ownership?

(a) If two or more businesses merge and a new UBI number is created, applications for each vessel in the new company name and documentation substantiating the name change and/or merger. All certificates of ownership changing from the previous business name(s) to the new business are processed as transfers.

(b) If two or more businesses merge and one of the UBI numbers is retained for the new business, notarized signatures are required on the new application. The certificate of ownership transactions for the business whose UBI number is retained will be processed as name change transactions; certificate of ownership transactions from the other business will be processed as transfers.

(c) If a business has changed names without a change in ownership, documentation such as a copy of the new business or corporate license must be submitted with the application for certificate of ownership and the existing ownership document or an affidavit in lieu. The certificate of ownership will be reissued in the new business name.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-21-071, § 308-93-500, filed 10/18/01, effective 11/18/01
WSR 99-22-059, § 308-93-500, filed 11/1/99, effective 12/2/99
WSR 84-13-086 (Order TL-RG-2), § 308-93-500, filed 6/21/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-500, filed 11/18/83.

Wash. Admin. Code § 308-93-510 Transfer by court order.

(1) What does the department require if ownership of a vessel is awarded by court order? In addition to other documents required by chapters 88.02 RCW and 308-93 WAC, for each of the specific situations the department requires the following:

(a) If the vessel is most recently titled in Washington, a copy of the court order from any district or superior court of any county of this state, or certification from the clerk of the court confirming the courts' action. The court order or certification from the clerk must describe the vessel and to whom the vessel is awarded; or

(b) If the vessel for which ownership was most recently established, is in the same jurisdiction as the court action, a copy of the foreign court order is required. For example: A California court order and California vessel ownership documents; or

(c) If the court order and vessel for which ownership was most recently established are not from the same jurisdiction, the court order is required to be filed in accordance with RCW 6.36.025 prior to being submitted with the application for certificate of ownership.

(2) What information needs to be on the court order for the department to accept it? The department requires the court order to contain, at a minimum:

(a) The name of the person to whom the property is awarded;

(b) A description of the vessel(s) awarded, including the hull identification number and/or Washington registration number, if available;

(d) An indication that the court order is the final judgment of the court in this matter; and

(e) A signature of an authorized representative of the court.

(3) What does the department require if the court order does not describe the vessel by vessel identification number or Washington registration number? The department requires a certified or notarized statement from the person awarded the vessel. The statement must describe the vessel in the court order by year, make, and hull identification number as a minimum.

(4) Does the department require all pages of the final court order? No, the department requires only copies of pages of the final court order containing:

(a) The information listed in subsection (2) of this section; and

(b) If the court order identifies any collateral agreements, those portions of the collateral agreement identifying the vessel and its disposition, the first page and the signature page of that collateral agreement; and

(5) Does the copy of the court order need to be certified? The copy of the court order does not need to be certified.

(6) Will the department remove the security interest recorded on the current certificate of ownership with a court order? The department will:

(a) Remove the security interest if the court order specifically directs the department to do so.

(b) Not remove the security interest if not specified to do so in the court order unless the new owner has obtained either a release of interest or a new security agreement or petition the original court that issued the order, or higher court, to have the matter of the secured interest resolved.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-21-071, § 308-93-510, filed 10/18/01, effective 11/18/01
WSR 99-22-059, § 308-93-510, filed 11/1/99, effective 12/2/99. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-510, filed 11/18/83.

Wash. Admin. Code § 308-93-520 Owner deceased.

(1) What titling options are available when a vessel owner is deceased?

(a) The vessel ownership may be released by a personal representative or beneficiary and transferred into the name of a new owner; or

(b) The surviving owner may transfer into their name if joint tenancy was indicated on the certificate of ownership; or

(c) The surviving owner, heir, or personal representative may transfer ownership into their name if proper documentation is provided as in subsection (4) of this section; or

(d) The vessel can be titled into the name of the estate of the deceased.

(2) How can a vessel be titled in the name of the estate of the deceased? The signature of a personal representative as described in RCW 11.02.005(1) is required to release interest for the deceased owner. The vessel may then be titled and registered in the name of the estate of the deceased pending final settlement of the estate. A certificate of county clerk or a copy of the court order appointing or confirming the personal representative must be attached to the application for certificate of ownership.

(3) How will the name of the estate be shown on the certificate of ownership? The name will be shown as "estate of (deceased name)."

(4) What documentation is required to remove the name of the deceased from the certificate of ownership or registration? In addition to any other documents or releases required by law or rule you will need:

(a) If the estate is administered:

(i) Letters of testamentary; or

(ii) Letter of administration; or

(iii) Certificate of county clerk.

(b) If there are joint tenants with rights of survivorship:

Copy of death certificate.

(i) Copy of the death certificate; and

(ii) A copy of the community property agreement.

(d) If the estate was not administered:

(i) Copy of the death certificate; and

(ii) Affidavit of inheritance; or

(iii) Affidavit of succession.

(5) If the vessel was last registered in another jurisdiction and the owner is deceased, what documents do I need when applying for a Washington certificate of ownership in my name? The requirements are the same as those provided in subsections (1) through (4) of this section. Equivalent documentation issued by the foreign jurisdiction may be acceptable.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 02-05-059, § 308-93-520, filed 2/15/02, effective 3/18/02
WSR 99-07-041, § 308-93-520, filed 3/15/99, effective 4/15/99. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-520, filed 11/18/83.

Wash. Admin. Code § 308-93-530 Owner incompetent—Release of interest.

Who is eligible to release interest on a vessel ownership document if the owner is declared incompetent?

The release of interest may be signed by either:

(1) The court appointed guardian, if one has been appointed by the court, may release interest in a vessel owned by an individual who has been declared incompetent.

(2) Durable power of attorney as provided in Title 11 RCW. A copy of the court order or the durable power of attorney appointing the guardian must accompany the release of interest.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 02-05-059, § 308-93-530, filed 2/15/02, effective 3/18/02
WSR 99-07-041, § 308-93-530, filed 3/15/99, effective 4/15/99. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-530, filed 11/18/83.

Wash. Admin. Code § 308-93-540 Owner bankrupt—Release of interest.

Who has the authority to release interest in a vessel when an owner has been declared bankrupt?

A trustee appointed by the court has the authority to release interest on a vessel for the owner who has been declared bankrupt. The release of interest must be accompanied by a copy of the court order appointing the trustee.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 02-05-059, § 308-93-540, filed 2/15/02, effective 3/18/02
WSR 99-07-041, § 308-93-540, filed 3/15/99, effective 4/15/99. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-540, filed 11/18/83.

Wash. Admin. Code § 308-93-640 Reciprocity.

Is my foreign registration valid in Washington? Current foreign registration will be recognized for a period of sixty days to the extent a similar reciprocity is granted for vessels registered in the state of Washington. However, on or before the sixty-first day of use in this state, the owner of a foreign vessel must obtain a two-month vessel identification document issued by the department, its agents or subagents in accordance with WAC 308-93-055 if the state of principal use is not changing to Washington and the vessel owner wishes to keep the vessel located on Washington waters.

History

Statutory Authority: RCW 88.02.070 and 88.02.100. WSR 01-08-021, § 308-93-640, filed 3/27/01, effective 4/27/01
WSR 98-16-029, § 308-93-640, filed 7/29/98, effective 7/30/98
WSR 84-19-026 (Order TL-RG 8), § 308-93-640, filed 9/13/84. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. WSR 83-23-076 (Order 736-DOL), § 308-93-640, filed 11/18/83.

Wash. Admin. Code § 308-93-650 Title purpose only.

Can I obtain a certificate of ownership for my vessel without securing a vessel registration number and decal? Yes, you may obtain a certificate of ownership for a vessel without securing a registration number and vessel decal.

History

Statutory Authority: RCW 88.02.100. WSR 00-09-065, § 308-93-650, filed 4/18/00, effective 5/19/00. Statutory Authority: 1985 c 258. WSR 85-23-066 (Order TL-RG-19), § 308-93-650, filed 11/19/85. Statutory Authority: RCW 88.02.100 and 88.02.070. WSR 84-11-060 (Order TL/RG-1), § 308-93-650, filed 5/18/84.

Wash. Admin. Code § 308-93-700 Indian tribe vessels.

What is the purpose of WAC 308-93-700 through 308-93-770? WAC 308-93-700 through 308-93-770 are adopted to implement the Consent Decree entered in United States v. Washington, Civ. No. 9213 - Phase I - Sub. 88-1 entered on November 28, 1994, and signed by the United States, the signatory tribes, and the state of Washington. These rules do not repeat all of the sections of the Consent Decree and are not intended to include all of the requirements and provisions of the Consent Decree. However, the tribes and the state have agreed to an intergovernmental cooperative registration procedure. In the event of conflicting provisions, interpretations, or applications between these rules and the Consent Decree, resolution shall give precedence to the Consent Decree.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-058, § 308-93-700, filed 2/15/02, effective 3/18/02. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. WSR 96-16-038, § 308-93-700, filed 8/1/96, effective 9/1/96.

Wash. Admin. Code § 308-93-710 Definitions.

The following terms used in WAC 308-93-700 through 308-93-770 have the meaning given to them in this section unless the context clearly indicates otherwise:

(1) "Indian tribe" and "tribal" means the Indian tribes which are signatory to the Consent Decree entered in United State v. Washington, Civ. No. 9213 - Phase I - Sub. 88-1 entered on November 28, 1994, including: Lower Elwha S'Klallam Tribe, Hoh Tribe, Jamestown S'Klallam Tribe, Lummi Nation, Makah Tribe, Muckleshoot Tribe, Nisqually Tribe, Nooksack Tribe, Port Gamble S'Klallam Tribe, Puyallup Tribe, Quileute Tribe, Quinault Indian Nation, Sauk-Suiattle Tribe, Skokomish Tribe, Squaxin Island Tribe, Stillaquamish Tribe, Suquamish Tribe, Swinomish Indian Tribal Community, Tulalip Tribes, Upper Skagit Tribe, and Yakama Nation.

(2) "Tribal member(s)" means those persons duly enrolled in the Indian tribes identified in subsection (1) of this section.

(3) The terms "vessels" or "boats" are synonymous and mean watercraft used in connection with the exercise of federally secured fishing rights.

(4) All other terms have the same meaning as used in chapter 88.02 RCW and chapter 308-93 WAC.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-058, § 308-93-710, filed 2/15/02, effective 3/18/02. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. WSR 96-16-038, § 308-93-710, filed 8/1/96, effective 9/1/96.

Wash. Admin. Code § 308-93-720 Indian tribe exempt vessels.

(1) What is an Indian tribe exempt vessel under the Consent Decree entered in United States v. Washington, Civ. No. 9213 - Phase I - Sub. 88-1 entered on November 28, 1994? State ad valorem property (personal property) and watercraft excise taxes will not be imposed upon any vessel owned by a tribal member(s) and used in connection with the exercise of federally secured fishing rights, so long as the member's tribe imposes a treaty, fishing rights-related tax. The taxes also will not apply to tribally owned boats used in connection with or in activities related to the exercise of tribal fishing rights, including but not limited to, management, regulation or enforcement thereof.

(2) Are state registration numbering and fee requirements applied to vessels recognized under Consent Decree entered in United States v. Washington, Civ. No. 9213 - Phase I - Sub. 88-1 entered on November 28, 1994? State registration, numbering, and fee requirements otherwise applicable to a nontreaty vessel, will not be applied to any tribally owned vessel or vessel owned by a tribal member(s) which is used in the exercise of treaty fishing rights and is tribally registered.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-058, § 308-93-720, filed 2/15/02, effective 3/18/02. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. WSR 96-16-038, § 308-93-720, filed 8/1/96, effective 9/1/96.

Wash. Admin. Code § 308-93-730 Indian tribe vessel numbering system.

(1) What are the specifications for an Indian tribe vessel registration number? A tribal vessel number conforming to the specifications of 33 C.F.R. sections 173.27 and 174.23 and a certificate of number conforming to 33 C.F.R. section 174.19, must be assigned, and a "decal" must be issued for each Indian tribe and tribal member vessel and displayed thereon. Upon agreement of the Coast Guard and Indian tribes, different specification may be established for treaty fishing vessels.

(2) How are Indian tribe vessel registration numbers dispersed? Each tribe is entitled to a block of numbers with a unique tribal suffix. Each tribe may select a unique, three-letter suffix for its state or tribally produced vessel number, unless otherwise agreed upon by the Coast Guard. The vessel numbers must be of the same size and placed in the same location as specified for those vessels registered under chapter 88.02 RCW. The department will not issue a plaque, sticker, or other form of number to affix to a numbered vessel.

(3) Are Indian tribe vessel registration number decals unique to the tribe? The decal may be unique to each tribe, as long as the decal conforms to the Coast Guard specifications regarding size and color. A tribe may choose to use decals provided by the department.

(4) When will the department supply the Indian tribe with a list of vessel numbers and decals? By June 1st of each year, the department will provide each Indian tribe a list of vessel numbers, and state decals if the Indian tribe so requests, in the quantity, and with any particular three-letter suffix specified by the Indian tribe. Such quantity must be sufficient to enable each Indian tribe to issue a vessel number to each of its tribal fishers for the vessels they use in the treaty fishery. The department has thirty days to provide an Indian tribe the list of vessel numbers and decals after the Indian tribe has advised the department of its number and decal requirement.

(5) What happens if the department fails to provide a list of vessel numbers requested by an Indian tribe in the time frame outlined in subsection (4) of this section? Failure by the department to provide a list of vessel numbers requested by an Indian tribe in the time frames outlined in this section will not prohibit the Indian tribe or tribal fishermen from lawfully fishing under the treaty fishing right, and will be a complete defense in any action by the state to enforce its tax or vessel registration laws until the state complies with the terms of this section.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-058, § 308-93-730, filed 2/15/02, effective 3/18/02. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. WSR 96-16-038, § 308-93-730, filed 8/1/96, effective 9/1/96.

Wash. Admin. Code § 308-93-740 Indian tribe vessel registration.

What registration conditions must be met to satisfy the state and the Coast Guard? Tribal and tribal member vessels will be deemed by the state and the Coast Guard to be properly registered provided the following conditions are met:

(1) The tribal member has provided information listed in subsection (3) of this section to the Indian tribe of which they are a member, on forms satisfactory to the tribe and the state; and

(2) The tribe to which the individual member belongs has approved registration of the vessel and has notified the department, using forms satisfactory to the tribe and the state which contain information listed in subsection (3) of this section;

(3) Information required on the form for registration of a tribal vessel:

(a) Name and address of the owner, including zip code;

(b) State in which vessel is or will be principally used;

(d) Whether the application is for a new registration, renewal, or transfer of ownership;

(e) Whether the vessel is used for pleasure, rent or lease, dealer or manufacturer demonstration, commercial passenger carrying, commercial fishing, or other commercial use;

(f) Make of vessel;

(g) Year vessel was manufactured or model year;

(h) Manufacturer's or department assigned hull identification number, if any;

(i) Overall length of vessel;

(j) Type of vessel, i.e., open, cabin, house, or other;

(k) Hull building material, i.e., wood, steel, aluminum, fiberglass, plastic, or other;

(l) The propulsion, i.e., inboard, outboard, inboard-outdrive, sail, or other;

(m) The fuel, i.e., gasoline, diesel, or other;

(n) The signature of the owner;

(4) The registering tribe may issue a vessel number from the list obtained from the department, upon tribal approval of a member's registration application. The registration:

(a) Will be valid for a term of one year;

(b) Will be effective immediately; and

(c) Will remain in effect until suspended or revoked by the tribe in accordance with the procedure set forth in WAC 308-93-750, or for any other reason the tribe determines appropriate.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-058, § 308-93-740, filed 2/15/02, effective 3/18/02. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. WSR 96-16-038, § 308-93-740, filed 8/1/96, effective 9/1/96.

Wash. Admin. Code § 308-93-750 Improper Indian tribe registration.

(1) May the department either object to or seek revocation of tribal issuance of a registration contained in the tribal vessel registration maintained with the department? Yes. The department may object to and seek revocation of tribal issuance of a registration contained in the tribal vessel registration program maintained with the department only if it is determined that:

(a) Inaccurate or false information has been submitted; or

(b) Information required pursuant to WAC 308-93-740(3) is omitted; or

(2) Is the department required to notify the tribe that the registration appears to be improper? Yes, the department must notify the tribe that the registration appears to be improper. The department's objection must be made either in person or by certified mail, return receipt requested. Within thirty days of receipt of the notice, the tribe must provide the information requested, take the requested action, clarify any misunderstanding, or inform the department that the tribe does not intend to take the action requested or provide the requested information.

(3) Does the department have the right to request revocation of a tribally issued registration and number? Yes, the department may request a tribally issued registration and number be revoked at any time should it be determined that the information originally submitted was false or inaccurate, the vessel is stolen or not owned by the registrant. The registrant and tribe must be given a reasonable opportunity to correct inaccurate information.

(4) Is the revocation of a tribal vessel registration request effective immediately? No, nor will any tribe be required to revoke, the registration, number, or vessel decal issued by the tribe to the tribal member until all dispute resolution procedures have been exhausted. If the state establishes the registration is improper, the tribe must revoke the registration number and decal.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-058, § 308-93-750, filed 2/15/02, effective 3/18/02. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. WSR 96-16-038, § 308-93-750, filed 8/1/96, effective 9/1/96.

Wash. Admin. Code § 308-93-760 Indian tribe vessel computer database.

(1) When must the tribe notify the department of a vessel registration? Each tribe must forward the proper forms and documentation to the department within five working days after approval of the registration. The mailing address is:

Department of Licensing

Title and Registration Services

Post Office Box 9909

Olympia, Washington 98507-9909

The department will store the registration data in a computer system, with twenty-four-hour availability, and have procedures that will limit access to civil or criminal law enforcement entities seeking information for law enforcement purposes.

(2) Shall the tribe notify the department if they find information that is not correct or is incomplete on a tribal vessel registration? Yes, if a tribe becomes aware that information regarding a vessel authorized by that tribe to participate in the treaty fishery, and contained in the department vessel identification system, or the vessel identification system of another tribe, may be erroneous or incomplete and should be corrected, the tribe will promptly notify the department or the tribe which operates the identification system. The notice to the department and the other tribe must state the reasons why it is believed the system information is incorrect or incomplete. The notifying tribe must also identify the correct or additional information the tribe believes should be entered into the system. The department will respond promptly to each notice regarding inaccurate or incomplete information, explaining what, if any, changes or corrections have been made.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-058, § 308-93-760, filed 2/15/02, effective 3/18/02. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. WSR 96-16-038, § 308-93-760, filed 8/1/96, effective 9/1/96.

Wash. Admin. Code § 308-93-770 Disclosure of Indian tribal vessel data.

(1) Who has access to tribal vessel data? Indian tribes and tribal member vessel registration data will be stored in the department's computer system, which has twenty-four-hour availability. The department has procedures limiting access to civil or criminal law enforcement entities seeking information for law enforcement purposes. Unless ordered by a court of competent jurisdiction, no access by business persons or other private individual will be permitted unless the treaty fisher or tribe has authorized such release of information in writing. Release of information may be made to other persons or groups when specifically authorized in writing by all persons identified in the information to be released.

(2) How is access to tribal vessel information obtained? Access to Indian tribe vessel information must be available via a modem, or other suitable electronic format, to all state, tribal, federal, and foreign law enforcement agencies. Information available by computer will not be considered in the possession or control of any other entity. Online access is authorized between and among all parties' vessel registration information systems to permit state, tribal, and federal enforcement personnel to directly obtain vessel registration information from the various governments' vessel information systems, regarding treaty and nontreaty vessels. No altering of another party's information will be made without that party's consent.

(3) The state shall defend against any private entity's attempt to establish a legal right to obtain tribal registration data. The department must notify the affected tribe of any such private party's claim at the time the claim is made, and must keep the tribe informed as to the status of the matter.

History

Statutory Authority: RCW 88.02.100. WSR 02-05-058, § 308-93-770, filed 2/15/02, effective 3/18/02. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. WSR 96-16-038, § 308-93-770, filed 8/1/96, effective 9/1/96.

Chapter 308-94 Snowmobiles.

Wash. Admin. Code § 308-94-030 Snowmobile registration application—Registration year.

(1) How do I register my snowmobile? To register your snowmobile you must submit the following:

(a) An application for original or transfer registration. The application must include:

(i) The name and address of each registered owner; and

(ii) The make, vehicle identification number, model year, and method of propulsion of the snowmobile; and

(iii) The purchase price and year of purchase or declared value and year of declaration; and

(b) A copy of any of the following:

(i) Previously issued registration certificate;

(ii) Certificate of ownership from another state or country;

(iii) Manufacturer's certificate of origin;

(iv) A bill of sale or purchase agreement;

(v) Other department approved ownership documents; and

(2) How are security interests recorded? Please contact the Uniform Commercial Code section for specific instructions/application or visit them on the website and key "security interest" in the DOL search tool. Security interests are registered with the Uniform Commercial Code section of the department, and will not be recorded on the snowmobile registration.

(3) What is the registration period for snowmobiles? The registration period for snowmobiles is October 1 through September 30 of the following year. Registration fees are not prorated.

History

Statutory Authority: RCW 46.01.110. WSR 06-21-023, § 308-94-030, filed 10/9/06, effective 11/9/06
WSR 01-11-070, § 308-94-030, filed 5/14/01, effective 6/14/01
WSR 98-08-070, § 308-94-030, filed 3/30/98, effective 4/30/98. Statutory Authority: RCW 46.01.110, 88.02.100, 46.10.040, 46.12.030, 46.16.040, 88.02.050 and 88.02.070. WSR 96-04-004, § 308-94-030, filed 1/25/96, effective 2/25/96
WSR 95-13-058, § 308-94-030, filed 6/19/95, effective 7/20/95. Statutory Authority: RCW 46.01.110. WSR 92-15-021, § 308-94-030, filed 7/6/92, effective 8/6/92
WSR 87-03-041 (Order TL/RG 29), § 308-94-030, filed 1/16/87
Order 111 MV, § 308-94-030, filed 10/5/71.

Wash. Admin. Code § 308-94-050 Snowmobile registration, decals and validating tab—Display.

(1) Where do I carry the snowmobile registration certificate? A snowmobile registration certificate must be:

(a) Carried in the snowmobile for which it was issued; or

(b) Carried on the person of the snowmobile operator; and

(2) How are snowmobile decals/tabs displayed?

(a) Decals showing the registration numbers must be affixed to the right and left side of the snowmobile directly below the windshield on the hood cowling and located so that snow, passenger, driver or load will not obscure them.

(b) The month tabs must be located no more than two inches to the left of the first digit of the decal showing the registration number. Validating year tab must be located no more than two inches from the last digit of the decals showing the registration number on the left side.

History

Statutory Authority: RCW 46.01.110. WSR 02-11-019, § 308-94-050, filed 5/6/02, effective 6/6/02
WSR 01-11-070, § 308-94-050, filed 5/14/01, effective 6/14/01
WSR 98-08-070, § 308-94-050, filed 3/30/98, effective 4/30/98
WSR 87-03-041 (Order TL/RG 29), § 308-94-050, filed 1/16/87
Order 111 MV, § 308-94-050, filed 10/5/71.

Wash. Admin. Code § 308-94-080 Nonresident temporary snowmobile permit.

What information is required to obtain a nonresident temporary snowmobile permit?

(1) An application for a nonresident temporary permit shall include:

(a) Name and address of the applicant;

(b) Plate or registration number and expiration date, if registered in another jurisdiction;

(2) Applicable fees.

History

Statutory Authority: RCW 46.01.110. WSR 01-11-070, § 308-94-080, filed 5/14/01, effective 6/14/01
WSR 98-08-070, § 308-94-080, filed 3/30/98, effective 4/30/98
WSR 92-15-021, § 308-94-080, filed 7/6/92, effective 8/6/92
WSR 87-03-041 (Order TL/RG 29), § 308-94-080, filed 1/16/87
Order 111 MV, § 308-94-080, filed 10/5/71.

Wash. Admin. Code § 308-94-100 Snowmobile dealer license, license plates, costs, rented snowmobiles.

(1) How long is a snowmobile dealer license valid? Snowmobile dealer licenses are valid for one year from the date of issue.

(2) Are there restrictions for the use of the snowmobile dealer license plate? Yes.

(a) Dealers may not test or demonstrate a snowmobile without either a valid Washington snowmobile registration or a valid snowmobile dealer license plate.

(b) Snowmobile dealer license plates may be used only for testing or demonstrating a snowmobile and must be displayed on the snowmobile so that snow, passenger, driver or load will not obscure the license plate.

(3) What are the fees for a snowmobile dealer license? A snowmobile dealer shall pay three dollars and fifty cents plus the fifty cent reflectorization fee for each dealer plate ordered from the department.

History

Statutory Authority: RCW 46.01.110. WSR 01-11-070, § 308-94-100, filed 5/14/01, effective 6/14/01
WSR 98-08-070, § 308-94-100, filed 3/30/98, effective 4/30/98
WSR 87-03-041 (Order TL/RG 29), § 308-94-100, filed 1/16/87
Order 111 MV, § 308-94-100, filed 10/5/71.

Wash. Admin. Code § 308-94-105 Delivery of snowmobile on dealer temporary permit.

What are the requirements for Washington-licensed snowmobile dealers when purchasing and issuing dealer temporary permits? Washington-licensed snowmobile dealers must follow the same requirements as provided in WAC 308-56A-420 and 308-56A-425.

History

Statutory Authority: RCW 46.01.110. WSR 11-18-047, § 308-94-105, filed 8/31/11, effective 10/1/11
WSR 05-01-090, § 308-94-105, filed 12/13/04, effective 1/13/05
WSR 01-11-070, § 308-94-105, filed 5/14/01, effective 6/14/01.

Chapter 308-94A Off-road and nonhighway vehicles.

Wash. Admin. Code § 308-94A-005 Certificates of title and registration.

(1) Is a certificate of title issued for off-road, nonhighway vehicles, and wheeled all-terrain vehicles? Yes, a certificate of title is issued using the same laws, rules, and procedures for other classes of vehicles. The certificate of title will indicate the comment "not eligible for road use" if a vehicle is not manufactured for road use or "modified for on-road use" if an off-road motorcycle as defined in chapter 46.04 RCW has been modified for use on highways and roads.

(2) What are the licensing options for off-road and nonhighway vehicles described in RCW 46.04.365? If your vehicle:

(a) Is licensed for road use under chapter 46.16A RCW:

(i) Your license plates will be valid for off-road use, but you may need an ORV license in designated areas;

(ii) You may purchase an annual or temporary off-road use permit.

(b) Is not manufactured for road use, you may only purchase an annual or temporary off-road use permit;

(c) Is an off-road motorcycle as defined in chapter 46.04 RCW, you can license it for road use by complying with chapter 46.61 RCW and filing a motorcycle highway use declaration with the department.

(3) What is an ORV use permit?

(a) The temporary ORV use permit authorized under RCW 46.09.430 is:

(i) Valid for sixty days from the date of application;

(ii) Available to nonresidents and Washington residents who choose not to annually license their ORV; and

(iii) Not transferable to another vehicle.

(b) The annual ORV registration authorized under RCW 46.09.410 is:

(i) Valid for one year from the date of application;

(ii) Available to Washington residents and nonresidents when the ORV is primarily used in Washington state; and

(iii) Not transferable to another vehicle.

(4) What do I do with the annual or temporary off-road permit? The permit must be carried on the vehicle and made available to any law enforcement officer on request.

(5) May I operate my off-road/nonhighway vehicle using a temporary or annual vehicle use permit on any dirt, gravel road, or trail in Washington? No. Check with local, state, or federal authorities in the areas you intend to operate the vehicle.

(6) What are the licensing options for wheeled all-terrain vehicles described in RCW 46.09.310?

(a) In accordance with RCW 46.09.442, you must minimally register your vehicle for off-road use by purchasing:

(i) A metal tag; and

(ii) An off-road tab.

(b) If your vehicle has been modified for on-road use and you are electing to use it on a public roadway, you must:

(i) Submit the wheeled all-terrain vehicle (WATV) road use declaration; and

(ii) Purchase an off-road and on-road tab.

(c) You may elect to revert to off-road use only at any subsequent registration period. Adding on-road use will not require the resubmission of a WATV road use declaration.

| Note: | Modifying the vehicle does not require the purchase of an on-road tab. | | --- | --- |

(7) Do I need to retitle my wheeled all-terrain vehicle after I have modified it for on-road use? No, that is a registration activity only.

History

Statutory Authority: RCW 46.01.110. WSR 22-19-062, § 308-94A-005, filed 9/16/22, effective 10/17/22
WSR 11-21-068, § 308-94A-005, filed 10/17/11, effective 11/17/11. Statutory Authority: RCW 46.16.110. WSR 06-21-024, § 308-94A-005, filed 10/9/06, effective 11/9/06. Statutory Authority: RCW 46.01.110. WSR 01-13-008, § 308-94A-005, filed 6/8/01, effective 7/9/01
WSR 99-24-013, § 308-94A-005, filed 11/22/99, effective 12/23/99.

Wash. Admin. Code § 308-94A-010 Annual off-road/nonhighway vehicle use permit (registration) period.

(1) How long is an off-road/nonhighway vehicle use permit (registration) valid? The registration year of the off-road/nonhighway use permit (registration) begins the day it is issued and expires the same day of the following year.

(2) Under what circumstances will the registration expiration date be changed? The expiration date of the off-road use permit will change when:

(a) It has been expired for more than one year;

(b) The registration is expired at the time ownership is transferred and the new owner renews the registration;

(c) The registered owner requests a change of registration expiration month. This can only be done at the time of renewal and requires the registered owner to purchase more than twelve months of registration, limited to the vehicle field system constraints and tab availability; or

(d) The vehicle has subsequently been registered, but no certificate of ownership has been issued, in another jurisdiction and:

(i) No change in ownership has occurred; and

(ii) The off-road/nonhighway vehicle is being registered again in Washington; and

(iii) The previous Washington registration has expired.

(3) Can I get a refund for the unused portion of my off-road/nonhighway use permit (registration)? No, there is no refund for the unused portion.

History

Statutory Authority: RCW 46.01.110. WSR 01-13-008, § 308-94A-010, filed 6/8/01, effective 7/9/01
WSR 99-24-013, § 308-94A-010, filed 11/22/99, effective 12/23/99.

Wash. Admin. Code § 308-94A-015 Off-road/nonhighway vehicle use permit (registration) not required—When.

When are off-road/nonhighway vehicle(s) not required to be registered? Vehicles exempted in RCW 46.09.050 and 46.09.020 are not required to obtain off-road/nonhighway vehicle use permit (registration).

History

Statutory Authority: RCW 46.01.110. WSR 01-13-008, § 308-94A-015, filed 6/8/01, effective 7/9/01
WSR 99-24-013, § 308-94A-015, filed 11/22/99, effective 12/23/99.

Wash. Admin. Code § 308-94A-020 Display of off-road/nonhighway vehicle use permit decals and validation tabs.

(1) How do I display the off-road/nonhighway vehicle use permit number and validation tabs on my vehicle? Display off-road/nonhighway use permit number and validation tabs by:

(a) Affixing the decals provided by the department to the right and left side or on the rear of the off-road vehicle. The decals must be visible at all times; or

(b) Painting the vehicle use permit number in a manner that is readily legible and visible at all times. The characters must be at least one-inch high with a minimum of one-eighth inch stroke and in a color contrasting with the background; and

(d) Affixing the validation month tab issued by the department no more than two inches in front of the beginning of the annual use permit decal number; and

(e) Affixing the validation year tab no more than two inches following the last digit in the annual use permit decal number.

(2) Is a license plate required if my off-road/nonhighway vehicle is registered for dual use? Yes, the license plate must be displayed in the same manner as required for highway use.

History

Statutory Authority: RCW 46.01.110. WSR 01-13-008, § 308-94A-020, filed 6/8/01, effective 7/9/01
WSR 99-24-013, § 308-94A-020, filed 11/22/99, effective 12/23/99.

Wash. Admin. Code § 308-94A-025 Temporary off-road/nonhighway vehicle use permit application.

What information does the department require when I apply for a temporary off-road/nonhighway vehicle use permit? An application for a temporary off-road/nonhighway vehicle use permit must include the following:

(1) Name and address of the applicant;

(2) Off-road or nonhighway vehicle plate or registration number if registered in another state;

(3) Make and year of vehicle;

(4) Expiration date of the foreign state registration;

(5) Vehicle identification number;

(6) Appropriate fees; and

(7) Signature of registered owner(s).

History

Statutory Authority: RCW 46.01.110. WSR 01-13-008, § 308-94A-025, filed 6/8/01, effective 7/9/01
WSR 99-24-013, § 308-94A-025, filed 11/22/99, effective 12/23/99.

Wash. Admin. Code § 308-94A-030 Off-road vehicle dealer plate—Cost.

What is the cost of an off-road vehicle dealer's plate? An off-road vehicle dealer must pay three dollars and fifty cents, plus the reflectorization fee of fifty cents for each dealer plate ordered from the department.

History

Statutory Authority: RCW 46.01.110. WSR 01-13-008, § 308-94A-030, filed 6/8/01, effective 7/9/01
WSR 99-24-013, § 308-94A-030, filed 11/22/99, effective 12/23/99.

Wash. Admin. Code § 308-94A-035 Delivery of off-road vehicle on dealer temporary license plate.

What are the requirements for Washington licensed off-road vehicle dealers when purchasing and issuing dealer temporary license plates? Washington licensed off-road vehicle dealers must follow the same requirements as provided in WAC 308-56A-420 and 308-56A-425, with the exception that the off-road vehicle dealer must apply for title in the purchaser's name within 15 days following the sale as defined in RCW 46.09.330.

History

Statutory Authority: RCW 46.01.110 and 46.12.600. WSR 23-16-052, § 308-94A-035, filed 7/26/23, effective 8/26/23. Statutory Authority: RCW 46.01.110. WSR 11-18-047, § 308-94A-035, filed 8/31/11, effective 10/1/11.

Chapter 308-96A Vehicle licenses.

Wash. Admin. Code § 308-96A-005 Terminology—Definitions.

Terms used in chapter 46.16A RCW and this chapter will have the following meanings except where otherwise defined, and where the context clearly indicates the contrary:

(1) "Application" means a form provided or approved by the department to apply for different types of services and documents.

(2) "Cab and chassis" is an incomplete vehicle manufactured and sold with only a cab, frame and running gear. (WAC 308-96A-145.)

(3) "Certificate of license registration" means a document issued by the department and required by RCW 46.16A.180 to be carried in the vehicle to operate legally on the roadways of Washington and described in RCW 46.12.540.

(4) "Chattel lien" is a process by which a person may sell or take ownership of a vehicle when:

(a) They provide services or materials for a vehicle at the request of the registered owner; and

(b) The person who provided the services and/or materials has not been compensated.

(5) "Confidential" and "undercover" license plates have the same meaning as provided in RCW 46.04.142.

(6) "Current year" means the current registration year unless otherwise stated. (WAC 308-96A-260.)

(7) "Exception reports" means the main source of communication between jurisdictions and the department of licensing as computer reports that must be used by the jurisdiction to correct errors they have submitted to the department. Reports are received by all participating jurisdictions, whether processing vehicle violations manually or electronically.

(8) "Expiration day and month."

(a) "Date of expiration" or "expiration date" means the day of the month on which the vehicle registration, gross weight license, decal or tabs expire.

(b) "Month of expiration" or "expiration month" means the calendar month during which a registration period ends. (WAC 308-96A-260.)

(9) "Fleet" means a group of vehicles registered in the same owner name and which have been assigned the same fleet identifier code by the department.

(10) "Gross weight," "declared gross weight," and "tonnage" mean gross weight defined in RCW 46.16A.455, 46.16A.425, 46.04.140 and chapter 46.44 RCW.

(11) "Identification card" means the identification card referred to in RCW 46.19.010 for disabled parking privileges and is used for identification of persons with disabilities.

(12) "Indian country" means all lands, notwithstanding the issuance of any patent, within the exterior boundaries set aside by the United States for the use and occupancy of Indian tribes by treaty, law or executive order and which are areas currently recognized as "Indian country" by the United States Department of the Interior as referenced in 18 U.S.C. 1151 and C.F.R. 25.

(13) "Indian tribe" means a Washington Indian nation, tribe, band, or community recognized as an "Indian tribe" by the United States Department of the Interior.

(14) "Indian" means a person on the tribal rolls of the Washington Indian tribe occupying Indian country.

(15) "Individual with disabilities parking placard expiration date" means the last day of the month as specified on the department placard.

(16) "Jurisdiction" as used in the vehicle violation system means any district, municipal, justice, superior court, Washington state department of transportation, or authorized representative of one of these entities.

(17) "Jurisdiction seal" means an embossed seal or stamp provided by the jurisdiction to authenticate documents provided by jurisdictions.

(18) "Landlord's lien" for rent is a process by which a landlord may sell or take ownership of a tenant's vehicle as security for rent due.

(19) "License or licensing" and "register or registering" are synonymous and mean the act of registering a vehicle under chapter 46.16A RCW.

(20) "License fee" means the fees required for the act of licensing a vehicle under chapter 46.17 RCW. License fee does not include license plate fees identified as taxes, and fees collected by the department for other jurisdictions.

(21) "Licensed physician" for the purpose of individual with disabilities parking privileges, means: Chiropractic physicians, naturopaths, medical doctors, osteopathic physicians, podiatric physicians, and advanced registered nurse practitioners. Licensed physician does not include persons licensed in the professions of dentistry and optometry. (RCW 46.19.010.)

(22) "Municipality" in reference to parking tickets, means every court having jurisdiction over offenses committed under RCW 46.20.270.

(23) "NCIC number" means the numeric code assigned by the National Crime Information Center to identify a jurisdiction.

(24) "One hundred twenty-day notice" in reference to vehicle violations means a notice of vehicle violations that must be satisfied prior to the registration renewal date. (RCW 46.16A.120.)

(25) "Vehicle violation disposition" means the requested action as determined by the jurisdiction to add failure-to-pay vehicle violations, or to remove paid vehicle violations from a vehicle record. (RCW 46.16A.120.)

(26) "Vehicle violation" means any standing, stopping, toll nonpayment civil penalty, automated traffic safety camera infractions, or vehicle violation per RCW 46.20.270(3).

(27) "Vehicle violation list" means a computerized list containing all outstanding vehicle violations, which have been processed by the department. (RCW 46.16A.120.)

(28) "Permanent" in reference to individual with disabilities parking privileges, means a licensed physician has certified that a qualifying condition is expected to last at least five years. (RCW 46.19.010. WAC 308-96A-306.)

(29) "Permanent fleet" means a group of fifty or more vehicles registered in the same owner(s) name and which have been assigned the same fleet identifier code by the department and has an expiration date of December 31st of each year. (WAC 308-96A-161.)

(30) "Permit" in reference to individual with disabilities parking privileges means the proof provided by the department in the form of placard(s), special license plate(s) and an identification card indicating eligibility for individual with disabilities parking privileges. (RCW 46.19.010.)

(31) "Personal use vehicle" in reference to disabled veteran's, prisoners of war and congressional medal of honor plates, means vehicles not used for commercial purpose including: Passenger vehicles, motor homes, motorcycles, and trucks with designated gross vehicle weight not exceeding twelve thousand pounds. Registration ownership must be in the name of the individual and not in the business name. (WAC 308-96A-046.)

(32) "Placard" is an item issued to individuals who qualify for special individual with disabilities parking privileges under RCW 46.19.010 and are entitled to receive from the department of licensing in the form of a removable windshield placard bearing the international symbol of access and individual serial number.

(33) "Private carriers" means those entities contracting with public transportation authorities to transport persons with disabilities described in RCW 46.19.010.

(34) "Privilege" in reference to individual with disabilities parking privileges means permission to utilize the benefits associated with the permit. (RCW 46.19.010, 46.61.582 and chapter 70.84 RCW (July 1, 2011, version). WAC 308-96A-306.)

(35) "Public transportation authorities" means those entities operating motor vehicles owned or leased by Washington state, or a town, city, county, municipality, or metropolitan or municipal corporation within the state, or United States government agencies or Indian nations used for the primary purpose of transporting persons with disabilities described in RCW 46.19.010.

(36) "Regular fleet" means a group of five or more vehicles registered in the same owner(s) name and which have been assigned the same fleet identifier code by the department and has an expiration date of December 31st of each year. (WAC 308-96A-161.)

(37) "Salvage title" means a certificate of title issued by another jurisdiction designating a motor vehicle as a "salvage vehicle."

(38) "Self-storage facilities lien" is a process by which the owner of a self-storage facility may sell a vehicle stored at the facility as security for rent or other charges due.

(39) "Signature" means any memorandum, mark, sign or subscriptions made with intent to authenticate an application. (RCW 9A.04.110(23).)

(40) "Unprocessed" as used in vehicle violation system means an update of the computer record has not occurred.

(41) "Use classes" means those vehicles described in WAC 308-96A-099.

(42) "Vehicle database record" means the electronic record stored on the department's motor vehicle database reflecting vehicle and ownership information.

(43) "Vehicle/vessel report of sale" means a document or electronic record transaction that when properly filed protects the seller of a vehicle/vessel from certain criminal and civil liabilities arising from use of the vehicle/vessel by another person after the vehicle/vessel has been sold or a change in ownership has occurred.

History

Statutory Authority: RCW 46.01.110. WSR 11-17-111, § 308-96A-005, filed 8/23/11, effective 9/23/11. Statutory Authority: RCW 46.16.010. WSR 06-21-027, § 308-96A-005, filed 10/9/06, effective 11/9/06. Statutory Authority: RCW 46.16.381. WSR 04-14-077, § 308-96A-005, filed 7/6/04, effective 8/6/04. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.17.276. WSR 02-17-024, § 308-96A-005, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490, and 46.16.276. WSR 01-17-017, § 308-96A-005, filed 8/3/01, effective 9/3/01. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.17.276. WSR 00-09-008, § 308-96A-005, filed 4/6/00, effective 5/7/00. Statutory Authority: RCW 46.01.110. WSR 97-10-003, § 308-96A-005, filed 4/24/97, effective 5/25/97. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. WSR 94-17-044, § 308-96A-005, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110. WSR 93-14-083, § 308-96A-005, filed 6/30/93, effective 7/31/93
WSR 92-15-025, § 308-96A-005, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-005, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.01.110 and 46.16.335. WSR 91-15-006, § 308-96A-005, filed 7/8/91, effective 8/8/91. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. WSR 87-12-023 (Order TL/RG-34), § 308-96A-005, filed 5/28/87. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-005, filed 5/5/86
Order MV-355, § 308-96A-005, filed 5/10/76
Order MV-328, § 308-96A-005, filed 7/24/75.

Wash. Admin. Code § 308-96A-015 Replacement certificate of registration—Documents required.

(1) How do I obtain a replacement certificate of registration?

You obtain a replacement certificate of registration by applying, either in person or by mail, at a Washington vehicle licensing office and paying appropriate fees.

(2) When do I need to replace my certificate of registration?

You need to replace your certificate of registration if it is lost, stolen, destroyed, or mutilated.

(3) Who can apply for a replacement certificate of registration?

The registered owner must apply for a replacement certificate of registration. If there is more than one registered owner, one of the registered owners need apply for a replacement certificate of registration.

(4) What documentation do I need to apply for a replacement certificate of registration?

You need an affidavit of loss or letter of request describing the vehicle by Washington license plate or vehicle identification number. The affidavit of loss or letter of request must be signed by at least one of the registered owners. Identification will be required. The registered owner's signature must be either notarized by a notary public or certified by a Washington vehicle license agent or subagent.

(5) Where do I get an affidavit of loss?

An affidavit of loss/release of interest form may be obtained at a vehicle licensing office, by mail or by accessing the department's website at www.wa.gov/dol.

History

Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490, and 46.16.276. WSR 01-17-017, § 308-96A-015, filed 8/3/01, effective 9/3/01
WSR 98-19-075, § 308-96A-015, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-015, filed 5/5/86
Order MV-328, § 308-96A-015, filed 7/24/75.

Wash. Admin. Code § 308-96A-021 Replacement plates—Requirements.

(1) How do I obtain replacement plate(s) for my current Washington plate(s)?

You obtain replacement plate(s) by applying to a Washington vehicle licensing office in person or by mail.

(2) When do I need to replace my plate(s)?

You need to replace your plate(s) if:

(a) Your plate(s) are lost, destroyed, or mutilated. For an additional fee, you may replace them with the same number and letter combination as long as the plate meets a current approved license plate configuration and background; or

(b) Your plate(s) are stolen. You may not request the same number and letter combination (see the note at the end of this section); or

(c) The primary use of your vehicle has changed requiring new plate(s) designated for the new use of the vehicle. Example: A passenger car used to transport commodities, merchandise, produce, freight or animals for commercial purposes may be licensed as a commercial use truck; or

(d) You took ownership of a vehicle, unless you met one of the exemptions in RCW 46.16A.200, or the vehicle is registered as a title purpose only or has one of the following nonstandard plates on it at the time of transfer:

(i) Horseless carriage plates;

(ii) Collector vehicle plates; or

(iii) Restored plates.

(3) Who can apply for replacement plate(s)?

One of the registered owners or the owner's authorized representative may apply for replacement plate(s).

(4) What documentation do I need to apply for replacement plate(s)?

(a) If your plate(s) are lost, stolen (see note at end of this section), destroyed, or mutilated, you need to submit an affidavit of loss or letter of request describing the vehicle by Washington license plate or vehicle identification number. The affidavit of loss or letter of request must be signed by at least one of the registered owners. The registered owner's signature must be either notarized by a notary public or certified by an authorized employee of a Washington vehicle licensing office. A replacement plate fee will be charged. For an additional fee, the same number and letter combination may be requested as long as the plate meets a current approved license plate configuration and background.

(b) If the primary use of your vehicle has changed requiring new plate(s) designated for the new use of the vehicle, the department will replace the plate(s) without the affidavit of loss or letter of request. A new plate fee will be charged.

(5) What if the department issued incorrect plate(s) for my vehicle?

When incorrect plate(s) have been issued due to departmental error, the department will replace the plate(s) without the affidavit of loss or letter of request. No replacement plate fee will be charged in this case.

(6) If I replace special license plate(s) on a currently registered vehicle, will I receive the same license plate number and letter combination? Yes, for an additional fee, if you are replacing license plates on a currently registered vehicle, your license plates will be replaced with the same number and letter combination as shown on the vehicle computer record as long as the plate meets a current approved license plate configuration and background.

| Note: | If the license plate has been reported as stolen or if the department record indicates the vehicle has been stolen, the same number and letter combination will not be issued. | | --- | --- |

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-021, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.16.276. WSR 04-08-079, § 308-96A-021, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 46.01.110. WSR 03-05-080, § 308-96A-021, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490 and 46.16.276. WSR 98-19-075, § 308-96A-021, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. WSR 87-12-023 (Order TL/RG-34), § 308-96A-021, filed 5/28/87.

Wash. Admin. Code § 308-96A-026 Vehicle transit permit.

(1) What is a vehicle transit permit?

A vehicle transit permit is a document that authorizes an individual to operate a vehicle on a public highway of this state solely for the purpose of obtaining necessary documentation to complete an application for a Washington certificate of title or registration. Use of the vehicle is restricted to the reason(s) indicated on the permit.

(2) How may a vehicle transit permit be used?

A vehicle transit permit may be used to obtain:

(a) A Washington state patrol inspection;

(b) A scale weight slip;

(d) Any other purpose that the department deems necessary.

(3) Where do I obtain a vehicle transit permit?

You may obtain a vehicle transit permit from Washington vehicle licensing offices.

(4) How long is the vehicle transit permit valid?

The permit is valid only for the days shown on the permit and may not exceed two days. The two days do not need to be consecutive.

(5) What information is required to issue the vehicle transit permit?

(a) Description of the vehicle for which the permit is issued, which may include make, model, model year, and vehicle identification number;

(b) Name and address of person obtaining the permit;

(d) The date or dates on which the permit is valid, for a maximum of two days;

(e) Applicant's signature; and

(f) Signature of vehicle licensing agent or issuing authority.

(6) How much does a vehicle transit permit cost?

There is a five dollar service fee to issue a vehicle transit permit.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-026, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110. WSR 05-13-118, § 308-96A-026, filed 6/20/05, effective 7/21/05. Statutory Authority: RCW 46.01.110, 46.16.125, 46.16.225, 46.16.276, 46.16.060, 46.16.600, 43.17.060. WSR 04-08-002, § 308-96A-026, filed 3/24/04, effective 4/24/04. Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490, and 46.16.276. WSR 01-17-017, § 308-96A-026, filed 8/3/01, effective 9/3/01
WSR 98-19-075, § 308-96A-026, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.01.110. WSR 92-15-025, § 308-96A-026, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.16.276. WSR 86-23-045 (Order TL/RG 28), § 308-96A-026, filed 11/18/86.

Wash. Admin. Code § 308-96A-046 Qualified veteran's free license.

(1) Who qualifies for the free licensing, authorized by RCW 73.04.110 and 46.16.305?

(a) Disabled American veterans and former prisoners of war, as defined in RCW 73.04.110;

(b) A veteran awarded the Congressional Medal of Honor as defined in RCW 46.16.305; and

(c) Surviving spouses of a deceased former prisoner of war as defined in RCW 73.04.115, who is named as a registered owner, including lessees, may register and receive regular or special license plates for one personal use vehicle. The personal use vehicle is exempt from the annual license tab fee as defined in RCW 46.16.0621. Other taxes and fees may apply.

(2) What vehicles are considered personal use vehicles? For purposes of this section, "personal use vehicle" means passenger vehicles in reference to disabled veteran's, prisoners of war and congressional medal of honor plates, means vehicles not used for commercial purposes including: Passenger vehicles, motor homes, motorcycles, and trucks with designated gross vehicle weight not exceeding twelve thousand pounds. Registration ownership must be in the name of the individual and not in the business name.

(3) Will I be subject to other taxes and fees? Yes, other taxes and fees may apply depending on the type of license plate requested and where you live.

(4) What must be provided to qualify for a veteran's free license? If the applicant is:

(a) A disabled American veteran, must provide a letter of eligibility from the Federal or Washington state veteran's administration or the branch of military service from which the veteran was discharged confirming disability under RCW 73.04.110 with the license plate application.

(b) A former prisoner of war or a veteran awarded the Congressional Medal of Honor must provide a confirmation of eligibility from the Federal or Washington state veteran's administration or the branch of military service from which the veteran was discharged.

(c) The surviving spouse of a deceased former prisoner of war may be issued a regular or special prisoner of war license plate even if the deceased had not been issued a plate under RCW 73.04.115 even if the deceased had not been issued a plate under RCW 73.04.110. In addition to confirming eligibility, the surviving spouse must furnish the following:

(i) A copy of the death certificate of the deceased former prisoner of war; and

(ii) An affidavit that the applicant is not currently married.

(5) May I transfer my veteran license plate to another qualifying vehicle? Yes, you may transfer your veteran license plates by notifying the department and paying the appropriate transfer fees in effect.

(6) If I choose to keep the vehicle from which the veteran license plate was removed, do I need to register it? Yes, if you choose to continue to use the vehicle on the highway, the vehicle must be registered under chapter 46.16 RCW.

(7) How do I dispose of the veteran license plate if I no longer qualify? The veteran license plate must be disposed of as required by WAC 308-96A-098.

History

Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070, 46.16.276. WSR 02-16-071, § 308-96A-046, filed 8/6/02, effective 9/6/02. Statutory Authority: RCW 46.01.110, 46.16.276 and 43.17.060. WSR 00-01-151, § 308-96A-046, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.01.110. WSR 97-07-013, § 308-96A-046, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-046, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.01.110 and 46.12.070. WSR 91-04-025, § 308-96A-046, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110 and 46.16.276, 1987 c 98 § 1 and RCW 73.04.110 as amended by 1987 c 98 § 2. WSR 88-01-010 (Order TL/RG 39), § 308-96A-046, filed 12/7/87. Statutory Authority: RCW 46.01.110. WSR 85-15-059 (Order TL-RG-14), § 308-96A-046, filed 7/17/85. Statutory Authority: RCW 46.01.110 and 46.16.600. WSR 84-21-130 (Order TL/RG-9), § 308-96A-046, filed 10/24/84. Formerly WAC 308-96A-045.

Wash. Admin. Code § 308-96A-047 Cooper Jones/Share the Road license plate emblems affixed to license plates.

(1) Where do I order the Cooper Jones/Share the Road license plate emblem? You order them from the Washington state department of printing's general store located at www.prt.wa.gov or by mail to Department of Printing, P.O. Box 798, Olympia, WA 98507-0798.

(2) Who may purchase the emblems? Anyone may purchase as many emblems as they choose.

(3) Is there a fee for the plate emblems? A fee will be charged for each set of emblems described under RCW 46.16.333.

(4) Are there vehicles that may not bear the Cooper Jones/Share the Road emblems? Yes, those vehicles excluded under chapter 46.87 RCW, nonmotorized, and one-plated vehicles.

(5) How shall I affix my Cooper Jones/Share the Road license plate emblem to my license plate? In addition to requirements and limitations in RCW 46.16.327, the "share the road" portion of the emblem set shall be displayed between the bottom license plate bolt holes of the front or rear license plate.

(6) Do I have to affix my Cooper Jones/Share the Road emblem to a license plate? No. There are no restrictions regarding placement of the emblem other than the license plate, or except where the law stipulates you may not obstruct the driver's view.

History

Statutory Authority: RCW 46.01.110. WSR 03-05-080, § 308-96A-047, filed 2/19/03, effective 3/22/03.

Wash. Admin. Code § 308-96A-048 Distribution of the first twenty-five sequential special license plates.

(1) What is required for obtaining the distribution of the first twenty-five sequential plates of each special license plate series?

(a) The organizational sponsor liaison that signed the original special license plate series application (or their successor) may submit a list of registered owners and vehicle information to be recipients of up to the first twenty-five special license plates issued. Only vehicles required to display two license plates may be considered. The list must be submitted to the vehicle services special plate manager at least one month before the release date of the initial plate series. Plates will be issued in sequential order in the order specified on the list.

(b) If fewer than twenty-five names are provided on the list, the remainder of those plates will be made available to other applicants in sequential order.

(c) All applicable fees and taxes, as well as any required documentation, are due and must be submitted for each individual vehicle when the plates are issued.

(2) Where and when are the plates distributed? The license plates will only be distributed from the Olympia headquarters vehicle licensing office and only on the first release date of the new special license plate series.

(3) Who may pick up the plates? The registered owner or a person authorized by the registered owner may take delivery of the special license plates.

(4) Are there restrictions on issuing the special plates? Yes, the first twenty-five special plates will only be issued to Washington valid licensed vehicles requiring two license plates.

History

Statutory Authority: RCW 46.01.110. WSR 05-01-001, § 308-96A-048, filed 12/1/04, effective 1/3/05.

Wash. Admin. Code § 308-96A-050 Nonresident members of the armed forces—Plates displayed.

(1) What license plates must be displayed on a vehicle registered to a nonresident military person assigned to duty in Washington? Nonresident military personnel assigned to duty in Washington may display on their vehicle either:

(a) License plates issued from their official home of record (state of bona fide residence); or

(b) License plates issued from a foreign jurisdiction other than their official home of record until such time as that license registration is expired; or

After expiration of registration from a jurisdiction other than Washington you may maintain your registration in your home of record or obtain a Washington registration.

(2) How long may I drive in Washington using my USA or European USA Registration (EUSAR) registration and license plates after the vehicle returns to the United States from a foreign country? Military personnel are to reregister their vehicle within thirty days of return to the United States.

History

Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070, 46.16.276. WSR 02-16-071, § 308-96A-050, filed 8/6/02, effective 9/6/02. Statutory Authority: RCW 46.01.110, 46.16.276 and 43.17.060. WSR 00-01-151, § 308-96A-050, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-050, filed 5/5/86
Order MV-355, § 308-96A-050, filed 5/10/76
Order MV-328, § 308-96A-050, filed 7/24/75.

Wash. Admin. Code § 308-96A-056 Pearl Harbor survivor license plates.

(1) Who is eligible to receive Pearl Harbor survivor license plates? Pearl Harbor survivor license plates may be issued to qualified applicants as authorized in RCW 46.18.270.

(2) What documentation does a Pearl Harbor survivor or surviving spouse need to submit to obtain Pearl Harbor survivor license plates?

(a) The Pearl Harbor survivor association certification required by RCW 46.18.270 (1)(e).

(b) Surviving spouses must also submit a copy of the death certificate and an affidavit that the spouse is not remarried.

(3) May the spouse of a deceased Pearl Harbor survivor keep the Pearl Harbor survivor license plates? Yes. To keep the Pearl Harbor survivor license plates, the surviving spouse must provide a copy of the Pearl Harbor survivor's death certificate and an affidavit that the spouse is not remarried in addition to the requirements of RCW 46.18.270(4).

(4) If I replace my Pearl Harbor survivor license plate, will I receive the same license plate number and letter combination? Yes. Upon request, you will receive replacement Pearl Harbor survivor license plates with the same number and letter combination as shown on the vehicle computer record.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-056, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070, 46.16.276. WSR 02-16-071, § 308-96A-056, filed 8/6/02, effective 9/6/02. Statutory Authority: RCW 46.01.110, 46.16.276 and 43.17.060. WSR 00-01-151, § 308-96A-056, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.01.110. WSR 97-07-013, § 308-96A-056, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110 and 46.12.070. WSR 91-04-025, § 308-96A-056, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.100, 46.16.276 and 1987 c 44. WSR 88-01-010 (Order TL/RG 39), § 308-96A-056, filed 12/7/87.

Wash. Admin. Code § 308-96A-057 Purple Heart license plates.

(1) Under what authority does the department issue Purple Heart license plates? RCW 46.18.280 authorizes the department to issue Purple Heart license plates.

(2) Who may receive Purple Heart license plates? Any Washington resident who:

(a) Has been awarded a Purple Heart medal by any branch of the United States Armed Forces, including the Merchant Marines and the Women's Air Forces Service Pilots or spouse if the recipient is deceased;

(b) Was wounded or is the spouse of a person who was wounded during one of this nation's wars or conflicts identified in RCW 41.04.005; and

(d) The spouse of a deceased recipient of a Purple Heart medal.

(3) What documentation does a Purple Heart recipient or spouse of a deceased recipient need to submit to obtain Purple Heart license plates? Purple Heart recipients or spouse of a deceased recipient applying for these license plates must submit:

(a) An application for Purple Heart license plates; and

(b) A copy of the armed forces document showing the recipient was awarded the Purple Heart medal.

(c) The surviving spouse of a deceased Purple Heart medal recipient may be issued a special Purple Heart license plate. In addition to confirm eligibility, the surviving spouse must submit the following:

(i) A copy of the death certificate of the deceased Purple Heart medal recipient; and

(ii) An affidavit that the applicant is not currently married.

(4) May the spouse of a deceased Purple Heart recipient keep the Purple Heart license plates? Yes. To keep the Purple Heart license plates the surviving spouse must provide:

(a) A copy of the Purple Heart recipient's death certificate; and

(b) An affidavit that the spouse has not remarried; and

(c) If the surviving spouse remarries, the Purple Heart special license plate is invalid and must be removed from the vehicle.

(5) If I replace my Purple Heart license plate, will I receive the same license plate number and letter combination? Yes. If the vehicle owner requests and pays the fees in RCW 46.16A.200, the Purple Heart license plates will be replaced with the same number and letter combination as shown on the vehicle computer record.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-057, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110, 46.12.270, and 46.16.276. WSR 07-21-119, § 308-96A-057, filed 10/23/07, effective 11/23/07. Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070, 46.16.276. WSR 02-16-071, § 308-96A-057, filed 8/6/02, effective 9/6/02. Statutory Authority: RCW 46.01.110, 46.16.276 and 43.17.060. WSR 00-01-151, § 308-96A-057, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.01.110. WSR 97-07-013, § 308-96A-057, filed 3/11/97, effective 4/11/97
WSR 93-14-083, § 308-96A-057, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.01.110 and 46.16.335. WSR 91-15-006, § 308-96A-057, filed 7/8/91, effective 8/8/91.

Wash. Admin. Code § 308-96A-064 Transfer or loss/destruction of foreign organization special license plates.

(1) Are foreign organization special license plates transferable? Yes, they are transferable to another motor vehicle owned or leased by the representative of the foreign organization; however, the special license plates may not be transferred to anyone else.

(2) How are foreign organization special license plates transferred to another vehicle? Submit a request to the department to transfer the plates to another vehicle and pay a transfer fee as provided in RCW 46.17.200 in addition to all other applicable fees and taxes.

(3) How are foreign organization special license plates replaced if they become lost, destroyed, mutilated, or stolen? The representative of the foreign organization must submit a request to the department for replacement license plates and pay a replacement plate fee as provided in RCW 46.17.200 in addition to all other applicable fees and taxes.

(4) If I replace my foreign organization special license plates, will I receive the same license plate number and letter combination? Yes. Upon request, you will receive replacement foreign organization special license plates with the same number and letter combination as shown on the vehicle computer record.

(5) What do I do with the foreign organization special license plates if I sell or otherwise dispose of the vehicle? The plates must be removed and either transferred to another vehicle owned or leased by the plate holder of the foreign organization or immediately forwarded to the department.

(6) How are foreign organization special license plates disposed of? The plates must be removed by the representative of the foreign organization and immediately forwarded to the department.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-064, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.17.276. WSR 02-17-024, § 308-96A-064, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 46.01.110 and 46.16.276. WSR 99-22-058, § 308-96A-064, filed 11/1/99, effective 12/2/99. Statutory Authority: RCW 46.01.110 and 1996 c 139. WSR 96-21-044, § 308-96A-064, filed 10/11/96, effective 11/11/96.

Wash. Admin. Code § 308-96A-065 Personalized license plates.

(1) What is a personalized license plate? Personalized license plates are plates reflecting the registered owner's chosen format or designation and are limited to those described in RCW 46.04.385 and 46.18.275.

(2) Are there any restrictions on the use of letters and numbers on personalized license plates? Personalized license plates may be issued with one to seven characters. Motorcycles and motorcycle trailers can have up to six characters. The letters "I" and "O" and the numbers "1" (one) and "0" (zero) may not be issued as single-digit plates.

(3) When may the department deny an application for or cancel personalized plates?

(a) The department may deny an application for personalized license plates or cancel personalized license plates previously issued if it determines the plate configuration to be:

(i) Offensive and indecent;

(ii) Misleading;

(iii) Vulgar, profane, or sexually suggestive;

(iv) Disparaging or discriminatory toward a demographic or identity group;

(v) Related to intoxicating substances or illegal activities;

(vi) Derogatory;

(vii) Slanderous;

(viii) A duplication of license plate or decal numbers provided in chapter 46.09, 46.10 or 46.16A RCW;

(ix) The personalized message appears to replicate the standard configuration for a special license plate; or

(x) Contrary to the department's mission to promote highway safety.

(b) If the personalized license plates are canceled due to one or more reasons specified in this subsection, the vehicle owner may:

(i) Apply for a refund for the fee paid under RCW 46.17.210 and 46.68.435 for such license plates; or

(ii) Instead of a refund, apply for and upon approval be issued personalized license plates with a different configuration without payment of additional personalized license plate fees.

(i) Not renewed by the owner within 45 days of the vehicle expiration; or

(ii) Removed from a vehicle and not transferred to a replacement vehicle within 30 days; or

(iii) Transferred to a new owner who does not make proper application for the plates within 25 days.

(4) What special plates cannot be personalized?

(a) Medal of honor;

(b) Horseless carriage;

(d) Collector vehicle;

(e) Ham and Mars license plates;

(f) Former prisoner of war;

(g) Pearl Harbor survivor;

(h) Disabled veteran;

(i) Exempt license plates.

(5) If my registration for personalized license plates has elapsed, how do I get them reinstated or reissued?

(a) If you are an owner of a personalized license plate and do not renew it within 45 days, you must reapply and pay the original personalized license plate fee in order to reinstate the plate.

(b) If you purchase a vehicle with a personalized plate and do not transfer the ownership of the personalized plate within 25 days, you forfeit ownership of the plate. The department will make that personalized plate available to the first applicant for that plate configuration.

(c) If you are the owner of a personalized license plate who does not transfer the plate as described in (b) of this subsection, you must reapply and pay the original personalized license plate fee in order to reinstate the plate.

(6) Can I transfer my personalized license plate? Yes, if you are the owner(s) of a vehicle with personalized license plates and sell, trade, or otherwise transfer ownership of the vehicle, you may transfer the plates to another vehicle within 30 days; (the personalized license plates may be transferred at any vehicle licensing office or through a vehicle dealer if the owner wishes to transfer a plate to a dealer-purchased vehicle) or transfer the plates to a new owner. If the plates are transferred to a new owner, the current owner must provide the new owner with a notarized or certified release of interest for the plates. The new owner must make application to the department within 25 days, including payment of the original personalized license plate fee.

(7) How do I dispose of my personalized vehicle license plates?

(a) You may turn the plates in to the department with a notarized release of interest from the owner(s) relinquishing the right to that personalized license plate configuration; or

(b) If your vehicle has personalized license plates and is sold to a wrecker or you accept a total loss claim from your insurance company and you choose not to retain the salvage, you must either transfer the plates to another vehicle within 30 days or turn the plates in to the department with a notarized release of interest from all registered owner(s) relinquishing the right to that personalized license plate.

History

Statutory Authority: RCW 46.01.110, 46.16A.220, and 46.18.275. WSR 26-02-068, s 308-96A-065, filed 1/6/26, effective 2/6/26. Statutory Authority: RCW 46.01.110, 46.18.020. WSR 16-02-032, § 308-96A-065, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-065, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110. WSR 07-20-110, § 308-96A-065, filed 10/3/07, effective 11/3/07. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. WSR 01-10-069, § 308-96A-065, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. WSR 98-09-024, § 308-96A-065, filed 4/8/98, effective 5/9/98
WSR 91-15-006, § 308-96A-065, filed 7/8/91, effective 8/8/91. Statutory Authority: RCW 46.16.276 and 46.16.600. WSR 88-12-043 (Order TL/RG 41), § 308-96A-065, filed 5/27/88. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. WSR 87-12-023 (Order TL/RG-34), § 308-96A-065, filed 5/28/87. Statutory Authority: RCW 46.01.110 and 46.16.600. WSR 84-21-130 (Order TL/RG-9), § 308-96A-065, filed 10/24/84
Order MV-328, § 308-96A-065, filed 7/24/75.

Wash. Admin. Code § 308-96A-070 Amateur radio operator special license plates.

(1) Who may apply for amateur radio operator vehicle special license plate(s)? Any person having a valid amateur radio operator's license may apply to the department for license plates bearing the official amateur radio call letters assigned by the Federal Communications Commission (FCC). These plates are in lieu of regular issue license plates. The department will issue only one set of plates at any one time carrying these call letters.

(2) What documents are required to receive an amateur radio operator vehicle special license plate? In addition to all other license fees required by law, the amateur radio operator must attach a copy of the current FCC license to the application. The operator must notify the department when the FCC license is canceled or expires and whether or not the operator has renewed the license. If the license has been renewed, the operator must send a copy of the new FCC license to the department.

(3) How will the amateur radio operator license plates be displayed? The amateur radio operator license plates must be displayed on a motor vehicle owned by the amateur radio operator unless the plates were issued and assigned to a vehicle prior to January 1, 1991. Prior to the January 1, 1991, date, the amateur radio operator license plates are allowed to be installed on any motor vehicle qualified under RCW 46.18.205.

(4) Are there any special fees required to obtain the amateur radio operator license plates? In addition to all other license fees required by law, each applicant for amateur radio operator license plates must pay an additional license plate fee of five dollars for the plate and applicable fees as stated in RCW 46.17.200 any time the plates are transferred to another vehicle.

(5) When are the amateur radio operator special license plates canceled? The effective date of the plate cancellation is the date the FCC license becomes invalid. Reinstatement of the plates requires the amateur radio operator to reapply for the plates, providing a copy of the valid FCC license and paying the five-dollar fee for a new plate and applicable fees as stated in RCW 46.17.200.

(6) Are there any FCC operator special license plates that will not be issued? Yes, if the call sign has WSP as part of the number letter combination.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-070, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110. WSR 07-20-112, § 308-96A-070, filed 10/3/07, effective 11/3/07. Statutory Authority: RCW 46.01.110 and 46.16.316. WSR 04-18-023, § 308-96A-070, filed 8/24/04, effective 9/24/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. WSR 01-10-069, § 308-96A-070, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. WSR 98-09-024, § 308-96A-070, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110 and 46.12.070. WSR 91-04-025, § 308-96A-070, filed 1/29/91, effective 3/1/91
Order MV-328, § 308-96A-070, filed 7/24/75.

Wash. Admin. Code § 308-96A-071 Military affiliate radio system special license plates.

(1) Who may apply for the military affiliate radio system station special license plates? Any person having a valid military affiliate radio system (MARS) station license may apply to the department for license plates bearing the official MARS call letters assigned by the Department of Defense. These plates are in lieu of regular issue license plates. The department will issue only one set of plates at any one time carrying these call letters and can only be displayed on a motor vehicle registered to the MARS station license holder.

(2) Can a MARS special license plate be issued for my motorcycle? No. Motorcycle license plates accommodate a maximum of six characters. MARS call letters consist of seven characters.

(3) What documents are required to receive MARS special license plates? In addition to all other license fees required by law, an applicant for MARS license plates must attach a copy of the current official MARS station license authorized by the Department of Defense and issued by the United States Army, Air Force, or Navy/Marine Corps. The recipient of these plates must notify the department when the MARS station license has been canceled.

(4) Are there any special fees required to obtain the MARS license plates? In addition to all other license fees required by law, each applicant for MARS license plates must pay an additional license plate fee of five dollars for the plate and applicable fees as stated in RCW 46.17.200 any time the plates are transferred to another vehicle.

(5) When are the MARS license plates canceled? The effective date of a plate cancellation is the date the MARS station license becomes invalid. Reinstatement of the plates requires the MARS station license holder to reapply for the plates, providing a copy of the valid MARS license and paying the five-dollar fee for a new plate and applicable fees as stated in RCW 46.17.200.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-071, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110 and 46.16.316. WSR 04-18-023, § 308-96A-071, filed 8/24/04, effective 9/24/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. WSR 01-10-069, § 308-96A-071, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. WSR 98-09-024, § 308-96A-071, filed 4/8/98, effective 5/9/98
WSR 91-15-006, § 308-96A-071, filed 7/8/91, effective 8/8/91.

Wash. Admin. Code § 308-96A-072 Square dancer license plates.

(1) Who may apply for square dancer license plates? A registered owner of a vehicle may apply to the department and receive, in lieu of regular vehicle license plates, special square dancer license plates bearing a symbol of square dancers.

(2) What vehicles may display square dancer license plates? Square dancer license plates may be issued for vehicles required to display two license plates, except those vehicles licensed under the provisions of chapter 46.87 RCW.

(3) Are special license fees required for square dancer license plates? A special license plate fee of forty dollars, in addition to all other appropriate fees and taxes, is collected for each set of square dancer license plates issued.

(4) How does the department define "current license plate registration"? For the purposes of this section, a current license plate registration is defined as: A registration that has not expired or a registration where it is less than one year past the expiration date.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-072, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.16.276. WSR 04-08-079, § 308-96A-072, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. WSR 01-10-069, § 308-96A-072, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 1997 c 291. WSR 98-01-151, § 308-96A-072, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.01.110. WSR 97-07-013, § 308-96A-072, filed 3/11/97, effective 4/11/97
WSR 93-14-083, § 308-96A-072, filed 6/30/93, effective 7/31/93.

Wash. Admin. Code § 308-96A-073 Antique vehicle—Horseless carriage license plate.

(1) What is a horseless carriage license plate? A horseless carriage license plate is a single license plate issued to a qualified motor vehicle owned by a collector as defined in RCW 46.04.125. It must be displayed on the rear of the vehicle for which it was issued.

(2) What vehicles qualify for a horseless carriage license plate? Any motor vehicle which is:

(a) Manufactured or built before January 1, 1916; and

(b) Capable of being operated upon the highway; and

(d) Operated primarily as a collector vehicle under RCW 46.18.220.

(3) May I transfer my horseless carriage license plate to another antique vehicle? No. Horseless carriage license plates are not transferable to any other motor vehicle.

(4) What additional fees are required to obtain a horseless carriage license plate? In addition to all other license fees required by law, the applicant must pay a fee of $35 for a horseless carriage license plate.

History

Statutory Authority: RCW 46.04.199, 46.16A.070, 46.18.220, and 46.18.255. WSR 25-21-135, s 308-96A-073, filed 10/21/25, effective 11/21/25. Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-073, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.16.305 and 46.01.110. WSR 09-06-030, § 308-96A-073, filed 2/24/09, effective 3/27/09. Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070, 46.16.276. WSR 02-16-071, § 308-96A-073, filed 8/6/02, effective 9/6/02. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. WSR 01-10-069, § 308-96A-073, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. WSR 98-09-024, § 308-96A-073, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110. WSR 97-07-014, § 308-96A-073, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110 and 46.12.070 [ 46.16.335]. WSR 91-04-025, § 308-96A-073, filed 1/29/91, effective 3/1/91.

Wash. Admin. Code § 308-96A-074 Collector vehicle and restored license plates.

(1) What is a collector vehicle license plate? For the purposes of this section, a collector vehicle license plate is a special license plate indicating "Collector Vehicle." The smaller size collector vehicle license plate is available for motorcycles and travel trailers. Collector vehicle owners must conform to the rules under RCW 46.18.220.

(2) What vehicles qualify for a collector vehicle license plate? The vehicle must:

(a) Be at least 30 years old; and

(b) Have valid Washington state registration.

(3) What must be provided to qualify for a collector vehicle license plate? An applicant must:

(a) Provide proof of ownership and a valid registration certificate for a second vehicle that will be used for daily driving, commuting, or business purposes; and

(b) Provide proof of a current vehicle liability insurance policy or a collector vehicle insurance policy for the collector vehicle, with limits of at least the amounts listed under RCW 46.29.090.

(4) What fees are required to obtain a collector vehicle license plate? In addition to all other license fees required by law, the applicant must pay an additional fee of $35.

(5) What is a "restored license plate"? A restored license plate is a Washington state issued license plate designated for general use in the year of the vehicle's manufacture. The restored license plate may not be a specialized license plate. The restored license plate may be used instead of a collector vehicle license plate or horseless carriage license plate. The license plate must be restored to such a condition that it may be identified with the year of the vehicle's manufacture. Reproductions of the original are not acceptable for use as a restored license plate.

(6) How is a restored license plate to be displayed? The owner must display a single plate on the rear of the vehicle. If the vehicle owner has two identical license plates, the second license plate may be displayed on the front of the vehicle.

(7) If I sell my vehicle may I keep my restored license plate? Yes. The restored plate(s) may be reassigned to another qualifying vehicle.

(8) May I replace my restored license plate with another restored license plate? Yes, however, your vehicle record must be updated with the department to reflect the new plate number before it may be displayed on the vehicle.

(9) What fees are required to have a restored license plate assigned to my vehicle? In addition to all other title and license fees required by law, you must pay an additional fee of $35.

(10) Will I be able to apply for a refund of fees if I decide to change my restored use plate to a regular issue plate? No. There is no provision in the law to issue a refund.

(11) May I apply the fees I paid for my restored plate towards the purchase of regular issued plates? No. Full fees must be paid for the new plates.

History

Statutory Authority: RCW 46.04.199, 46.16A.070, 46.18.220, and 46.18.255. WSR 25-21-135, s 308-96A-074, filed 10/21/25, effective 11/21/25. Statutory Authority: RCW 46.01.110 and 46.18.020. WSR 19-16-146, § 308-96A-074, filed 8/7/19, effective 9/7/19. Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-074, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.16.276. WSR 04-08-079, § 308-96A-074, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070. WSR 03-05-082, § 308-96A-074, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070, 46.16.276. WSR 02-16-071, § 308-96A-074, filed 8/6/02, effective 9/6/02. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. WSR 01-10-069, § 308-96A-074, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. WSR 98-09-024, § 308-96A-074, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110. WSR 97-07-014, § 308-96A-074, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 46.01.110 and 46.12.070 [ 46.16.335]. WSR 91-04-025, § 308-96A-074, filed 1/29/91, effective 3/1/91.

Wash. Admin. Code § 308-96A-076 Law enforcement memorial special vehicle license plate series.

(1) When ownership of a vehicle issued a law enforcement memorial license plate(s) changes, what happens to the plate(s)? The special license plate owner may relinquish the plate(s) to the new vehicle owner or remove the plate(s) from the vehicle for transfer to a replacement vehicle. License plate transfer fees apply.

(2) Will any new fees be charged when the law enforcement memorial license plate(s) are transferred? If the registration expiration date for the new vehicle is later than registration expiration date of the previous vehicle, an additional fee for the law enforcement memorial license plate will be charged at the rate of one-twelfth of the annual law enforcement memorial license plate(s) fee for each additional month and partial month beyond the registration expiration date of the previous vehicle. If the new registration expiration date is sooner than the previous registration expiration date, a refund will not be made for the remaining registration period.

(3) May law enforcement memorial license number plates be replaced with the same number if they become lost, defaced, or destroyed? Yes. Upon the loss, defacement, or destruction of one or both plate(s), the owner must make application for new law enforcement memorial or other license plate(s) and pay the fees described in RCW 46.17.200. See subsection (4) of this section.

(4) When replacing law enforcement memorial license plate(s), is same license plate number and letter combination issued? Yes. If the vehicle owner requests and pays the fees in RCW 46.16A.200, the law enforcement memorial license plate(s) will be replaced with the same number and letter combination as shown on the vehicle computer record.

(5) Will my license plates that have been reported stolen be replaced with new license plates with the same number and letter combination? If the license plate(s) have been reported as stolen or if the department record indicates the plate has been stolen, the same number and letter combination will not be issued. This is a law enforcement issue for the protection of the public.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-076, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.16.316. WSR 05-01-003, § 308-96A-076, filed 12/1/04, effective 1/3/05.

Wash. Admin. Code § 308-96A-077 Volunteer firefighter special vehicle license plate series.

(1) Who may apply for the volunteer firefighters license plate(s)? Any person that:

• Meets the requirements and has proven eligibility as per RCW 46.18.210;

• Is not requesting issue for a vehicle registered under chapter 46.87 RCW;

• Has paid all applicable fees and taxes.

The volunteer firefighters special license plate(s) will be issued upon proof of eligibility and receipt of all applicable fees.

(2) What must be provided as proof that the applicant qualifies? The applicant must provide documentation of service from the fire district(s) where they serve or have served.

(3) When is proof required? Upon initial application.

(4) Can the volunteer firefighters special license plate(s) be retained if the applicant is no longer a volunteer firefighter? Yes, if the license plate owner has at least ten years of service, the license plate can be retained and renewed.

(5) If I have less than ten years of service, can I retain the plates if I am no longer a volunteer firefighter? No, They must be surrendered at the next registration renewal date.

(6) Is there a limit to the number of sets of license plates that a volunteer firefighter can have? Yes, there is a maximum of two sets per applicant.

(7) Are there any other circumstances when the volunteer firefighter plates must be surrendered? Yes, if the volunteer firefighter is convicted of a violation of RCW 46.61.502 or a felony. It is the responsibility of the license plate owner to notify the department and surrender the plates. However, if the department is notified of the conviction, the department has authority to cancel the plates under RCW 46.12.550.

(8) When ownership of a vehicle issued volunteer firefighters license plate(s) is transferred, what happens to the plate(s)? The special license plate owner must remove the plate(s) from the vehicle. The plate owner may transfer the special plate(s) to a replacement vehicle by visiting a vehicle licensing office. License plate transfer and other applicable fees apply.

(9) What fees are charged when the volunteer firefighters license plate(s) are transferred to a replacement vehicle? If the registration expiration date for the replacement vehicle is later than the registration expiration date of the current vehicle, an abated fee for the volunteer firefighters license plate will be charged. It is charged at the rate of one-twelfth of the annual volunteer firefighters license plate(s) fee for each month and partial month. If the new registration expiration date is sooner than the previous registration expiration date, a refund will not be made for the remaining registration period.

(10) When replacing volunteer firefighters license plate(s), is the same license plate number and letter combination issued? No, unless the owner chooses to pay an additional fee to keep the same number. If the vehicle owner requests and pays the fees described in RCW 46.16A.200, the volunteer firefighters license plate(s) may be replaced with the same number and letter combination as shown on the vehicle computer record.

(11) Will my license plates that have been reported stolen be replaced with new license plates with the same number and letter combination? If the license plate(s) has been reported as stolen or if the department record indicates the plate has been stolen, the same number and letter combination will not be issued. This is a law enforcement issue for the protection of the public.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-077, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110 and 2011 c 225. WSR 11-24-088, § 308-96A-077, filed 12/7/11, effective 1/7/12.

Wash. Admin. Code § 308-96A-078 Professional firefighters and paramedics special vehicle license plate series.

(1) Who may apply for the professional firefighters and paramedics (PFFP) license plate(s)? Only members of the Washington state council of firefighters who are indicated on the vehicle record as a registered or coregistered owner of a vehicle may apply. The professional firefighters and paramedics license plate(s) will be issued upon proof of eligibility and receipt of all applicable fees.

(2) What must be provided as proof that the applicant is a current member to the Washington state council of firefighters (WSCFF)? A member of the Washington state council of firefighters must provide a current letter from the WSCFF and either a valid Washington state drivers license or identification card, or International Federation of Firefighters identification showing current membership.

(3) When is proof of WSCFF membership required? Upon initial application or vehicle registration renewal.

(4) When ownership of a vehicle issued professional firefighters and paramedics license plate(s) is transferred, what happens to the plate(s)? The special license plate owner must remove the plate(s) from the vehicle. The plate owner may transfer the special plate(s) to a replacement vehicle. License plate transfer fees apply.

(5) Will any new fees be charged when the professional firefighters and paramedics license plate(s) are sold, traded, or otherwise transferred? If the registration expiration date for the new vehicle is later than registration expiration date of the previous vehicle, an abated fee for the professional firefighters and paramedics license plate will be charged at the rate of one-twelfth of the annual professional firefighters and paramedics license plate(s) fee for each succeeding month and partial month. If the new registration expiration date is sooner than the previous registration expiration date, a refund will not be made for the remaining registration period.

(6) When replacing professional firefighters and paramedics license plate(s), is same license plate number and letter combination issued? Yes. If the vehicle owner requests and pays the fees described in RCW 46.16A.200, the professional firefighters and paramedics license plate(s) may be replaced with the same number and letter combination as shown on the vehicle computer record.

(7) Will my license plates that have been reported stolen be replaced with new license plates with the same number and letter combination? If the license plate(s) has been reported as stolen or if the department record indicates the plate has been stolen, the same number and letter combination will not be issued. This is a law enforcement issue and is for the protection of the public.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-078, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.16.316. WSR 05-01-002, § 308-96A-078, filed 12/1/04, effective 1/3/05.

Wash. Admin. Code § 308-96A-079 Helping Kids Speak special vehicle license plate series.

(1) When ownership of a vehicle issued "Helping Kids Speak license plate(s)" is sold, traded, or otherwise transferred, what happens to the plate(s)? The special license plate owner may relinquish the plate(s) to the new vehicle owner or remove the plate(s) from the vehicle for transfer to a replacement vehicle. License plate transfer fees apply.

(2) Will any new fees be charged when the Helping Kids Speak license plate(s) are transferred? If the registration expiration date for the new vehicle is later than registration expiration date of the previous vehicle the fee for the Helping Kids Speak plate will be charged at the rate of one-twelfth of the annual Helping Kids Speak plate(s) fee for each exceeding month and partial month. If the new registration expiration date is sooner than the previous registration expiration date, a refund will not be made for the remaining registration period.

(3) May Helping Kids Speak license number plates be replaced with the same number if they become lost, defaced, or destroyed? Yes. Upon the loss, defacement, or destruction of one or both Helping Kids Speak license plate(s), the owner must make application for new Helping Kids Speak or other license plate(s) and pay the fees described in RCW 46.16A.200. See note following subsection (4) of this section.

(4) When replacing Helping Kids Speak license plate(s), is the same license plate number and letter combination issued? Yes. If the vehicle owner requests and pays the fees described in RCW 46.16A.200, the Helping Kids Speak license plate(s) may be replaced with the same number and letter combination as shown on the vehicle computer record.

| Note: | If the license plate(s) have been reported as stolen or if the department record indicates the plate has been stolen, the same number and letter combination will not be issued. This is a law enforcement issue and is for the protection of the public. | | --- | --- |

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-079, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110 and 46.16.316. WSR 05-01-210, § 308-96A-079, filed 12/21/04, effective 1/21/05.

Wash. Admin. Code § 308-96A-080 Undercover and confidential license plates—Application procedures.

(1) What are undercover and confidential license plates? They are standard issue license plates assigned only to vehicles owned or operated by government agencies as identified in RCW 46.08.066. These vehicles include, but are not limited to, off road vehicles, trailers, and snowmobiles.

(2) When is an undercover or confidential license plate issued? An undercover or confidential license plate is issued to government agencies when being used in confidential, investigative, or undercover work.

(3) When are undercover and confidential license plates used?

(a) These plates are used for official business by government agencies or any state elected official.

(b) For the personal security of any other public officer, or public employee, for use on an unmarked publicly owned or controlled vehicle for the conduct of business for the period of time required.

(4) How are undercover and confidential vehicles registered?

(a) An undercover license plate record will show fictitious names and addresses on all department records subject to public disclosure.

(b) A confidential license plate record will show the government agency name and address on all department records subject to public disclosure.

(5) Who is responsible for verifying that only fictitious names and addresses are used for undercover vehicle registrations? The individual signing the application.

(6) How does a government agency apply for undercover or confidential license plates?

(a) A completed application form approved by the department needs to be signed by the government agency head or designated contact person.

(b) A copy of the current title, registration or other documents approved by the department of licensing that proves the vehicle is owned or operated by the government agency.

History

Statutory Authority: RCW 46.08.066 and 88.02.035. WSR 06-04-026, § 308-96A-080, filed 1/24/06, effective 2/24/06. Statutory Authority: RCW 46.08.066. WSR 02-21-118, § 308-96A-080, filed 10/23/02, effective 11/23/02
WSR 99-16-020, § 308-96A-080, filed 7/26/99, effective 8/26/99
WSR 98-16-002, § 308-96A-080, filed 7/22/98, effective 8/22/98
WSR 85-11-014 (Order TL/RG-12), § 308-96A-080, filed 5/8/85.

Wash. Admin. Code § 308-96A-085 Undercover and confidential license plates—Agency contact.

(1) Who may represent a government agency regarding undercover or confidential license plates? The government agency head may designate a maximum of two designees to represent the agency regarding undercover or confidential license plates. The government agency head must provide the name, signature, title, address, telephone number, and if available, fax number and email address of each designee.

(2) How often does the government agency contact information need to be updated? The government agency contact information shall be updated, in writing, within thirty days of any change in the agency head or designee.

History

Statutory Authority: RCW 46.08.066. WSR 02-21-118, § 308-96A-085, filed 10/23/02, effective 11/23/02
WSR 99-16-020, § 308-96A-085, filed 7/26/99, effective 8/26/99
WSR 98-16-002, § 308-96A-085, filed 7/22/98, effective 8/22/98
WSR 85-11-014 (Order TL/RG-12), § 308-96A-085, filed 5/8/85.

Wash. Admin. Code § 308-96A-090 Undercover or confidential license plates—Vehicle inventory.

(1) How does the department maintain a current inventory listing of vehicles with undercover or confidential license plates?

(a) The department provides an inventory list of vehicles, scheduled to be renewed within the next quarter, to each agency participating in the undercover/confidential vehicle license plate program. Each government agency verifies the accuracy of the information by:

(i) Correcting any erroneous information;

(ii) Deleting vehicles no longer in the program, by marking plainly on the list "deleted" next to the vehicle that needs to be deleted;

(iii) Signing the inventory list certifying that all undercover and confidential license plates shown on the list are being utilized under RCW 46.08.066; and

(iv) Returning the updated inventory list to the department by the date requested. The inventory list may also be returned by sending an email verifying the active plates to the confidential plate program manager.

(b) The department updates the agency inventory based on information submitted by the agencies.

(2) What action may the department take if a government agency fails to return their inventory list? The department may refuse to renew a vehicle(s) shown on the quarterly inventory list until the government agency has complied with the requirements of subsection (1) of this section.

History

Statutory Authority: RCW 46.08.066. WSR 02-21-118, § 308-96A-090, filed 10/23/02, effective 11/23/02
WSR 99-16-020, § 308-96A-090, filed 7/26/99, effective 8/26/99
WSR 98-16-002, § 308-96A-090, filed 7/22/98, effective 8/22/98
WSR 85-11-014 (Order TL/RG-12), § 308-96A-090, filed 5/8/85.

Wash. Admin. Code § 308-96A-095 Undercover or confidential license plates—Cancellation.

(1) Who may cancel undercover or confidential license plates? Undercover or confidential license plates may be canceled one of two ways:

(a) The department may cancel or refuse to renew undercover or confidential license plates when the department has reasonable cause to believe the license plates are being used for purposes other than those authorized in RCW 46.08.066; or

(b) A government agency may request cancellation of their undercover or confidential license plates when the license plates are no longer required.

(2) How does a government agency cancel undercover or confidential license plates? The government agency notifies the department in writing that the undercover or confidential license plates are no longer required, and indicates that the license plates and registration are being returned to the department or are being destroyed.

(3) May the undercover or confidential license plates remain on the vehicle when it is removed from the program? No, the license plates must be removed from the vehicle and returned to the department or destroyed.

History

Statutory Authority: RCW 46.08.066. WSR 02-21-118, § 308-96A-095, filed 10/23/02, effective 11/23/02
WSR 99-16-020, § 308-96A-095, filed 7/26/99, effective 8/26/99
WSR 98-16-002, § 308-96A-095, filed 7/22/98, effective 8/22/98
WSR 85-11-014 (Order TL/RG-12), § 308-96A-095, filed 5/8/85.

Wash. Admin. Code § 308-96A-096 Registration requirements.

(1) What is required when registering a vehicle in Washington?

(a) The name of each registered owner (natural person or business) of the vehicle and, if the vehicle is subject to a lien or other security interest, the name of each secured party;

(b) The registered owner's primary residence street address (a mailing address if different from the residence address can also be given);

(d) When initially registering the vehicle, each registered owner who is a natural person must meet one of the following requirements:

(i) Present an unexpired Washington state driver's license; or

(ii) Certify that he or she is:

(A) A Washington resident who does not operate a motor vehicle on public roads; or

(B) Exempt from the requirement to obtain a Washington state driver's license under RCW 46.20.025; or

(iii) Provide evidence that, in the department's view, satisfactorily demonstrates a valid and compelling reason for not being able to meet this requirement.

(2) For purposes of this section, "present" means:

(a) If registering in person, to bring and display the unexpired Washington state driver's license to the department or its agents and subagents and for each additional registered owner who is a natural person shown on the vehicle record, a photocopy of, or to provide in writing, the license number and expiration date from an unexpired Washington state driver's license.

(b) If registering by mail, to provide in writing the license number and expiration date from an unexpired Washington state driver's license.

(3) For purposes of this section, "valid and compelling" reasons include:

(a) Driving privilege has been withdrawn by the department or a court.

(b) A co-owner is not available. Circumstances to include, but not be limited to, being incarcerated or out-of-state due to work assignment or personal need.

(d) Persons who are divorced and the registered owner awarded the vehicle presents a divorce decree showing the vehicle was awarded to them.

(e) Active military stationed in a foreign country or otherwise not available to provide the information.

(f) Military personnel who are at least sixteen years of age, including a spouse or dependent, who have in their immediate possession a valid driver's license issued by the jurisdiction designated as their home of record.

(g) Other reasons determined by the director or his or her designee to be valid and compelling.

(4) For purposes of this section, a "natural person" may be a resident of this state even though that person has or claims residency in another state or intends to leave this state at some future time. The department will presume a natural person is a resident if he or she meets at least two of the following conditions:

(a) Maintains a residence in this state for personal use;

(b) Has a Washington state driver's license or a Washington state resident hunting or fishing license;

(d) Has previously maintained a residence in this state for personal use and has not established a permanent residence outside the state of Washington (for example, a person who retires and lives in a motor home or vessel which is not permanently attached to any property);

(e) Claims this state as residence for obtaining eligibility to hold a public office or for judicial actions;

(f) Is a custodial parent with a child attending public school in this state;

(g) The department may consider factors other than those listed in this subsection to determine that a person intends to be located in or be a resident of this state. However, the department may not consider those factors alone to presume residency.

(5) A natural person who is a resident of Washington may not form a corporation, trust or other entity in another jurisdiction for the purpose of evading Washington vehicle registration.

History

Statutory Authority: RCW 46.01.110 and 46.16A.220. WSR 14-21-003, § 308-96A-096, filed 10/1/14, effective 11/1/14. Statutory Authority: RCW 46.16.010. WSR 06-17-033, § 308-96A-096, filed 8/8/06, effective 9/8/06
WSR 05-23-135, § 308-96A-096, filed 11/22/05, effective 1/3/06.

Wash. Admin. Code § 308-96A-098 Surrender and disposition of license plates.

(1) What license plates are required to be surrendered? Only license plates authorized under RCW 46.16.301, 46.16.280, 46.16.305, and 46.16.595 and dealer/manufacturer plates are required to be surrendered under chapter 308-66 WAC. Wreckers and scrap processors, hulk haulers must dispose of license plates according to WAC 308-63-070(7) and 308-63-120(4).

(2) Where do I surrender my Washington vehicle license plates? You may surrender your Washington vehicle license plates in the following manner:

(a) Take them to your local vehicle licensing office;

(b) Mail them to the department of licensing in Olympia, Washington.

(3) What do Washington vehicle licensing offices do with surrendered license plates?

(a) License plates surrendered to Washington vehicle licensing offices will be invalidated to make them unusable;

(b) Washington vehicle licensing offices will recycle or otherwise dispose of the invalidated plates that have been surrendered.

(4) If I choose to dispose of the Washington vehicle license plates that are no longer valid, how is this done? Other than license plates indicated in subsection (1) of this section, you may dispose of your invalid Washington vehicle license plates in the following ways:

(a) Remove or invalidate the month and year tabs and bend the plates so they are no longer usable;

(b) Shred the entire license plate; or

(c) After the month and year tab have been removed or invalidated, recycle the license plate in such a way that it cannot be confused with a valid Washington license plate.

(5) How does the department dispose of my surrendered Washington vehicle license plate? Once the department has received the Washington vehicle license plate, it must surrender it to the department of general administration for disposal under RCW 43.19.1919.

History

Statutory Authority: RCW 46.01.110 and 46.01.100. WSR 02-11-079, § 308-96A-098, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 46.01.110, 46.01.100 and 46.16.060. WSR 99-19-026, § 308-96A-098, filed 9/8/99, effective 10/9/99.

Wash. Admin. Code § 308-96A-099 Use class descriptions.

(1) Why does the department assign use classes to vehicles?

The department assigns use classes to:

(a) Charge the proper license fees and taxes for vehicles;

(b) Assign special brands on subsequent owner's certificate of ownership;

(d) Assign the proper license plates, tabs or decals.

(2) Under what authority does the department assign use classes to vehicles?

The department assigns use classes under the authority of RCW 46.16.040.

(3) What use classes does the department assign and when do they apply?

The use classes the department assigns are described below:

| abbreviation | translation | description | | --- | --- | --- | | cab | taxi cab | Motor vehicle used for carrying passengers between two points for compensation for an on-demand trip rather than a scheduled route. A vehicle with this use class may not carry any luggage or commodities that do not belong to a passenger being carried at the same time. In other words, the vehicle cannot just carry cargo between two points. | | c/g | converter gear | Vehicle is an axle that is used to convert a semi-trailer to a full trailer. Converter gear is titled but not licensed. | | cmb | combination | Vehicle is either (1) a power unit with a declared gross weight of 42,000 pounds or more and tows a trailer; or (2) a trailing unit with permanent plates. The trailer may be towed only by a power unit with a CMB, or FCB use class. | | cmp | camper | Is a slide-in pickup camper (not a canopy) as defined in RCW 46.04.085. Even if the owner has chosen to permanently attach the camper to the pickup, the units need to be titled and licensed separately. | | com | commercial | Motor vehicle either (1) a power unit that does not pull a trailer or that pulls a trailer but the declared gross weight for the truck and trailer does not exceed 40,000 pounds; or (2) a trailing unit that is titled in a business name (including the name of a farm). A commercial trailer may be towed by a vehicle with PAS, TRK, COM, CMB, FAR or FCB use classes. If the trailer is being towed by a vehicle with FAR or FCB use class, the use of the trailer (items carried, etc.,) must meet the farm use class requirements. | | cyc | motorcycle | Is a motorcycle, motor driven cycle or scooter. A moped does not qualify to be licensed as a motorcycle as defined in RCW 46.04.330 and 46.04.332. | | ex | exempt | Can be any type of vehicle, which is owned by a city, county or state government agency or federally recognized Indian tribe located in the state of Washington. This includes school buses, which are owned or leased by school districts. If the school district contracts a company to provide total bus service, such as the bus, the driver and the maintenance, and the vehicle is registered in the name of the school district as registered owner, the vehicle qualifies for exempt license plates. | | far | farm | Motor vehicle is a truck (or tractor) used to transport the farmer's own farm, orchard or dairy products as defined in RCW 46.16.090, or aquatic products as defined in RCW 15.85.020, from point of production to market or warehouse. The vehicle may also be used to transport the farmer's own farm supplies. | | fcb | farm combination | Motor vehicle is (1) a power unit (not a trailer) with a declared gross weight of 42,000 pounds or more and towing a trailer; and (2) meets the criteria of FAR use class above. | | fed | federal | Vehicle is owned by the federal government of the United States. Like exempt vehicles, this could be any type of vehicle. This does not include vehicles displaying license plates issued by the federal government. | | fex | farm exempt | Any motor vehicle used exclusively in agricultural pursuits on farms as defined in RCW 46.16.010(3) and 46.04.181. | | fix | fixed load | Motor vehicle as defined in RCW 46.16.070(1). These vehicles have a unique use class because they are exempt from the law requiring vehicles with a scale weight of more than six thousand pounds to have a declared gross weight of at least 150 percent of the scale weight. The basic license fee is based on the declared gross weight for these vehicles and should be equal to the scale weight, or the next higher gross weight increment. If the scale weight exceeds the maximum legal limit for that vehicle, the declared gross weight needs to be equal to or just lower than the legal limit. Fixed load vehicles' maximum legal limit may actually be less than their scale weight. An oversize permit is required in addition to the registration in these cases. | | f/h | for hire | Motor vehicle is used to transport people and/or commodities for compensation as defined in RCW 46.72.010. A for hire permit from business and professions division (BPD) is required. | | h/c | horseless carriage | Motor vehicle 40 years old or older licensed with restricted use as defined in RCW 46.16.307. | | h/d | house dolly | Vehicle constructed and used exclusively to move buildings or homes. | | log | logging | Vehicle is a truck or trailer used exclusively for hauling logs. | | mep | medium speed electric passenger vehicle | Medium speed electric vehicle as defined in RCW 46.04.295. | | met | medium speed electric truck-type vehicle | Medium speed electric vehicle as defined in RCW 46.04.295 and 46.04 653. These vehicles are equipped with a truck-type bed. | | mh | motor home | Motorized vehicle designed for human habitation and defined in RCW 46.04.305 | | mob | mobile home | A mobile or manufactured home as defined in RCW 46.04.302 is titled but generally not registered. This use class does not include park model trailers. | | nep | neighborhood electric passenger vehicle | Neighborhood electric vehicle as defined in RCW 46.04.357. | | net | neighborhood electric truck-type vehicle | Neighborhood electric vehicle as defined in RCW 46.04.357 and 46.04.653. These vehicles are equipped with a truck-type bed. | | orv | off-road vehicle | Vehicle is used off-road as defined in RCW 46.09.020. A vehicle licensed only as an ORV may not be operated on public roadways, including ocean beaches, unless authorized under RCW 46.09.180. | | pas | passenger | Motor vehicle used to transport passengers as defined in RCW 46.04.382. Typically passenger cars, utility or multipurpose vehicles, passenger vans, and private buses are licensed as passenger vehicles. | | ped | moped | Motor vehicle as defined in RCW 46.04.304 and subject to the restrictions in RCW 46.61.710. | | res | restored | Motor vehicles over 30 years old licensed with restricted use as defined in RCW 46.16.307. Vehicles with this use class may display license plates described in WAC 308-96A-074. | | sch | school | Motor vehicle owned and operated by a private school meeting the accreditation requirements of RCW 28A.195.010. The vehicle is used to transport children to and from school or in connection with school activities. | | sno | snowmobile | Vehicle is a snowmobile as defined in RCW 46.10.010(2). | | snx | exempt snowmobile | Vehicle is a snowmobile as defined in RCW 46.10.010(2) and owned by a city, county or state agency. | | sta | stage | Motor vehicle used as an auto stage as defined in RCW 46.04.050. | | tlr | trailer | Vehicle is a personal use trailer as defined in RCW 46.04.620. Trailers used by businesses or others for commercial purposes do not qualify for this use class. | | tow | tow | Motor vehicle as defined in RCW 46.16.079 and 46.55.010(8). If the vehicle carries other vehicles, it does not qualify for the TOW use class and must be licensed as COM. | | trk | truck | Motor vehicle is a personal use truck, with a declared gross weight of twelve thousand pounds or less. Trucks used for business or commercial purposes do not qualify for the TRK use class. | | tvl | travel trailer | Vehicle is a travel trailer as defined in RCW 46.04.623, which includes park models and camp/tent trailers. |

(4) Do all powered three-wheeled vehicles need to be licensed as motorcycles?

Yes, a three-wheeled vehicle needs to be licensed as a motorcycle for street use as defined in RCW 46.04.330 or 46.04.332.

(5) What license plates and use class will be assigned to my for hire vehicle?

The license plates and use class assigned to your for hire vehicle depends upon how you use your vehicle. All for hire vehicles transport passengers and commodities for compensation. For hire vehicles include cabulances, limousines, taxi cabs, and buses hauling passengers for compensation in addition to transporting school children. There are two use classes and license plate combinations assigned to for hire vehicles:

(a) CAB use class vehicles are assigned passenger license plates. These vehicles are used exclusively for transporting passengers and their possessions; and

(b) F/H use class vehicles are assigned truck license plates. These vehicles not only transport passengers for compensation, but also transport commodities, without passengers, for compensation.

(6) When may truck license plates be assigned to my passenger vehicle?

Truck license plates may be assigned to your passenger vehicle whenever the vehicle is used to transport commodities, produce, freight or animals for commercial purposes. The use class would be COM instead of PAS. This would require a title application, a scale weight slip and a certified/notarized statement of use describing how the vehicle will be used commercially.

(7) What use classes and license plates will be assigned to school buses?

(a) EX use class and county exempt license plates will be assigned to a school bus owned or leased by an exempt agency (school district);

(b) SCH use class and passenger license plates will be assigned to a school bus owned or leased by an accredited private school;

(c) F/H use class and truck license plates will be assigned to school buses used for transporting passengers for compensation and not used exclusively for transporting school children to and from school or school related activities;

(d) (PAS) passenger; or

(e) (COM) commercial.

(8) May I license my motorcycle or any other motor vehicle for both road and off road use?

Yes, you may license your motorcycle or any other motor vehicle for both uses as long as the vehicle qualifies for road use. You will receive two registration certificates showing the vehicle is licensed for both uses. However, the certificate of ownership will show the use class associated with the road use.

(9) May I license my truck, truck tractor or tractor as a motor home?

Yes, you may license your truck, truck tractor or tractor as a motor home if:

(a) The vehicle has been permanently altered to meet the definition of a motor home in RCW 46.04.305; and

(b) You certify the vehicle qualifies as M/H and will be used exclusively as a motor home for personal use and not for commercial use.

(10) Is my truck, truck tractor or tractor which I use exclusively for towing my travel trailer licensed differently than any other like truck?

No. Your truck, truck tractor or tractor used exclusively for towing your travel trailer must be licensed in accordance with RCW 46.16.070. Depending on scale weight the use class will be TRK or COM.

History

Statutory Authority: RCW 46.01.110. WSR 10-19-062, § 308-96A-099, filed 9/14/10, effective 10/15/10
WSR 07-22-091, § 308-96A-099, filed 11/6/07, effective 12/7/07
WSR 01-12-099, § 308-96A-099, filed 6/6/01, effective 7/7/01. Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. WSR 99-06-029, § 308-96A-099, filed 2/24/99, effective 3/27/99.

Wash. Admin. Code § 308-96A-101 Scale weight required for licensing.

(1) The department requires vehicle scale weight for:

(a) Vehicles licensed under RCW 46.16.070, 46.16.090, and 46.16.0621;

(b) Trailers;

(d) The vehicle has been structurally modified changing the scale weight.

(2) Determining scale weight:

The department will accept:

(a) The shipping/scale weight as shown on a manufacturer’s statement/certificate of origin, factory invoice, previous title, registration, or supporting documentation issued by another jurisdiction; or

(b) A weight slip from a certified scale; or

(c) Information provided by any nationally recognized electronic source, guidebook or other publication of recognized standing in the vehicle industry; (for example: NADA or Kelly Blue Book); or

(d) Automated Value System (AVS) Value Detail Screen; or

(e) Dealer's declaration of factory shipping weight - Completed vehicles only; or

(f) Other sources approved by the department.

History

Statutory Authority: RCW 46.16.010. WSR 06-21-027, § 308-96A-101, filed 10/9/06, effective 11/9/06. Statutory Authority: RCW 46.01.110, 46.16.276, 46.16.600. WSR 02-11-096, § 308-96A-101, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. WSR 99-06-029, § 308-96A-101, filed 2/24/99, effective 3/27/99.

Wash. Admin. Code § 308-96A-110 Private carrier bus.

When may a vehicle be licensed as a private carrier bus?

A vehicle may be licensed as a private carrier bus as described in RCW 46.04.416 without a license based on gross weight if it carries passengers without compensation and is:

(1) Used by a hotel, resort or lodge to transport guests;

(2) Used by a parking service to transport parking customers to and from a transportation terminal or other destination;

(3) Used by its owner to transport an athletic team, an educational group, members of a religious organization, a show troupe or similar organization;

(4) Used by its owner to transport family, guests or employees;

(5) Used as a school bus by a private school not accredited by the superintendent of public instruction.

History

Statutory Authority: RCW 46.01.110, 46.16.276, 46.16.600. WSR 02-11-096, § 308-96A-110, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. WSR 99-06-029, § 308-96A-110, filed 2/24/99, effective 3/27/99
Order MV-328, § 308-96A-110, filed 7/24/75.

Wash. Admin. Code § 308-96A-135 Fixed load vehicles.

What is a fixed load vehicle?

A fixed load vehicle is specified in RCW 46.16.070 and described in WAC 308-96A-099.

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-96A-135, filed 6/6/01, effective 7/7/01. Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. WSR 99-06-029, § 308-96A-135, filed 2/24/99, effective 3/27/99. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-135, filed 5/5/86
Order MV-328, § 308-96A-135, filed 7/24/75.

Wash. Admin. Code § 308-96A-136 Mopeds—License plates.

(1) Will the department issue a license plate for my moped?

The department will issue a motorcycle series license plate for your moped when you make proper application.

The number on the license plate serves as the moped's registration number as required in RCW 46.16A.405.

(2) How do I display the license plate on my moped?

The license plate must be displayed on the rear of your moped as provided in RCW 46.16A.200.

History

Statutory Authority: RCW 46.01.110 and 46.16A.200. WSR 14-03-044, § 308-96A-136, filed 1/9/14, effective 2/9/14. Statutory Authority: RCW 46.01.110, 46.16.276, 46.16.600. WSR 02-11-096, § 308-96A-136, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. WSR 99-06-029, § 308-96A-136, filed 2/24/99, effective 3/27/99. Statutory Authority: RCW 46.01.110. WSR 97-07-013, § 308-96A-136, filed 3/11/97, effective 4/11/97. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-136, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. WSR 87-12-023 (Order TL/RG-34), § 308-96A-136, filed 5/28/87.

Wash. Admin. Code § 308-96A-138 Electric, hybrid and clean alternative fuel vehicles—Definitions and fees.

(1) The definitions in this section are created for the purposes of assessing licensing fees in section 23, chapter 287, Laws of 2019.

(a) "Clean alternative fuel" means electricity, dimethyl ether, hydrogen, methane, natural gas, liquefied natural gas, compressed natural gas, or propane.

(b) "Electric" means at least one method of propulsion that is capable of being reenergized by an external source of electricity and capable of traveling at least thirty miles using only battery power and can reach a speed of at least thirty-five miles per hour.

(c) "Hybrid" means two or more power sources or fuel types and has the capability to drive at a speed of more than thirty-five miles per hour. This definition excludes vehicles that are considered electric or plug-in hybrid.

(2) Will an electric vehicle be assessed the fee in section 23(1), chapter 287, Laws of 2019 in addition to the fees described in RCW 46.17.323? Yes.

(3) Will an electric vehicle be assessed the fee in section 23(2), chapter 287, Laws of 2019 in addition to the fees described in RCW 46.17.323? No.

(4) Will a hybrid or clean alternative fuel vehicle be assessed the fee in RCW 46.17.323 in addition to the fees described in section 23, chapter 287, Laws of 2019? No. These vehicles are only subject to the electrification fee in section 23(2), chapter 287, Laws of 2019.

History

Statutory Authority: RCW 46.01.110 and 46.16A.220. WSR 19-20-003, § 308-96A-138, filed 9/18/19, effective 10/19/19.

Wash. Admin. Code § 308-96A-139 Neighborhood and medium speed electric vehicles—Requirements.

(1) Do I have to license my neighborhood or medium speed electric vehicle to drive on the road?

Yes, you must license your vehicle to obtain a registration certificate. The registration certificate will indicate that your vehicle is a neighborhood or medium speed electric vehicle.

(2) What fees will I pay to license my neighborhood or medium speed electric vehicle?

You are required to pay all licensing fees for a passenger motor vehicle or truck (if equipped with a bed).

(3) Do I have to complete a form to license my motor vehicle?

Yes, in addition to all other forms required by law or rule, you must complete the Neighborhood/Medium Speed Electric Vehicle Certification form.

(4) If I use my vehicle for commercial purposes, is it licensed differently?

No. Your license will appear the same; however, if you wish to park in loading zones, you must license your motor vehicle with truck plates.

(5) Are there restrictions on where a neighborhood or medium speed electric vehicle can be driven?

Yes. The restrictions can be found in RCW 46.61.723 and 46.61.725.

(6) How do I prove that my motor vehicle qualifies as a neighborhood or medium speed electric vehicle?

New vehicles must have a statement on the manufacturer's statement of origin that indicates the motor vehicle conforms to federal regulations under Title 49 C.F.R. Part 571.500. If it is a used vehicle and the ownership document does not indicate it, the owner can complete the Neighborhood/Medium Speed Electric Vehicle Certification form as proof.

History

Statutory Authority: RCW 46.01.110. WSR 10-19-062, § 308-96A-139, filed 9/14/10, effective 10/15/10.

Wash. Admin. Code § 308-96A-145 Cab and chassis.

(1) What is a cab and chassis?

A cab and chassis is an incomplete truck shipped from the manufacturer. The customer chooses the type of bed to be installed.

(2) Will the department issue a certificate of ownership for my cab and chassis?

Yes. However, because the cab and chassis is an incomplete vehicle, when the body or special equipment has been installed you must apply for a new certificate of ownership to reflect the correct series and body type, scale weight and the completed vehicle's new value.

(3) Will the department issue a certificate of registration for my cab and chassis?

Yes, if you intend to use the vehicle on the public highways. The gross weight will be limited to one hundred fifty percent of the scale weight. Gross weight is rounded up to the nearest two thousand pound increment and may not be increased until the certificate of ownership is corrected to reflect the completed vehicle information.

(4) What do I need to provide the department when my cab and chassis has been converted to a complete vehicle and I am applying for a new license and certificate of ownership?

Whether you titled the cab and chassis or waited until the vehicle was completed before titling, you need to provide the department with the following before you use the completed vehicle on the public highways:

(a) Proof of ownership for the cab and chassis;

(b) Proof of ownership for the equipment installed to make it a complete vehicle;

(d) Proof or payment of sales or use tax on the equipment installed to make a complete vehicle; and

(e) Applicable fees and taxes for any increased value of the completed vehicle.

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-96A-145, filed 6/6/01, effective 7/7/01. Statutory Authority: RCW 46.16.276, 43.17.060, 46.16.600 and 46.01.110. WSR 99-06-029, § 308-96A-145, filed 2/24/99, effective 3/27/99. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-145, filed 5/5/86
Order MV-328, § 308-96A-145, filed 7/24/75.

Wash. Admin. Code § 308-96A-161 Fleet registration.

(1) What is the purpose of the fleet program? The purpose of the fleet program is to provide a process for business and individual registered owners to have the same expiration date for all of their vehicles and to receive a single billing notice.

(2) What types of fleet programs are available? There are two types of fleet programs, regular and permanent.

(3) What is the difference between a regular and a permanent fleet?

(a) Regular fleets consist of five or more vehicles, all currently titled and registered in exact name agreement (letter for letter and space for space). The owner has the option to purchase monthly gross weight license.

(b) Permanent fleets consist of 50 or more vehicles, all currently titled and registered in exact name agreement (letter for letter and space for space). The owner must purchase gross weight for the entire year. Gross weight license may not be purchased month to month, but may be increased throughout the year.

(4) Who does a fleet owner contact to join the fleet program? Fleet owners who meet the qualifications may contact the department or their local vehicle licensing office to have a fleet account established and a fleet identifier code issued.

(5) Are there any vehicles that may not be part of a fleet? Yes, the following vehicles may not be part of the fleet program:

(a) Snowmobiles;

(b) Trailers with permanent license plates issued under RCW 46.16A.450;

(d) Prorate vehicles registered under proportional registration as defined in chapter 46.87 RCW.

(6) Will the department remove a fleet from the fleet program? Yes, the department will remove a fleet from the program at the request of the owner or if the number of registered vehicles in the fleet drops below the required minimum.

(7) What happens to a fleet once it is removed from the fleet program? When a fleet is removed from the program the fleet identifier code will be removed from all of the vehicles in the fleet. The owner will then be required to renew them individually.

History

Statutory Authority: RCW 46.01.110. WSR 22-01-082, § 308-96A-161, filed 12/10/21, effective 1/10/22
WSR 11-20-066, § 308-96A-161, filed 10/3/11, effective 11/3/11. Statutory Authority: RCW 46.01.110 and 46.01.100. WSR 02-11-079, § 308-96A-161, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 46.01.110, 46.01.100 and 46.16.060. WSR 99-19-026, § 308-96A-161, filed 9/8/99, effective 10/9/99. Statutory Authority: RCW 46.01.110. WSR 97-10-003, § 308-96A-161, filed 4/24/97, effective 5/25/97
WSR 92-15-025, § 308-96A-161, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 46.01.110 and 46.16.335. WSR 91-15-006, § 308-96A-161, filed 7/8/91, effective 8/8/91.

Wash. Admin. Code § 308-96A-175 Ride-sharing vehicles.

(1) When may the department issue a ride share special license plate? Ride share special license plates may be issued when:

The passenger motor vehicle is primarily used as a commute ride-sharing motor vehicle defined in RCW 46.74.010(1). The vehicle owner may be issued special ride-share license plates by satisfying the provisions of RCW 46.18.285. Any person desiring the special ride-share license plates must make application on a form approved by the department and pay all fees required by chapter 46.12 RCW and the special ride-share license plate fee required by RCW 46.18.285. The owner must then provide:

(a) For privately owned vehicles, a statement that the vehicle is being used as a ride-sharing vehicle; or

(b) For motor vehicles operated by public transportation agencies or by major employers defined in RCW 70.94.524 in commute trip reduction programs, a written statement that the motor vehicle is used as a commuter ride-sharing motor vehicle.

(c) A written statement that the motor vehicle is used for commuter ride-sharing if the passenger motor vehicle is owned, rented or leased by a government agency.

(2) Can the ride-share license plate be transferred to another motor vehicle? To transfer license plates to another motor vehicle, the owner must:

(a) Make application to and receive approval by the department for the replacement passenger motor vehicle; and

(b) Pay applicable fees stated in RCW 46.17.200.

(3) What happens when I remove or transfer special ride-share plates from my vehicle? When you remove or transfer special ride-share license plates from one motor vehicle to another, you must:

(a) Purchase replacement license plates if the motor vehicle will be operated on public highways; and

(b) Pay applicable tax for the remaining license registration period for the vehicle.

(c) If use/sales tax was exempted but the vehicle was used less than thirty-six consecutive months as a ride-share motor vehicle, use tax is due and payable to the department of revenue.

(4) What happens when the ride-share motor vehicle is sold or transferred to another person?

(a) When a ride-share motor vehicle is sold or transferred to another person who will continue to use the passenger motor vehicle as a commuter ride-share vehicle, the new owner must:

(i) Apply for a certificate of title under chapter 46.12 RCW;

(ii) Apply for commuter ride-share exemption; and

(iii) Pay all required fees and taxes including the special license plate fee.

(b) Upon application for registration renewal, the owners of nongovernment ride-share plated vehicles must:

(i) Provide a statement that the motor vehicle is used as a commuter ride-share motor vehicle to continue to be exempt from chapters 82.08, 82.12, and 82.44 RCW; and

(ii) Submit a completed statement approved by the department that the motor vehicle qualifies as a commuter ride-sharing motor vehicle. If the registered owner fails to file a completed recertification form, the department will cancel the special ride-share license plates and the registered owner will need to purchase replacement plates and pay applicable fees and taxes to complete registration renewal.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-175, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110. WSR 08-20-035, § 308-96A-175, filed 9/23/08, effective 10/24/08. Statutory Authority: RCW 46.01.110 and 46.16.316. WSR 04-18-023, § 308-96A-175, filed 8/24/04, effective 9/24/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. WSR 01-10-069, § 308-96A-175, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. WSR 98-09-024, § 308-96A-175, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110, 46.74.010 and 1996 c 244. WSR 96-21-043, § 308-96A-175, filed 10/11/96, effective 11/11/96. Statutory Authority: RCW 46.01.110, 1993 c 488 and chapter 46.12 RCW. WSR 94-17-044, § 308-96A-175, filed 8/10/94, effective 9/10/94. Statutory Authority: RCW 46.01.110, 46.16.276 and 1987 c 175 § 2. WSR 88-01-010 (Order TL/RG 39), § 308-96A-175, filed 12/7/87.

Wash. Admin. Code § 308-96A-176 Special transportation needs for ride-share vehicles.

(1) Who may request application for special transportation needs for ride-share vehicles? Private, nonprofit transportation providers furnishing ride share for persons with special transportation needs under chapter 81.66 RCW may be issued special ride-share license plates under RCW 46.18.285 for passenger motor vehicles. The transportation provider must make application for special ride-share license plates on a form approved by the department. The application must include:

(a) A copy of the utilities and transportation commission's operating certificate authorizing the organization to operate in this state;

(b) Payment of all fees required under chapter 46.12 RCW; and

(2) What is a passenger motor vehicle? For purposes of this section, a passenger motor vehicle is defined as:

(a) A motor vehicle titled with a use class of PAS, but does not include a motor home;

(b) A bus with a seating capacity of fifteen or less including the driver;

(c) A cutaway, defined as a van or light truck cut off behind the cab, a bus-type body permanently affixed to the frame behind the cab, and a seating capacity of fifteen or less including the driver. A cutaway does not include a motor home; and

(d) A modified van, not more than twenty-eight feet in overall length, and a seating capacity of fifteen or less including the driver. A modified van does not include a motor home.

(3) What happens when a transportation provider removes the special ride-share license plate or transfers the plate to another vehicle?

(a) When the transportation provider removes the special ride-share license plates or transfers the plates to another vehicle owned by the transportation provider, replacement license plate fee, vehicle registration fee and abated RTA vehicle excise tax if necessary must be collected if the vehicle will continue to be operated on public highways. If the exemption is being removed within thirty-six consecutive months from obtaining the exemption, the full use or sales tax amount originally exempted will be due and payable to the department of revenue.

(b) If the special license plates are to be transferred to another vehicle, a new application for exemption must be filed as required under subsection (1) of this section with payment of the license plate transfer fee provided in RCW 46.16A.200.

(4) What is required to retain my ride-share exemption when I renew my registration? When applying for registration renewal, the transportation provider must recertify that the vehicle is being used to provide transportation for persons with special transportation needs to be exempt from chapters 82.08 and 82.44 RCW. The department will provide recertification forms to registered owners of ride-share vehicles for filing with registration renewal applications.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-176, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. WSR 01-10-069, § 308-96A-176, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 46.16.335. WSR 98-09-024, § 308-96A-176, filed 4/8/98, effective 5/9/98. Statutory Authority: RCW 46.01.110, 46.74.010 and 1996 c 244. WSR 96-21-043, § 308-96A-176, filed 10/11/96, effective 11/11/96.

Wash. Admin. Code § 308-96A-180 Registration of rental vehicles.

(1) What is a rental vehicle?

A rental vehicle is defined in RCW 46.04.465.

(2) Who registers a rental vehicle?

Any Washington vehicle licensing office registers rental vehicles.

(3) How will I register my rental vehicles?

Annual renewal of rental vehicle registration may be processed through any Washington vehicle licensing office or by mail by meeting the qualifications and paying the appropriate fees. The rental vehicle business registration number must be included on the vehicle registration. The name of the legal or registered owner on a rental vehicle registration must be identical to the business name displayed on the master license.

(4) Do rental vehicles operated in Washington need to be registered in Washington?

Rental vehicles must be registered in Washington unless:

(a) Rented by a customer at a location outside of the state of Washington; or

(b) The vehicle was dropped off at a Washington rental vehicle business by its previous renter and is being rented for a one-way trip out of Washington; or

(5) Does the current certificate of registration issued by the department need to be carried in the rental vehicle?

A photocopy of the current certificate of registration may be carried in a rental vehicle in lieu of the original certificate of registration.

(6) Who may operate a rental vehicle?

Rental vehicles may only be used by rental customers, unless the rental vehicle is being moved by the business to another business site, to or from maintenance or repair facilities, or for testing purposes.

(7) What does a rental vehicle business do when they remove a rental vehicle from their fleet?

The rental vehicle business may submit a vehicle seller's report of sale that protects the seller of a vehicle from certain criminal and civil liabilities arising from use of the vehicle by another person after the vehicle has been sold or a change in ownership has occurred.

History

Statutory Authority: RCW 46.01.110. WSR 07-02-077, § 308-96A-180, filed 1/2/07, effective 2/2/07
WSR 04-01-162, § 308-96A-180, filed 12/22/03, effective 1/22/04. Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490 and 46.16.276. WSR 98-19-075, § 308-96A-180, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.01.110 and 46.87.023. WSR 95-15-028, § 308-96A-180, filed 7/11/95 effective 8/11/95.

Wash. Admin. Code § 308-96A-201 Purchasing gross weight—Expiration dates.

(1) What is the gross weight expiration date if I purchase twelve thousand pounds or less?

The gross weight license expiration date is the same as the registration expiration date. Gross weight fees are paid for the same number of months as the registration.

(2) What would the gross weight expiration date be if I purchase fourteen thousand pounds or more?

You, the owner, have two options:

(a) If you choose to buy twelve months gross weight, the expiration date of the gross weight is the same as the expiration date of the vehicle registration; or

(b) If you choose to buy one to eleven consecutive months, the expiration date of the gross weight is the same day of the month as the expiration date of the vehicle registration. For example: If the vehicle registration expires March 9, monthly gross weight licenses will expire April 9, May 9, etc. Monthly gross weight may not be purchased beyond the vehicle registration expiration date.

(3) When renewing the registration and purchasing monthly gross weight, what is the effective date of my gross weight license?

The effective date of the gross weight license must be the first month the new registration is effective. Example: If the vehicle expiration is March 9, and the vehicle registration is purchased prior to April 9, the effective date is March 10. If the registration is purchased June 15, the effective date is June 10, etc. When there is a partial month between the requested effective date of the gross weight license and the expiration date of the gross weight license, gross weight fees are charged for a full month.

(4) If the vehicle registration expiration date is the thirty-first day of the month, what is the expiration date of the gross weight for those months having fewer than thirty-one days?

If the vehicle registration date is the thirty-first, the monthly gross weight will expire on the last calendar day of those months having fewer than thirty-one days.

History

Statutory Authority: RCW 46.16.010. WSR 06-21-027, § 308-96A-201, filed 10/9/06, effective 11/9/06. Statutory Authority: RCW 46.01.110, 46.16.070, 46.16.135. WSR 02-10-013, § 308-96A-201, filed 4/22/02, effective 5/23/02
WSR 99-01-133, § 308-96A-201, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-201, filed 1/2/92, effective 2/2/92.

Wash. Admin. Code § 308-96A-202 Power units towing trailers with permanent registrations.

(1) What determines if I pay the higher gross weight fees?

If the declared gross weight of the power unit exceeds forty thousand pounds AND the power unit will be towing a trailer, the power unit must be licensed with a combination (CMB) or farm combination (FCB) use class. This results in higher gross weight fees.

(2) How do I change to a CMB or FCB use class during the registration year?

If you choose to change the use class of your power unit during the registration year, you will need to:

(a) Pay the additional gross weight fees for the remaining months of the gross weight license period currently in effect; and

(b) Immediately attach the combination decals between the lower bolt holes on the front and rear license plates.

If the license plates were issued prior to January 1, 1987, new plates are required.

(3) What if I change to a CMB or FCB use class at renewal time?

If you change use class at renewal time, you will pay the gross weight fees for the new registration year. Fees are not due for the remainder of the current registration year. If the plates were issued prior to January 1, 1987, new plates are required. The combination decals assigned may not be attached to the license plates until the first day of the new registration year, when the new use class is effective.

(4) What if I change from CMB or FCB to COM or FAR?

If you change from CMB or FCB to COM or FAR, you will need to purchase new plates. Excess gross weight fees may be used to purchase additional months of gross weight to the end of the current registration year.

(5) If I sell the power unit with a CMB or FCB use class, will the new owner need to purchase new plates?

If the new owner retains the CMB or FCB use class, new plates are not required. If the use class is changed to commercial (COM) or farm (FAR), new plates are required.

(6) If new plates are required because of the change of use class or because they were issued prior to January 1, 1987, am I required to pay replacement plate fees?

Yes, under RCW 46.17.200.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-202, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-96A-202, filed 6/6/01, effective 7/7/01. Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. WSR 99-01-133, § 308-96A-202, filed 12/21/98, effective 1/21/99.

Wash. Admin. Code § 308-96A-203 Permanent trailer registrations.

(1) Do I have an option of purchasing a permanent registration for my trailer to offset the higher fees on my power unit?

Yes, if the power unit towing the trailer is properly licensed to tow a trailer with a permanent registration.

(2) How does the power unit need to be licensed to tow a trailer with a permanent registration?

The power unit must have a combination (CMB) or farm combination (FCB) use class.

(3) How does the power unit qualify for the CMB or FCB use class?

The declared gross weight of the power unit must exceed forty thousand pounds. The CMB and FCB use classes require a higher gross weight fees to offset the annual revenue loss of the permanently licensed trailer(s) the power unit is towing.

(4) If I am not required to renew the permanent trailer registration each year, how is my registration kept updated?

Your registration will show an expiration date of "PERM." Your vehicle record will show a current expiration date, which is updated annually, and your trailer plate will have a permanent trailer validation tab assigned to it.

(5) Are there any restrictions on the use of the trailer with permanent plates?

Yes, there is a restriction printed on the registration stating that the vehicle must be towed by a power unit with a CMB or FCB use class and gross weight in excess of forty thousand pounds.

(6) How long is the permanent registration valid?

The permanent registration is valid until ownership in the trailer changes. For purposes of this section, the following are not considered changes of ownership:

(a) Addition or deletion of spouse or co-owner; or

(b) Change of lessee with the same lessor.

(7) What do I do if I want to cancel the permanent registration and register the trailer as commercial?

You may change from CMB to COM use class at any time. You will need to pay all fees and taxes from the date of application to the expiration date shown on the vehicle record. A partial month requires a full month's fees. The license plates must be replaced when ownership changes on a trailer with CMB use class.

(8) What type of plates do I display on a trailer with a permanent registration?

A regular trailer plate, including a permanent trailer tab and combination decal, must be displayed on the trailer. The trailer may not display personalized or other special plates in this case.

(9) How is the expiration date established for a permanent trailer registration?

If the vehicle is unlicensed at the time of application, an expiration date is established based on the date of application as defined in WAC 308-96A-260. The permanent trailer plate fee is charged. If the vehicle is currently registered, either as COM or CMB, the permanent trailer plate fee is charged and the expiration date remains the same.

(10) Do I need to get a new plate when I get a permanent trailer registration?

If the vehicle is new, is currently registered to another owner with CMB use class, or the plate was issued prior to January 1, 1987, a new plate must be issued. If the vehicle is currently registered with a COM use class, and the plate has been issued since January 1, 1987, the permanent trailer tab and combination decal may be attached to the existing plate.

(11) If the trailer has a permanent registration and I no longer wish to use the trailer, or I sell the trailer and the new owner does not wish to license the trailer, may a title purpose only title be issued?

Yes, however, a title purpose only title will not eliminate the requirement for license fees to be paid. As soon as the vehicle is no longer used as a CMB trailer, license fees are due. The owner has the choice of:

(a) Paying to change the use class to COM, in which case the registration would not need to be renewed the following year if it is not being used; or

(b) Paying the permanent trailer registration fee one time and having the vehicle be licensed.

(12) If I need to purchase new plates because of changing the use class or because the plates were issued prior to January 1, 1987, do I need to pay replacement plate fees?

Yes, under RCW 46.17.200.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-203, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-96A-203, filed 6/6/01, effective 7/7/01. Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. WSR 99-01-133, § 308-96A-203, filed 12/21/98, effective 1/21/99.

Wash. Admin. Code § 308-96A-205 Gross weight—Increasing declared gross weight.

(1) If my gross weight is insufficient, am I required to increase it? Yes, you are required to maintain sufficient gross weight to cover the weight of the vehicle and its load up to the legal weight limit of your vehicle. Any amount above the legal limit of the gross vehicle weight rating requires an overweight permit from the department of transportation.

(2) How do I increase my gross weight? You may purchase additional gross weight by applying at any Washington vehicle license office and surrendering the current gross weight license.

(3) What would the gross weight expiration date be when I increase the declared gross weight of my vehicle?

The new gross weight expiration date remains the same as the current gross weight license. You may choose to purchase additional months of gross weight not to exceed the vehicle registration expiration date.

(4) What is the start date of the new gross weight license? The start date of the new gross weight license remains the same as the current gross weight license.

(5) Will I receive credit for gross weight fees that I have already paid? Yes. You will receive dollar value credit for the number of months from the start date of the new gross weight license to the expiration of the current gross weight license. Credit is given for the gross weight that has already been purchased:

(a) You must surrender the current gross weight license in order to receive credit.

(b) If the gross weight license is lost, stolen or destroyed, you must sign an affidavit of loss and a statement that the gross weight license has not been transferred to another vehicle.

(6) How many months gross weight must I purchase when I increase the declared gross weight on my vehicle? You must purchase at least as many months as are remaining on the current gross weight license.

Credit will be given as provided in subsection (5) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, when applicable, in addition to all other fees required to license the vehicle.

History

Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. WSR 02-11-095, § 308-96A-205, filed 5/20/02, effective 6/20/02
WSR 99-01-133, § 308-96A-205, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-205, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. WSR 87-12-023 (Order TL/RG-34), § 308-96A-205, filed 5/28/87. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-205, filed 5/5/86
Order MV-328, § 308-96A-205, filed 7/24/75.

Wash. Admin. Code § 308-96A-206 Gross weight—Decreasing declared gross weight.

(1) May I decrease the declared gross weight on my vehicle?

Yes. If you decrease the declared gross weight, you must surrender the current gross weight license.

(2) When may I decrease the declared gross weight on my vehicle? Any time during the registration year. However, decreasing the declared gross weight may result in a forfeiture of gross weight fees already paid. Unless you have been advised by law enforcement to decrease your declared gross weight, you may wait to decrease it until renewing your gross weight license.

(3) What would the gross weight expiration date be when I decrease the declared gross weight of my vehicle? The expiration date of the gross weight license would remain the same as the current gross weight license.

(4) What will be the start date of the new gross weight license? The start date of the gross weight license would remain the same as the current gross weight license.

(5) Will I receive credit for gross weight fees that I have already paid? You will receive dollar value credit for the number of months remaining and at the rate of the declared gross weight previously purchased for the period between the effective date of the change and the expiration date of the previously issued gross weight license. At the time of application, any excess credit accrued as a result of such change may be applied toward the payment of gross weight license fees for the gross weight license months between the previous gross weight license expiration date and the registration expiration date:

(a) Credit may not be carried over to the next registration year and any credit still remaining after decreasing gross weight to the registration expiration date shall be forfeited;

(b) You must surrender the current gross weight license in order to receive credit;

(c) If the gross weight license is lost, stolen or destroyed, you must sign an affidavit of loss and a statement that the gross weight license has not been transferred to another vehicle;

(d) You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.

(6) May the credit of gross weight be applied to any other fee? No it may only be applied to gross weight.

(7) How many months gross weight must I purchase when I decrease the declared gross weight of my vehicle? You will need to purchase the number of months remaining on the current gross weight license. Credit will be given as provided in subsection (5) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, when applicable, in addition to all other fees required to license the vehicle.

History

Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. WSR 02-11-095, § 308-96A-206, filed 5/20/02, effective 6/20/02
WSR 99-01-133, § 308-96A-206, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-206, filed 1/2/92, effective 2/2/92.

Wash. Admin. Code § 308-96A-207 Gross weight—Changing from a farm use class to a nonfarm use class.

(1) When would I need to change my vehicle registration from a farm use class to a nonfarm use class?

You need to change your vehicle registration from a farm to nonfarm use class when the vehicle is no longer being used solely for farm purposes as defined in RCW 46.16.090.

(2) What would the gross weight expiration date be when I change my vehicle registration from a farm use class to a nonfarm use class? The expiration date of the gross weight license would remain the same as the current gross weight license.

(3) What will be the start date of the gross weight license with the nonfarm use class?

The new gross weight license start date is the first day of the current registration month, as described in WAC 308-96A-201 (2)(b), or any subsequent registration month of the current gross weight license period.

(4) How many months gross weight must I purchase when I change my vehicle registration from farm to nonfarm? You must purchase at least as many months as are remaining on the current gross weight license. Credit will be given as provided in subsection (5) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, and additional gross weight fees in addition to all other fees required to license the vehicle.

(5) Will I receive credit for gross weight fees that I have already paid?

You will receive dollar value credit for the number of months remaining on the current gross weight license. The credit will be given at the rate of the declared gross weight; however, you must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen or destroyed, you must sign an affidavit of loss and a statement that the gross weight license has not been transferred to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.

History

Statutory Authority: RCW 46.01.110, 46.16.070, 46.16.135. WSR 02-10-013, § 308-96A-207, filed 4/22/02, effective 5/23/02
WSR 99-01-133, § 308-96A-207, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-207, filed 1/2/92, effective 2/2/92.

Wash. Admin. Code § 308-96A-208 Gross weight—Changing from a nonfarm use class to a farm use class.

(1) When may I change my vehicle registration from a nonfarm use class to a farm use class?

You may change your vehicle registration from a nonfarm to farm use class when the vehicle is being used solely for farm purposes as defined in RCW 46.16.090.

(2) When is the best time to change my vehicle registration from a nonfarm use class to a farm use class?

The best time to change your vehicle registration from a nonfarm to a farm use class is at the time you are purchasing gross weight. Changing use class from nonfarm to farm results in a forfeiture of gross weight fees paid. You may increase your declared gross weight to make up the difference between the nonfarm and the farm gross weight fees if the increased gross weight does not exceed the maximum legal limit of the vehicle.

(3) What would the gross weight expiration date be when I change my vehicle registration from a nonfarm use class to a farm use class? The expiration date of the gross weight license would remain the same as the current gross weight license.

(4) What will be the start date of the gross weight license when I change my vehicle registration from nonfarm use class to a farm use class? The start date of the gross weight license would remain the same as the current gross weight license.

(5) How many months gross weight must I purchase when I change my vehicle registration from nonfarm to farm?

You will need to purchase the number of months remaining on the current gross weight license. Credit will be given as provided in subsection (6) of this section. You will also be charged for the permit fees as defined in RCW 46.16.135, in addition to all other fees required to license the vehicle.

(6) Will I receive credit for gross weight fees that I have already paid?

You will receive dollar value credit for the number of months and at the rate of the declared gross weight previously purchased for the period between the effective date of the change in use class and the expiration date of the previously issued gross weight license. At the time of application for change of use class from nonfarm to farm, any excess credit accrued as a result of such change may be applied toward the payment of gross weight license fees for the gross weight license months between the nonfarm gross weight license expiration date and the registration expiration date. Credit may not be carried over to the next registration year and any credit still remaining after purchasing gross weight license to the registration expiration date forfeit. You must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen or destroyed, you must sign an affidavit of loss and a statement that the gross weight license has not been transferred to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16.135.

History

Statutory Authority: RCW 46.16.010. WSR 06-21-027, § 308-96A-208, filed 10/9/06, effective 11/9/06. Statutory Authority: RCW 46.01.110, 46.16.070, 46.16.135. WSR 02-10-013, § 308-96A-208, filed 4/22/02, effective 5/23/02
WSR 99-01-133, § 308-96A-208, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-208, filed 1/2/92, effective 2/2/92.

Wash. Admin. Code § 308-96A-210 Gross weight—Transfer of gross weight license to new owner.

(1) Is a gross weight license transferable to a new owner at the time of transfer of ownership?

Only for a gross weight license of fourteen thousand pounds or more. If the seller has signed off the gross weight license, the gross weight license of fourteen thousand pounds or more may be transferred to the new owner at the time of transfer of ownership of the vehicle. The seller also has the option of retaining the gross weight license to transfer to a replacement vehicle as provided in WAC 308-96A-220.

(2) What happens if the gross weight license is neither transferred to the new owner or a replacement vehicle?

Any gross weight credit not transferred to the new owner or to a replacement vehicle is forfeit and is not refunded.

(3) What will be the start date of the gross weight license when transferred to the new owner?

The new gross weight license start date for fourteen thousand pounds or more is the first day of the registration month in which application for transfer of ownership is made. A gross weight license cannot be purchased for a partial registration month. For example: If the current gross weight license start date was the 24th, the expiration is on the 23rd, and an application for transfer of ownership is made on the 17th, then the effective date of the new gross weight license is the 24th of the current registration month.

(4) What would the new gross weight expiration date be?

If the current declared gross weight is fourteen thousand pounds or more, the gross weight expiration date will remain the same as is currently in effect. You may choose to purchase additional months of gross weight not to exceed the vehicle registration expiration date.

(5) How many months' gross weight fees will I be charged when I apply for transfer of ownership?

You will be charged for the number of months from the start date of the new gross weight license to the expiration of the new gross weight license at the rate of the declared gross weight amount. Credit will be given as provided in subsection (6) of this section. You will also be charged for the permit fees as defined in RCW 46.16A.455, when applicable, in addition to all other fees required to license the vehicle.

(6) Will I receive credit for gross weight fees that have already been paid?

If the previous owner has provided you with the signed off gross weight license, and the gross weight credit is fifteen dollars or more, you will receive dollar value credit for the number of months from the start date of the new gross weight license to the expiration of the current gross weight license and at the rate of the declared gross weight of the current gross weight license. However, you must surrender the current gross weight license in order to receive credit. If the gross weight license is lost, stolen, or destroyed, you must provide an affidavit of loss and a statement from the seller that the gross weight license has not been, or will not be, transferred to another vehicle. You will not receive credit for the monthly gross weight permit fees as defined in RCW 46.16A.455.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-210, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.16.010. WSR 06-21-027, § 308-96A-210, filed 10/9/06, effective 11/9/06. Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. WSR 99-01-133, § 308-96A-210, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-210, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-210, filed 5/5/86
Order MV-328, § 308-96A-210, filed 7/24/75.

Wash. Admin. Code § 308-96A-220 Gross weight—Transfer of gross weight license to a replacement vehicle.

(1) May I transfer a gross weight license to a replacement vehicle? Yes, the gross weight license on a truck, tractor, or truck tractor may be transferred to a replacement vehicle.

(2) What qualifies as a replacement vehicle? A replacement vehicle is a truck, tractor, or truck tractor that is:

(a) A presently unlicensed vehicle belonging to the same owner; or

(b) A vehicle purchased for replacement that is presently unlicensed or has had its gross weight license retained by its former owner.

(3) What is an unlicensed vehicle? For the purposes of this section, a vehicle is considered unlicensed if the current gross weight license expires prior to the registration, or if the current gross weight license is not adequate for the load being carried.

(4) When may I transfer gross weight license to a replacement vehicle? You may transfer a gross weight license from one vehicle to a replacement vehicle when the previously licensed vehicle is:

(a) Sold and the gross weight credit amount of fifteen dollars or more is retained;

(b) Destroyed;

(d) Registered in another jurisdiction;

(e) Involuntarily removed from the person's ownership by repossession, sheriff's sale, court order, chattel lien, landlord lien, self-service storage facility lien, abandoned vehicle sale;

(f) Stolen; or

(g) Removed from service by the owner.

Gross weight license may also be transferred to a replacement vehicle at the request of the owner.

(5) What are the restrictions to transferring gross weight license? The restrictions to transferring gross weight license are:

(a) The expiration date of the transferred gross weight license may not:

(i) Extend beyond the registration expiration date of the replacement vehicle;

(ii) Be used to extend the registration expiration date of the replacement vehicle.

(b) The gross weight license being transferred may not exceed the replacement vehicle's weight limitations as defined in chapter 46.44 RCW;

(d) The amount of gross weight credit being transferred must be fifteen dollars or more;

(e) A transfer of gross weight license for the purposes of increasing the declared gross weight of the replacement vehicle must comply with the requirements of WAC 308-96A-205;

(f) You must surrender the current gross weight license in order to transfer gross weight license to a replacement vehicle.

(6) What would the new gross weight expiration date be?

(a) The expiration date of the transferred gross weight license is the same day of the month as the registration expiration date of the replacement vehicle. For example: If the registration expiration date of the replacement vehicle is July 15, the transferred gross weight license will expire on the fifteenth day of the month, depending on how many months gross weight license was transferred.

You may choose to purchase additional months of gross weight not to exceed the replacement vehicle registration expiration date.

(b) If the registration of a replacement vehicle as described in subsection (2)(b) of this section has expired, new registration and gross weight expiration dates will be assigned.

(7) Will I receive credit for gross weight fees that have already been paid? You will receive credit for the current and unused portions of the gross weight license already purchased. Any excess credit will not be refunded or ever used as a credit.

History

Statutory Authority: RCW 46.16.010. WSR 06-21-027, § 308-96A-220, filed 10/9/06, effective 11/9/06. Statutory Authority: RCW 46.01.110, 46.16.070 and 46.16.135. WSR 02-11-095, § 308-96A-220, filed 5/20/02, effective 6/20/02
WSR 99-01-133, § 308-96A-220, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-220, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. WSR 87-12-023 (Order TL/RG-34), § 308-96A-220, filed 5/28/87. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-220, filed 5/5/86
Order MV-328, § 308-96A-220, filed 7/24/75.

Wash. Admin. Code § 308-96A-260 Assignment of original registration year.

How are registration years assigned?

Vehicles licensed for the first time in this state will have expiration dates assigned under RCW 46.16A.020 except as follows:

(1) Fleet vehicles will have a registration year ending December 31. A full month's fees are charged for any partial month.

(2) City, state, and county exempt vehicles using propane, butane, or natural gas will have a June 30th expiration date for special fuel billing purposes. This does not apply to federal exempt vehicles, which are required to be registered annually and pay the liquefied petroleum gas (LPG) fee at the time of registration renewal.

(3) Vehicles delivered on dealer temporary permits must be assigned expiration dates based on date of delivery as documented by the dealer.

(4) A February 29th expiration date will be reassigned to March 1st.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-260, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490, and 46.16.276. WSR 01-17-017, § 308-96A-260, filed 8/3/01, effective 9/3/01
WSR 98-19-075, § 308-96A-260, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-260, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-260, filed 5/5/86. Statutory Authority: 1985 c 109 §§ 2, 4, 6 and 8, RCW 46.80.140, 46.70.080 [46.79.080], 46.70.160, 46.76.070 and 46.16.225. WSR 86-08-028 (Order DLR-091), § 308-96A-260, filed 3/26/86
Order MV-355, § 308-96A-260, filed 5/10/76.

Wash. Admin. Code § 308-96A-275 Assignment of fleet registration expiration.

(1) When do fleet vehicle registrations expire? Fleet vehicle registrations expire December 31 annually.

(2) How does the department adjust registration fees to assign a December 31 registration expiration date for a fleet vehicle?

(a) When you add an unlicensed vehicle to your fleet, you will be charged for the number of months from the date of the current registration month to December 31st. The fees are abated to correspond with the number of months of registration purchased. For example:

(i) If you add a vehicle to your new or existing fleet between October 1 and December 30 of the current year, you will be required to purchase more than twelve months of registration to obtain a December 31 vehicle registration expiration date for the following December 31;

(ii) If you add a vehicle to your new or existing fleet between February 1 and September 30, you will be required to purchase less than twelve months of registration to obtain a December 31 vehicle registration expiration date for the current year;

(iii) If you add a vehicle to your new or existing fleet between December 31 and January 31, you will be required to purchase twelve months of registration to obtain a vehicle registration expiration date for the next year.

(b) When you add a currently registered vehicle to your new or existing fleet, the number of months registration fees abated from the date of current registration expiration to December 31, as applied in (a) of this subsection not to exceed eighteen months;

History

Statutory Authority: RCW 46.01.110 and 46.01.100. WSR 02-11-079, § 308-96A-275, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 46.01.110, 46.01.100 and 46.16.060. WSR 99-19-026, § 308-96A-275, filed 9/8/99, effective 10/9/99. Statutory Authority: RCW 46.01.110. WSR 92-15-025, § 308-96A-275, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-275, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-275, filed 5/5/86
Order MV-355, § 308-96A-275, filed 5/10/76.

Wash. Admin. Code § 308-96A-295 Display of tabs.

(1) What are tabs?

Tabs are decals affixed to the rear license plate as indicated on the license plate to identify the registration expiration month or year for a specific vehicle.

(2) Which tabs are valid to be displayed on the vehicle license plate? Tabs depicting the current registration expiration month and year must be displayed on the rear vehicle license plate in the area designated on the license plate. Expired month and year tabs may be displayed on the front vehicle license plate for vehicles that are required to display a front license plate.

(3) Does this rule apply to all vehicles? No, vehicles registered under the provisions of the International Registration Plan must display tabs depicting current registration expiration month and year on both the front and rear vehicle license plates of the power unit.

(4) When is the requirement for rear license plate tabs effective? The requirement for rear license plate tabs is effective for vehicle registration expiration periods after December 31, 2001.

History

Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225. WSR 01-09-079, § 308-96A-295, filed 4/17/01, effective 5/18/01. Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490 and 46.16.276. WSR 98-19-075, § 308-96A-295, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 46.01.110. WSR 93-14-083, § 308-96A-295, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-295, filed 5/5/86
Order MV-355, § 308-96A-295, filed 5/10/76.

Wash. Admin. Code § 308-96A-300 Changing assigned registration year.

When will the assigned registration year of a vehicle be changed?

(1) The department will change the registration year of a vehicle if the vehicle remains unlicensed for more than the entire assigned registration year.

(2) The registered owner may request a change of registration expiration month. This can only be done at the time of renewal and requires the registered owner to purchase more than twelve months of registration, limited to the vehicle field system constraints and license tab availability.

(3) When the vehicle is being added to a fleet.

(4) When you took ownership of a vehicle that is being transferred, unless it met one of the exemptions in RCW 46.16A.200, or the vehicle is registered as a title purpose only or has one of the following nonstandard plates on it at the time of transfer:

(a) Horseless carriage plates;

(b) Collector vehicle plates; or

(5) When the registered owner is a member of the armed forces returning to Washington state after being stationed outside of Washington in accordance with RCW 46.16A.020.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-300, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110. WSR 09-20-078, § 308-96A-300, filed 10/6/09, effective 11/6/09. Statutory Authority: RCW 46.01.110, 46.16.135, 46.46.16.225 [46.16.225], 46.16.490, and 46.16.276. WSR 01-17-017, § 308-96A-300, filed 8/3/01, effective 9/3/01
WSR 98-19-075, § 308-96A-300, filed 9/21/98, effective 10/22/98. Statutory Authority: RCW 43.17.060, 46.01.060, 46.16.070 and 46.16.135. WSR 92-02-100, § 308-96A-300, filed 1/2/92, effective 2/2/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. WSR 87-12-023 (Order TL/RG-34), § 308-96A-300, filed 5/28/87. Statutory Authority: RCW 46.16.135, 46.16.225, 46.16.490 and 46.01.110. WSR 86-10-040 (Order TL/RG 24), § 308-96A-300, filed 5/5/86
Order MV-355, § 308-96A-300, filed 5/10/76.

Wash. Admin. Code § 308-96A-350 Outstanding vehicle violations—Information to be supplied to the department by issuing jurisdictions.

(1) How is the department notified of outstanding (unpaid) vehicle violations? The jurisdiction notifies the department of outstanding vehicle violations. The notice will include the following:

(a) Jurisdiction name.

(b) NCIC number/originating agency identifier (ORI)/jurisdiction ID.

(d) Date vehicle violation was issued.

(e) Vehicle license plate number.

(f) Fine and penalty amount.

(g) Jurisdictions seal, except if filed electronically.

(h) Signature and date when required on form, except if filed electronically.

(2) When will the department accept vehicle violations for a vehicle database record by a jurisdiction? An original report against a vehicle record must contain a minimum of two outstanding violations from one jurisdiction. Subsequent reports against that vehicle by that same jurisdiction may be for a single violation unless the vehicle record indicates all existing violations have been paid and no further violations have been accrued in the thirteen months following the payment. If thirteen months have elapsed, the jurisdiction must submit an original report containing a minimum of two violations.

(3) What methods do jurisdictions use to notify the department of vehicle violations? Information must be provided in accordance with department instructions by:

(a) A form created or approved by the department;

(b) A computer listing sheet; or

(4) What methods do jurisdictions use to correct invalid, incomplete or inaccurate record transactions received and processed by the department electronically or manually?

(a) Reconcile and correct errors identified on the exception reports provided by the department; and

(b) Submit corrected transactions to the department.

History

Statutory Authority: RCW 46.01.110. WSR 11-17-111, § 308-96A-350, filed 8/23/11, effective 9/23/11. Statutory Authority: RCW 46.01.110, 46.12.040, 46.12.216. WSR 01-17-091, § 308-96A-350, filed 8/20/01, effective 9/20/01. RCW 46.01.110, 46.12.040, 46.16.216. WSR 00-03-057, § 308-96A-350, filed 1/18/00, effective 2/18/00
WSR 91-04-024, § 308-96A-350, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110. WSR 84-17-074 (Order TL-RG 7), § 308-96A-350, filed 8/15/84.

Wash. Admin. Code § 308-96A-355 Satisfaction of vehicle violations—Information to be supplied by issuing jurisdiction.

What happens when outstanding vehicle violations are satisfied? Upon satisfaction of vehicle violations previously reported as outstanding against a vehicle, the issuing jurisdiction must:

(1) Furnish the registered owner with a proof of payment form; and

(2) Notify the department within ten days of satisfaction of the vehicle violations.

(3) Both proof of payment and notification to the department must contain:

(a) Jurisdiction name;

(b) NCIC number/originating agency identifier (ORI)/jurisdiction ID;

(d) Date vehicle violation was issued;

(e) Vehicle license plate number;

(f) Date of satisfaction;

(g) Jurisdiction seal, except if filed electronically;

(h) Signature of representative and date signed, except if filed electronically.

(4) If filed electronically, must be in accordance with department instructions.

History

Statutory Authority: RCW 46.01.110. WSR 11-17-111, § 308-96A-355, filed 8/23/11, effective 9/23/11. Statutory Authority: RCW 46.01.110, 46.12.040, 46.12.216. WSR 01-17-091, § 308-96A-355, filed 8/20/01, effective 9/20/01. RCW 46.01.110, 46.12.040, 46.16.216. WSR 00-03-057, § 308-96A-355, filed 1/18/00, effective 2/18/00. Statutory Authority: RCW 46.01.110. WSR 84-17-074 (Order TL-RG 7), § 308-96A-355, filed 8/15/84.

Wash. Admin. Code § 308-96A-365 Reinstatement of parking violation.

(1) Can a parking violation be reinstated on a vehicle record after it has been reported by the jurisdiction as satisfied? A parking violation previously reported as satisfied will be reinstated on the vehicle record upon:

(a) Jurisdiction reporting error;

(b) Dishonored check for payment of fines and penalties;

(2) How is a parking violation reinstated that has been previously reported as satisfied? The jurisdiction seeking reinstatement of a parking violation must supply the department with the following information:

(a) Jurisdiction name,

(b) NCIC number/originating agency identifier (ORI),

(d) Date parking violation was issued,

(e) Vehicle license plate number,

(f) Fine and penalty amount,

(g) Jurisdiction seal, except if filed electronically,

(h) Signature of court representative and date signed, except if filed electronically,

(i) Reason for reinstatement.

Information must be on a form approved by the department on a computer listing sheet or electronic format in accordance with department instructions.

History

Statutory Authority: RCW 46.01.110, 46.12.040, 46.12.216. WSR 01-17-091, § 308-96A-365, filed 8/20/01, effective 9/20/01. RCW 46.01.110, 46.12.040, 46.16.216. WSR 00-03-057, § 308-96A-365, filed 1/18/00, effective 2/18/00. Statutory Authority: RCW 46.01.110. WSR 84-17-074 (Order TL-RG 7), § 308-96A-365, filed 8/15/84.

Wash. Admin. Code § 308-96A-400 Excise tax exemption—Indians.

(1) What definitions does the department apply to this section? For purposes of this rule, the following words and terms have the following meanings:

(b) "Indian tribe" means an Indian nation, tribe, band, or community recognized as an "Indian tribe" by the United States Department of the Interior.

(2) What Indian country tribes in Washington are recognized by the United States Department of the Interior? The only Washington "Indian tribes" are those currently recognized as such by the United States Department of the Interior. As of the effective date of this rule, there are twenty-eight federally recognized tribes in the state of Washington. You may contact the governor's office of Indian affairs for an up-to-date list of federally recognized Indian tribes in the state of Washington at its website www.goia.wa.gov or at:

Governor's Office of Indian Affairs

531 15th Ave. S.E.

P.O. Box 40909

Olympia, WA 98504-0909

360-753-2411

(3) How does an Indian qualify for a motor vehicle excise tax exemption? To qualify for an RTA excise tax exemption, an Indian shall:

(a) Be enrolled as a tribal member of a recognized Washington tribe;

(b) Have their principal residence within the boundaries of Indian country of the tribe of which they are a member; and

(4) Are vehicles owned or leased by a governing body of an Indian tribe subject to RTA excise tax? No. Vehicles owned or leased by a governing body of an Indian tribe are not subject to the RTA excise tax as provided in RCW 46.16.020 and 46.16.022.

(5) What documentation does the department require from a tribal member to qualify for an RTA excise tax exemption? The department requires a properly completed affidavit of exemption on a form supplied or approved by the department. An affidavit for each vehicle must be submitted at the time the exemption is established and at the time of renewal if there is a change of address and the new address is located inside the RTA boundary. The department may require such other proof of qualification for exemption, as it deems necessary.

(6) What information must be contained within the affidavit of exemption described in subsection (5) of this section? At the minimum, the affidavit of exemption must include the following:

(a) Description of the vehicle including the year and make and either the license plate number or the vehicle identification number;

(b) The registered owner's name, tribe, their enrollment numbers and the address in Indian country where the registered owner lives, as will be shown on the vehicle registration certificate; and enrollment or Bureau of Indian Affairs number;

(d) A certification of an authorized tribal authority representing the Indian tribe of which the registered owner is a member. The position or title of the tribal authority, their telephone number and their signature must appear on the certification. The certification must include a statement that the registered owner is an enrolled tribal member and that the address provided by the registered owner is within the boundaries of their Indian country;

(e) The position or title of the tribal authority, their telephone number and their signature.

(7) Are there any types of vehicles for which the Indian RTA excise tax exemption does not apply? No, the Indian RTA excise tax exemption applies to all types of vehicles for which RTA excise tax is due.

History

Statutory Authority: RCW 46.01.110. WSR 01-12-099, § 308-96A-400, filed 6/6/01, effective 7/7/01. Statutory Authority: RCW 46.01.110, 46.01.100 and 46.16.060. WSR 99-19-026, § 308-96A-400, filed 9/8/99, effective 10/9/99. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. WSR 87-12-023 (Order TL/RG-34), § 308-96A-400, filed 5/28/87. Statutory Authority: RCW 82.44.020 and 82.44.060. WSR 83-08-052 (Order 714-DOL), § 308-96A-400, filed 4/1/83.

Wash. Admin. Code § 308-96A-530 Veterans remembrance and military service award license plate emblems.

(1) What license plate emblems are available? The following license plate emblems are available:

(a) Veteran's remembrance emblems with the words "U.S. veteran";

(b) Military service award emblems in RCW 46.18.295;

(2) Who may purchase license plate emblems? Only persons qualified under RCW 46.18.295 may purchase license plate emblems.

(3) What will I receive when I purchase license plate emblems? In addition to a receipt, you will receive an emblem package including: One U.S. veteran emblem, military service award emblem, or Distinguished Flying Cross emblem; and any two of the following:

(a) Campaign ribbon remembrance emblem.

(b) U.S. flag emblem.

(4) What campaign ribbon remembrance emblems or military service award emblems are available? In addition to those in RCW 46.18.295, the following emblems are available:

(a) Afghanistan Campaign Medal.

(b) Armed Forces Services Medal.

(d) Korean Defense Medal.

(e) Kosovo Campaign Medal.

(f) Merchant Marines Atlantic War Zone Medal.

(g) Merchant Marines Middle East War Zone Medal.

(h) Merchant Marines Pacific War Zone Medal.

(i) National Defense Medal.

(j) War on Terrorism Expeditionary Medal.

(k) War on Terrorism Service Medal.

(5) How much do license plate emblem packages cost? License plate emblem packages cost ten dollars per package, in addition to fees authorized in RCW 46.17.040(2).

(6) How do I display my license plate emblems? In addition to the requirements and limitations in RCW 46.16A.210:

(a) When the veteran emblem, military service award emblem, or Distinguished Flying Cross emblem is displayed on a license plate, it must be displayed between the bottom license plate bolt holes;

(b) U.S. flags and emblems described in subsection (4) of this section must be displayed on the outside of each bottom license plate bolt hole. No more than two flags or small emblems may be affixed to any one license plate;

(c) For two-plated vehicles, you may display the emblems on either the front or rear license plate. You may buy a second package if you want to display emblems on both license plates.

| Note: | When a license plate displaying veteran's remembrance emblems is transferred to a new owner, the emblems must be removed. | | --- | --- |

(7) Do the license plate emblems on my front license plate have to match the emblems on the rear license plate? No, emblems displayed on the front license plate do not need to match emblems displayed on the rear license plate.

(8) May I obtain a replacement or additional license plate emblem package? Yes:

(a) If you choose to purchase an additional set, you will be charged the fee in subsection (5) of this section; or

(b) When the original emblems become faded or unrecognizable, you may obtain a replacement set at no fee.

History

Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-530, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110 and 46.16A.251. WSR 13-04-007, § 308-96A-530, filed 1/24/13, effective 2/24/13. Statutory Authority: RCW 46.16.110, 46.16.335, 46.16.276. WSR 06-21-026, § 308-96A-530, filed 10/9/06, effective 11/9/06. Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070, 46.16.276. WSR 02-16-071, § 308-96A-530, filed 8/6/02, effective 9/6/02. Statutory Authority: RCW 46.01.110, 46.16.276 and 43.17.060. WSR 00-01-151, § 308-96A-530, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.01.110. WSR 91-03-091, § 308-96A-530, filed 1/18/91, effective 2/18/91.

Wash. Admin. Code § 308-96A-545 Gold Star license plate.

(1) What is a Gold Star license plate? The Gold Star license plate recognizes the eligible family members of United States armed forces members who have died while in service to their country or as a result of such service.

(2) Who qualifies as an eligible family member of a member of the United States armed forces? Eligible family members are listed in RCW 46.18.245. For purposes of this section, a widow or widower includes the surviving member of a registered domestic partnership.

(3) Can a Gold Star plate be transferred to a new owner? No. The plate may only be transferred to a vehicle owned by the same registered owner. If the qualified applicant transfers the plate to a new motor vehicle registered to them, they are required to pay the plate transfer fee.

(4) Can a Gold Star plate be personalized? Yes. A Gold Star plate can be personalized. The customer is required to pay all fees associated with a personalized plate original purchase or renewal.

(5) Can I use a Gold Star plate on a commercial vehicle? Yes, provided the commercial vehicle is owned by a qualified applicant.

(6) Can a prorated vehicle display a Gold Star plate if the vehicle is under the name of the qualified applicant that is eligible for this plate? No per chapter 46.87 RCW.

History

Statutory Authority: RCW 46.01.110, and 46.18.020. WSR 20-07-062, § 308-96A-545, filed 3/13/20, effective 4/13/20. Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-545, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110. WSR 13-23-056, § 308-96A-545, filed 11/15/13, effective 12/16/13. Statutory Authority: RCW 46.01.110, 46.16.305 and 46.16.725. WSR 08-22-066, § 308-96A-545, filed 11/4/08, effective 12/5/08.

Wash. Admin. Code § 308-96A-550 Vehicle special collegiate license plates.

(1) What are the criteria for establishing collegiate license plates? Application for license plate series from an institution of higher education under RCW 46.18.225 may be submitted to the department through the process established in RCW 46.18.100 and 46.18.110. In addition the following criteria must be satisfied:

(a) The plates will consist of numbers, letters, colors, and a symbol or artwork approved by the department.

(b) The numbers and letters combination may not exceed seven positions.

(d) The plate design must provide at least four positions to accommodate serial numbering.

(e) The plate must not carry connotations which are offensive to good taste or decency, which may be misleading or vulgar in nature, a racial, ethnic, lifestyle, or gender slur, related to intoxicating substances or illegal activities, contrary to the department's mission to promote highway safety, or a duplication of other license plates provided in chapter 46.16A RCW.

(f) The plate must be designed so that it is legible and clearly identifiable by law enforcement personnel as an official Washington state issued license plate. A collegiate license plate design may not be issued in combination with any other license plate configuration including special, personalized, or exempt license plate(s). A collegiate license plate design may be issued in combination with a personalized plate as described in RCW 46.18.277.

(2) How is the design for a collegiate plate determined? The institution of higher education must provide a design, including color and dimension specifications of the logo requested on the special collegiate license plate series, with their application. Design services may be purchased through the department. The design must be legible and clearly identifiable as a Washington state plate to be approved by the department, Washington state patrol, and the legislature.

(3) Who may apply for the special collegiate license plate? Upon receipt of all applicable fees, the special collegiate license plate will be issued to a registered owner of the vehicle.

(4) When ownership of a vehicle issued collegiate license plates is sold, traded, or otherwise transferred, what happens to the plates? The owner may relinquish the plates to the new vehicle owner or remove the plates from the vehicle for transfer to a replacement vehicle. If the plates are removed from the vehicle, a transfer fee to another vehicle shall be charged as provided in RCW 46.17.200(1).

(5) Will any new fees be charged when the collegiate license plates are sold, traded, or otherwise transferred? If the registration expiration date for the new vehicle exceeds the old vehicle registration expiration date, an abated fee for the collegiate plate will be charged at the rate of one-twelfth of the annual collegiate plate fee for each exceeding month and partial month. If the new registration expiration date is sooner than the old expiration date, a refund will not be made for the remaining registration period.

(6) Will I be able to retain my current collegiate license plate number and letter combination if my plate is lost, defaced, or destroyed? Yes. Upon the loss, defacement, or destruction of one or both collegiate license plates, the owner will make application for new collegiate plates or other license plates and pay the fees described in RCW 46.17.200 as applicable. See note following subsection (8) of this section.

(7) How does the department define "current license plate registration"? For the purposes of this section, a current license plate registration is defined as: A registration that has not expired or a registration where it is less than one year past the expiration date.

(8) When I am required to replace my collegiate license plate, will I receive the same license plate number and letter combination? Yes. In addition to the license plate replacement fee, you may pay an additional plate retention fee to retain the same number and letter combination as shown on the current vehicle computer record as long as the plate meets a current approved license plate configuration and background.

History

Statutory Authority: RCW 46.01.110, 46.18.020. WSR 16-02-032, § 308-96A-550, filed 12/29/15, effective 1/29/16. Statutory Authority: RCW 46.01.110, 46.16A.220. WSR 15-10-005, § 308-96A-550, filed 4/22/15, effective 5/23/15. Statutory Authority: RCW 46.01.110. WSR 11-01-118, § 308-96A-550, filed 12/20/10, effective 1/20/11. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.16.276. WSR 04-08-079, § 308-96A-550, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070. WSR 03-05-082, § 308-96A-550, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. WSR 01-10-069, § 308-96A-550, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 1997 c 291. WSR 98-01-151, § 308-96A-550, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.16.301, 46.16.324 and 46.01.110. WSR 95-11-043, § 308-96A-550, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 46.01.110. WSR 91-03-091, § 308-96A-550, filed 1/18/91, effective 2/18/91.

Wash. Admin. Code § 308-96A-560 Special license plates—Criteria for creation or continued issuance.

(1) What is a special license plate series? For the purpose of this rule a special license plate series is one license plate design with a range of numbers and letter combinations to be determined by the department.

(2) What is required for an organization to apply to create a new plate through the department? The organization must submit a completed application packet, signature sheet and supporting documentation as required by law. Signature sheets must reflect that they are collected within three years of submission.

(3) What are the design criteria for a special license plate series?

(a) The jurisdiction must be located at the top of the license plate;

(b) The plate dimensions, bolt hole placement, and other features must comply with the Department's Specialty Plate Design Guide;

(c) Plate color usage must be readable by state tolling facilities or law enforcement plate readers, consistent with the department's published guidance; and

(d) Other criteria as established by the department.

(4) What criteria are used to discontinue issuing special license plates? A special license plate series may be canceled if:

(a) The department determines that fewer than 500 special license plates are purchased annually and fewer than 1,500 special license plates are purchased in any continuous three-year period. (Except those license plates issued under RCW 46.16.301, 46.16.305, and 46.16.324); or

(b) If the sponsoring organization does not submit an annual financial statement required by RCW 46.16.765 and certified by an accountant; or

(c) The legislature concurs with a recommendation from the department to discontinue a plate series created after January 1, 2003; or

(d) The state legislature changes the law allowing that plate series.

(5) What information must be contained in the annual financial report? The annual financial report must include all expenditures related to programs, fund-raising, marketing, and administrative expenses related to their special license plate(s). The report must include:

(a) The stated purpose of the organization receiving the special plate revenue;

(b) A message from the chair or director of the organization;

(d) List of special events the organization held to market their special plate for the current reporting year;

(e) A summary of financial information:

(i) Previous revenue received during current reporting year;

(ii) Total revenue received during current reporting year;

(iii) Summary of administrative expenses.

If an organization is disbursing funds through a grant program or to another nonprofit organization supporting Washington citizens, a list including the program and the organizations must be submitted which includes their name and amount received.

(6) What steps are taken by the department if the annual financial report is not submitted as required or the special plate revenue is expended for purposes other than allowed by law? The department will follow the guidelines as established in the organization's contractual agreement with the department:

(a) Send a written notice of the violations to the organization;

(b) The organization is given 30 days to correct the violation;

(7) Can an organization have more than one special plate series? No. Organizations cannot have more than one special license plate series except those issued before January 1, 2006. Those organizations that already have multiple special plate series may not have more.

An updated design of the current special license plates does not constitute more than one special plate series. The newest design supersedes the prior design. The assigned number and letter combination cannot be changed when a new plate design is created.

(8) Are tribal license plates established pursuant to RCW 46.16A.230 subject to the requirements of this section? No. Tribal license plates enacted through the compacting process described in RCW 46.16A.230 are exempt from the special license plate requirements established in this section.

History

Statutory Authority: RCW 46.01.110 and 46.18.200. WSR 23-22-022, § 308-96A-560, filed 10/20/23, effective 11/20/23. Statutory Authority: RCW 46.01.110. WSR 11-01-118, § 308-96A-560, filed 12/20/10, effective 1/20/11
WSR 08-22-067, § 308-96A-560, filed 11/4/08, effective 12/5/08
WSR 07-20-110, § 308-96A-560, filed 10/3/07, effective 11/3/07. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.16.276. WSR 04-08-079, § 308-96A-560, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. WSR 01-10-069, § 308-96A-560, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 1997 c 291. WSR 98-01-151, § 308-96A-560, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.16.301, 46.16.324 and 46.01.110. WSR 95-11-043, § 308-96A-560, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 46.01.110. WSR 93-14-083, § 308-96A-560, filed 6/30/93, effective 7/31/93
WSR 91-03-091, § 308-96A-560, filed 1/18/91, effective 2/18/91.

Wash. Admin. Code § 308-96A-570 Invalid or fraudulent DOT numbers—Cancellation of registrations.

The department will cancel any license registration issued to a motor carrier who provided invalid or fraudulent DOT number information to register a commercial motor vehicle as required in RCW 46.16.615.

History

Statutory Authority: RCW 46.01.110. WSR 09-09-109, § 308-96A-570, filed 4/21/09, effective 5/22/09.

Chapter 308-96B Special parking privileges for individuals with disabilities.

Wash. Admin. Code § 308-96B-010 Definitions—Special parking privileges for individuals with disabilities.

WAC 308-96B-010

For the purposes of determining eligibility under chapter 46.19 RCW, for special parking privileges for individuals with disabilities, the following definitions apply:

(1) "Identification card" means the identification card bearing the name and date of birth of the person to whom the placard/plate/tab is issued.

(2) "Health care practitioner" means the individual qualified to determine disability as described in RCW 46.19.010(2) for the purpose of applying for special parking privileges. Health care practitioner does not include individuals licensed in the professions of dentistry and optometry.

(3) "Permanent" means a health care practitioner has certified the qualifying disability condition is expected to last at least five years.

(4) "Privilege" means the right to utilize the benefits associated with the special parking privileges for persons with disabilities.

(5) "Resident" means an individual who manifests an intent to live or be located in this state on more than a temporary or transient basis, or an individual or dependent of an Armed Forces member who is currently stationed in the state of Washington.

(6) "Signature" means any memorandum, mark, stamp, or sign made with intent to authenticate an application for a placard/plate, or the subscription of any person.

(7) "Written authorization" means a signed statement from a qualified health care practitioner, as defined in RCW 46.19.010(3), confirming the applicant meets a qualifying condition for disabled parking privileges.

(8) "Application" means the Disabled Parking Application for Individuals form (420-073), or any other department-approved application used for the purpose of issuing disabled parking privileges.

(9) "Electronic means" includes, but is not limited to, email, a patient portal, or digital signature software.

History

Statutory Authority: RCW 46.19.010, 46.19.040, and 2026 c 257. WSR 26-16-020, s 308-96B-010, filed 7/24/26, effective 8/24/26. Statutory Authority: RCW 46.01.110, 46.19.020, 46.19.040, and 46.19.050. WSR 24-08-011, § 308-96B-010, filed 3/21/24, effective 4/21/24. Statutory Authority: RCW 46.01.110, 46.19.020, and 46.19.040. WSR 18-24-057, § 308-96B-010, filed 11/29/18, effective 12/30/18. Statutory Authority: RCW 46.12.381. WSR 07-20-111, § 308-96B-010, filed 10/3/07, effective 11/3/07. Statutory Authority: RCW 46.16.381. WSR 06-19-079, § 308-96B-010, filed 9/19/06, effective 10/20/06.

Wash. Admin. Code § 308-96B-020 General provisions.

WAC 308-96B-020

(1) Qualifications. Special parking privileges are available to Washington residents and members of the armed forces stationed in Washington. The applicant must have a qualifying disability as defined in RCW 46.19.010(1). Only qualified health care practitioners as defined in RCW 46.19.010(2) may determine qualifying disabilities.

(2) Applying for special parking privileges. For original issuance and renewals, applicants submit the following to the department or a vehicle licensing office:

(a) An application complete with:

(i) A health care practitioner's signature and certification that the applicant has a qualifying disability described in RCW 46.19.010(1);

(ii) The applicant's signature;

(b) A health care practitioner's written authorization provided either on office letterhead, prescription paper, or by electronic means described in subsection (3) of this section. The statement must include:

(i) The name of the individual eligible for special parking privileges;

(ii) Confirmation the individual has a qualifying condition;

(iii) The health care practitioner's signature.

(3) Submitting application documents. Except as required in (b) of this subsection, applications and authorizations may be originals or copies.

(a) A completed application printed on the health care practitioner's letterhead or prescription paper fulfills the requirement of subsection (2)(a) and (b) of this section.

(b) Any written authorization or application completed on prescription paper must be original.

(c) Health care practitioners may provide the following documents to the applicant by electronic means of their choosing:

(i) Written authorization unless completed on prescription paper;

(ii) The application.

(d) All electronic documents must contain a manual or electronic signature by the health care practitioner and applicant.

(4) Other acceptable signatures. An authorized representative of the applicant may sign the application if the applicant is a minor or unable to sign. The application must be accompanied by a copy of one of the following:

(a) A power of attorney;

(b) A Washington state court order or certification from the clerk of court confirming the court's action; or

(c) A declaration under penalty of perjury explaining why the applicant is unable to sign and explaining the signing person's association with the applicant. Example: Signature, Jane Doe, daughter.

(5) Parking privilege identification card. An identification card is issued to verify the individual has been granted parking privileges. The identification card must be available for display to law enforcement or parking enforcement officials.

Recent applicants who have not yet received the identification card may show the receipt they received at the time of application when requested.

(6) Duration of parking privileges.

(a) Temporary privileges are valid for the number of months authorized by the health care practitioner, up to 12 months. Expirations are determined from the date of authorization by the health care practitioner. The privilege is valid until the last day of the month of expiration.

(b) Permanent privileges are issued for five years from the date of authorization by the health care practitioner. The privilege is valid until the last day of the month of expiration.

(7) Renewing parking privileges.

(a) For a temporary privilege, if the condition continues beyond the expiration date, individuals must apply for a new privilege as described in WAC 308-96B-020(2).

(b) For a permanent privilege, the department will mail a notice before the privilege expires.

Individuals must apply for a new privilege as described in WAC 308-96B-020(2).

(8) Replacing parking placards or identification cards. To replace a parking placard or identification card, complete and sign a replacement form authorized by the department. A new parking placard or identification card will be issued, indicating the original expiration date. The placard or identification card being replaced are no longer valid and should be destroyed if located.

(9) Expired placard and identification card. Placards or identification cards no longer valid should be destroyed.

History

Statutory Authority: RCW 46.19.010, 46.19.040, and 2026 c 257. WSR 26-16-020, s 308-96B-020, filed 7/24/26, effective 8/24/26. Statutory Authority: RCW 46.01.110, 46.19.020, 46.19.040, and 46.19.050. WSR 24-08-011, § 308-96B-020, filed 3/21/24, effective 4/21/24. Statutory Authority: RCW 46.01.110, 46.19.020, and 46.19.040. WSR 18-24-057, § 308-96B-020, filed 11/29/18, effective 12/30/18. Statutory Authority: RCW 46.12.381. WSR 07-20-111, § 308-96B-020, filed 10/3/07, effective 11/3/07. Statutory Authority: RCW 46.16.381. WSR 06-19-079, § 308-96B-020, filed 9/19/06, effective 10/20/06.

Wash. Admin. Code § 308-96B-030 Special parking privileges for persons with disabilities for organizations.

(1) When can a qualifying organization use disabled parking license plate or parking placard? Qualifying organizations may only use a disabled parking license plate or parking placard when transporting any person who meets the criteria under chapter 46.19 RCW.

(2) How does a qualifying organization apply for special parking privileges for persons with disabilities? The organization must submit a completed application with appropriate documentation as indicated on the application.

(3) What does a qualifying organization receive when approved for parking privileges?

(a) Disabled parking license plates. These may be issued for vehicles registered to the organization; or

(b) Parking placard(s). These may be used only when the vehicle in which they are displayed is transporting persons who have or would qualify for the parking privilege.

(4) Is a qualifying organization issued an identification card? No.

(5) When do the disabled parking license plates or placard(s) for organizations expire? The placard expires five years from the date of issuance, on the last day of the month specified on the placard.

(6) When are the disabled parking license plates and/or placard(s) no longer valid? The individual with disabled parking license plates are no longer valid when:

(a) The plates/placard(s) expire;

(b) The privilege expires;

(d) The disabled parking license plates/placard(s) have been canceled by department administrative action;

(e) The organization no longer qualifies;

(f) The organization's business license is canceled or expires; or

(g) If the privilege was issued in error.

(7) How does an organization replace placards or disabled parking license plates if they become lost, mutilated, destroyed, or stolen? The organization must complete and sign a department form explaining what happened to the placard or plate. A replacement placard or disabled parking license plate will be issued indicating the original expiration date.

(8) How does an organization renew its permanent parking placard(s)? The department will send a notice to the organization before the privilege expires. The organization must submit a completed application with appropriate documentation as indicated on the application.

(9) Does an organization qualify for disabled parking license plate tabs? No.

History

Statutory Authority: RCW 46.01.110, 46.19.020, and 46.19.040. WSR 18-24-057, § 308-96B-030, filed 11/29/18, effective 12/30/18. Statutory Authority: RCW 46.16.381. WSR 06-19-079, § 308-96B-030, filed 9/19/06, effective 10/20/06.

Chapter 308-97 Vehicle license interstate and intransit permits.

Wash. Admin. Code § 308-97-011 Definitions.

"Motor carrier" means an entity engaged in the transportation of goods or persons. The term includes a for-hire motor carrier, private motor carrier, contract motor carrier, or exempt motor carrier.

History

Statutory Authority: RCW 46.16.160. WSR 06-06-087, § 308-97-011, filed 3/1/06, effective 4/1/06
WSR 04-01-163, § 308-97-011, filed 12/22/03, effective 1/22/04. Statutory Authority: RCW 46.16.160 and 88.38.100. WSR 00-07-053, § 308-97-011, filed 3/8/00, effective 4/8/00.

Wash. Admin. Code § 308-97-125 Display of trip permits.

How is a trip permit displayed?

The vehicle display copy of the trip permit must be displayed as indicated below. Locations for display are indicated in relation to the vehicle driver when seated in the vehicle.

(1) Passenger cars, neighborhood electric vehicles (NEV), small trucks and campers: Affix permit to the inside lower left corner of the rear window, upright so that it may be easily read.

(2) Trucks, tractors, truck tractors and motor homes: Affix permit to the inside lower right corner of the windshield.

(3) Trailers, semi-trailer, motorcycles and mopeds: Permit must be in possession of the vehicle operator (driver) or driver of the power unit pulling it.

(4) If display of the permit as prescribed above would obstruct the operator's vision, the permit will be displayed in an alternate location, which is visible from outside the vehicle and does not obstruct the operator's view.

History

Statutory Authority: RCW 46.16.160. WSR 04-01-163, § 308-97-125, filed 12/22/03, effective 1/22/04
WSR 98-23-026, § 308-97-125, filed 11/9/98, effective 12/10/98
WSR 81-16-010 (Order DOL 634), § 308-97-125, filed 7/24/81.

Wash. Admin. Code § 308-97-230 Appointment of vehicle trip permit agents.

(1) Who can sell vehicle trip permits?

Government agencies and nongovernmental organizations, including:

(a) Department of transportation;

(b) Department of licensing;

(d) Vehicle licensing offices; and

(e) Private businesses approved by the department of licensing.

(2) How does a private business obtain approval to sell vehicle trip permits?

(a) Apply to the department of licensing;

(b) Enter into a written agreement with the department;

(d) Provide fee schedule if issuing permits electronically.

(3) How does a private business obtain an application to sell vehicle trip permits?

Obtain an application form from the department of licensing, prorate and fuel tax section.

(4) What are you required to do under the agreement?

You are required to:

(a) Pay fees on time;

(b) Make your records available for audit;

(d) Maintain records of transmittals for a period of four calendar years and have these records available to the department during business hours;

(e) Send transmittals to the department on a bimonthly basis. Transmittals must be included with the appropriate fees; and

(f) Pay the department for any unaccounted for permit(s).

(5) What are the requirements of a surety bond?

The bond must:

(a) Be on a form provided by the department of licensing; and

(b) Meet the requirements of chapter 48.28 RCW for a corporate surety bond; and

(d) Be payable to the state of Washington; and

(e) Be conditioned upon the performance of all the requirements of this section and RCW 46.16.160; and

(f) Require payment of all permit fees, audit assessments, interest and penalties; and

(g) Be equal to the value of vehicle trip permits issued to the agent by the department.

(6) How can vehicle trip permits be issued?

Permits can be issued in original form or, by fax, or electronic means.

(7) If the permit is issued by fax or other electronic means, can an additional fee be collected?

Yes. As long as the fee does not exceed that listed on the schedule filed with the department.

(8) What happens if you fail to comply with the agreement?

The department can revoke your appointment if you have violated any provisions of the agreement. Upon notice you must return all remaining vehicle trip permits and all money owed to the department.

History

Statutory Authority: RCW 46.16.160. WSR 06-06-087, § 308-97-230, filed 3/1/06, effective 4/1/06
WSR 04-01-163, § 308-97-230, filed 12/22/03, effective 1/22/04. Statutory Authority: RCW 46.01.110 and chapter 82.44 RCW. WSR 01-17-085, § 308-97-230, filed 8/17/01, effective 9/17/01. Statutory Authority: RCW 46.16.160. WSR 98-23-026, § 308-97-230, filed 11/9/98, effective 12/10/98
WSR 81-16-010 (Order DOL 634), § 308-97-230, filed 7/24/81. Statutory Authority: RCW 46.01.110. WSR 80-13-001 (Order DOL 591), § 308-97-230, filed 9/4/80.

Chapter 308-99 Vehicle reciprocity.

Wash. Admin. Code § 308-99-020 Definitions.

(1) What is a resident? For the purposes of this section, a resident is a natural person who lives or shows intent to live in this state on more than a temporary or transient basis.

You will be presumed a resident if you meet one of the following:

(a) You are a registered voter in this state; or

(b) You receive benefits under one of the Washington public assistance programs; or

(c) You declare that you are a resident for the purpose of obtaining a state driver's license, a hunting or fishing license or tuition fees at resident rates.

A natural person may be a resident of this state even though that person has or claims residency or domicile in another state or intends to leave this state at some future time. A natural person will be presumed a resident if at least two of the following conditions are met:

(i) You maintain a residence in this state for personal use;

(ii) You have a Washington state driver's license or a Washington state resident hunting or fishing license;

(iii) You use a Washington state address for federal income tax or state tax purposes;

(iv) You have previously maintained a residence in this state for personal use and have not established a permanent residence outside the state of Washington (for example, a person who retires and lives in a motor home or vessel which is not permanently attached to any property);

(v) You claim this state as residence for obtaining eligibility to hold a public office or for judicial actions;

(vi) You are a custodial parent with a child attending public schools in this state.

The department may consider factors other than those listed in this subsection to determine that a person intends to be located in or be a resident of this state. However, the department may not consider those factors alone to presume residency.

A natural person who is a resident of Washington may not form a corporation, trust or other entity in another jurisdiction for the purpose of evading Washington vehicle registration.

(2) Who are "military personnel"? "Military personnel" means active duty members of the United States armed forces including the United States Coast Guard, Army, Navy, Marines, Air Force, commissioned officers of the public health service, personnel from National Oceanographic and Atmospheric Agency, and members of foreign military organizations assigned to this state on official duty. Coast guard personnel living in Washington and assigned to duty in the Portland area are also entitled to a nonresident military exemption.

(3) What is a "jurisdiction"? "Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, or a state or province of a country.

(4) What is "reciprocity"? "Reciprocity" means an agreement with another jurisdiction granting mutual benefits, privileges, or exemptions from payment of vehicle registration fees. Reciprocity will only be extended to vehicles that are properly registered in another jurisdiction.

(5) What is a "Washington public assistance program"? "Washington public assistance program" is defined in RCW 46.16.028.

(6) What is a "natural person"? For the purpose of this section, a "natural person" is a human being, as distinguished from an artificial person created by law.

History

Statutory Authority: RCW 46.01.110. WSR 05-01-048, § 308-99-020, filed 12/7/04, effective 1/7/05
WSR 00-20-064, § 308-99-020, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 46.01.110, 46.16.276 and 46.85.060 as amended by 1987 c 142 § 4. WSR 87-21-013 (Order TL/RG 37), § 308-99-020, filed 10/9/87. Statutory Authority: RCW 46.85.060, 46.16.028 and 46.01.110. WSR 86-14-016 (Order TL/RG 26), § 308-99-020, filed 6/24/86. Statutory Authority: RCW 46.85.060. WSR 85-20-080 (Order TL/RG 17), § 308-99-020, filed 9/30/85. Statutory Authority: 1982 c 227 § 18 et seq. WSR 83-19-009 (Order 729-DOL), § 308-99-020, filed 9/9/83. Formerly WAC 410-20-020.

Wash. Admin. Code § 308-99-040 Restrictions and conditions.

May a vehicle properly licensed or registered in another jurisdiction be operated in Washington without further registration requirements? Yes, as provided in RCW 46.85.060 and 46.85.080 the following conditions and restrictions apply:

(1) Nonresident students: The student must be in full-time attendance at a college or university in Washington accredited by the Northwest Association of Schools and Colleges or at a private vocational school as that term is defined by RCW 28C.10.020(7) and maintain their legal home of record at a location outside the state of Washington. Vehicles must be registered in the student's or in the name of their parent or legal guardian in the resident state of record. The student must carry documentation issued by the college, university or vocational school that readily establishes the nonresident status. Employment incidental to the full-time student status is permitted. The spouse of a nonresident student has the same licensing privilege as long as the vehicle is registered to the student or jointly to the student and spouse, regardless of the spouse's legal residence or employment.

(2) Nonresident military personnel: Vehicles must be currently registered in the name of the military person at their official home of record. A vehicle licensed at the last duty station may be operated until the current registration expires at which time the vehicle must be licensed in the military person's home of record or in Washington. The spouse of a nonresident military person has the same licensing privilege as long as the vehicle is registered to the military person or jointly to the military person and spouse, regardless of the spouse's legal residence or employment.

(3) Borrowed vehicle: A borrowed vehicle currently licensed in another jurisdiction may be operated by a Washington resident for a period not to exceed ten days in any one calendar year. If the period of use exceeds ten days the vehicle must be registered and licensed in Washington. This provision does not apply to business vehicles.

(4) Vehicles undergoing repairs: Commercial vehicles having a gross weight or combined gross weight of over 26,000 pounds and properly registered and licensed in another state or Canadian Province may enter Washington for purposes of repair under the following conditions:

(a) The vehicle must enter the state unladen and proceed immediately to the repair facility.

(b) The vehicle must immediately leave the state, unladen, upon completion of repairs.

(d) The repair facility must be located within fifteen miles of the Washington border.

(e) While in Washington, the vehicle must carry the following documentation:

(i) An "out-of-state vehicle repair statement of fact." Blank forms are available from the department of licensing internet site at www.gov.wa/dol.

(ii) A copy of the vehicle repair work order issued by the repair facility before the vehicle enters Washington.

(f) The repair facility must maintain a copy of the "out-of-state vehicle repair statement of fact" and vehicle repair work order for a period of five years. The repair facility must make the forms available for inspection by state agency representatives.

History

Statutory Authority: RCW 46.01.110. WSR 05-01-048, § 308-99-040, filed 12/7/04, effective 1/7/05. Statutory Authority: RCW 46.85.060. WSR 03-04-092, § 308-99-040, filed 2/4/03, effective 3/7/03. Statutory Authority: RCW 46.01.110. WSR 00-20-064, § 308-99-040, filed 10/3/00, effective 11/3/00. Statutory Authority: RCW 46.01.110, 46.16.276 and 46.85.060 as amended by 1987 c 142 § 4. WSR 87-21-013 (Order TL/RG 37), § 308-99-040, filed 10/9/87. Statutory Authority: RCW 46.01.110. WSR 87-01-029 (Order 800-DOL), § 308-99-040, filed 12/11/86. Statutory Authority: RCW 46.85.060. WSR 86-02-056 (Order TL-RG-22), § 308-99-040, filed 12/31/85
WSR 85-20-080 (Order TL/RG 17), § 308-99-040, filed 9/30/85. Statutory Authority: 1982 c 227 § 18 et seq. WSR 83-19-009 (Order 729-DOL), § 308-99-040, filed 9/9/83. Formerly WAC 410-20-040.

Wash. Admin. Code § 308-99-060 Reciprocity for leased and rented vehicles.

Is there vehicle license reciprocity for rental or leased vehicles? Yes, unless there is an agreement or arrangement to the contrary. The classes of vehicles and circumstances indicated below are eligible for reciprocity:

(1) Passenger cars and motor homes currently and properly registered in another jurisdiction will be granted vehicle license reciprocity in this state if:

(a) The vehicle was rented by the vehicle operator from a location outside of the state of Washington;

(b) The vehicle was dropped off in Washington by the previous renter and is being rented for a one-way trip out of Washington; or

(2) Trailers and semi-trailers with a gross vehicle weight in excess of 6,000 pounds, trucks, truck tractors, tractors, and road tractors that are currently and properly registered in other jurisdictions will be granted vehicle license reciprocity in this state if:

(a) The vehicle is rented from a location within another jurisdiction; and

(b) The actual vehicle registration certificate (cab card) or a photo copy of the vehicle registration certificate and a copy of the rental agreement is carried in the rental vehicle or in the vehicle providing the motive power for a combination of vehicles.

History

Statutory Authority: RCW 46.01.110. WSR 05-01-048, § 308-99-060, filed 12/7/04, effective 1/7/05
WSR 00-20-064, § 308-99-060, filed 10/3/00, effective 11/3/00.

Chapter 308-100 Drivers' licenses—Special provisions.

Wash. Admin. Code § 308-100-005 Definitions.

WAC 308-100-005

The definitions of this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Behind-the-wheel (BTW) range training" means training provided by a BTW instructor when a student has actual control of the power unit during a driving lesson conducted for backing, street driving, and proficiency development. BTW range training does not include time a student spends observing the operation of a CMV when they are not in control of the vehicle.

(2) "Behind-the-wheel (BTW) instructor" means an individual who provides BTW training involving the actual operation of a CMV by a student on a range or a public road and meets one of these qualifications:

(a) Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least two years of experience driving a CMV requiring a CDL of the same or higher class and/or the same endorsement and meets all applicable state qualification requirements for CMV instructors; or

(b) Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least two years of experience as a BTW CMV instructor and meets all applicable state qualification requirements for CMV instructors.

(c) Exception applicable to (a) and (b) of this definition: A BTW instructor who provides training solely on a range which is not a public road is not required to hold a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided, as long as the instructor previously held a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided, and complies with the other requirements set forth in (a) or (b) of this definition.

(d) If an instructor's CDL has been canceled, suspended, or revoked due to any of the disqualifying offenses identified in C.F.R. 383.51, the instructor is prohibited from engaging in BTW instruction for two years following the date their CDL is reinstated.

(3) "Certified test route" means:

(a) Test route that is approved and assigned by the department.

(b) The areas for completing the pretrip inspection, basic controls and road test as approved by the department for the administration of a commercial driver license skills test.

(4) "Classroom" means a space dedicated to and used exclusively by an instructor for the instruction of students. With prior department approval, a classroom may be located within alternative facilities, such as a public or private library, school, community college, college or university, public agency, or a business training facility. "Classroom," may also include a virtual classroom environment when video conferencing technology is capable of two-way communication between the instructor and all students.

(5) "Classroom/theory instruction" means knowledge instruction on the operation of a CMV and related matters provided by a theory instructor through lectures, demonstrations, audiovisual presentations, computer-based instruction, driving simulation devices, or similar means. Instruction occurring outside a classroom is included if it does not involve actual operation of a commercial motor vehicle and its components by the student.

(6) "Commercial driver license (CDL) third-party examiner" means a person or entity that is authorized by the state to administer commercial driver's license (CDL) skills tests.

(7) "Course cost" means the price charged for a course offering before any taxes, subsidies, discounts, or other price reductions or additional fees.

(8) "Demonstration of proficiency" means driver-trainee must demonstrate proficiency in required skills over time. Demonstration of proficiency of state and federal entry level driver training standards is not met by the completion of minimum hours of training. Nor is it limited to a single standardized assessment result.

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

(10) "Employee" means any operator of a commercial motor vehicle, including full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner operator contractors, while in the course of operating a commercial motor vehicle, who are either directly employed by or under lease to an employer.

(11) "Employer" means a person or entity that hires one or more individuals to operate a commercial motor vehicle on a regular basis during their normal course of employment and whose primary purpose is not to train operators of commercial motor vehicles.

(12) "English proficiency" means applicants for a commercial motor vehicle skills test must be able to understand and respond to verbal commands and instructions in English by a skills test examiner per 49 C.F.R. 383.133(5).

(13) "Entry-level driver training schools for commercial driver licenses (CDL)" means an entity that is approved by the department, to provide training as required by RCW 46.25.060 (1)(a)(ii).

(14) "Hour," as used in connection with training requirements, means no less than 50 minutes of training or instruction.

(15) "Instructor-led" means person-to-person learning where students can ask questions, receive feedback in real-time, and interaction and discussion are enabled. Some classroom instruction may include self-paced, online components as authorized and certified by the department of licensing. Completely self-paced, online training courses are not authorized.

(16) "Lab" means a teaching environment involving a nonmoving vehicle for hands on instruction supported by classroom material.

(17) "License or endorsement test" means a skills test that is required to obtain a commercial learner's permit, commercial driver license, or endorsement.

(18) "Observation" means the careful watching, as a passenger in a commercial motor vehicle, of street driving during the hours of course instruction, recording lessons learned and applying classroom material.

(19) "Proficiency development" means driving exercises that will allow more time to develop the skills needed to demonstrate proficiency, competence, and confidence in the street driving and backing maneuvers portions of a course.

(20) "Proficiency-based learning" means:

(a) Learning outcomes emphasize competencies that include application and creation of knowledge along with the development of skills and abilities;

(b) Competency criteria and standards are explicit, measurable, transferable learning objectives that equip driver-trainees with necessary knowledge, skills, and abilities;

(d) Driver-trainees receive rapid, differentiated support based on their individual learning needs; and

(e) Driver-trainees are given specific and actionable feedback that allows them to advance upon demonstrated proficiency of content in all required areas of the curriculum.

(21) "Range" means an area closed from the public where driving activities are practiced, free of obstructions, enables the driver to maneuver safely and free from interference from other vehicles and hazards, and has adequate sight lines.

(22) "Street driving" means driving a commercial motor vehicle on a public road, where the traffic laws are enforced, consisting of city street, country road, and freeway driving.

(23) "Theory instructor" means an individual who provides knowledge instruction on the operation of a CMV and meets one of these qualifications:

(a) Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least two years of experience driving a CMV requiring a CDL of the same (or higher) class and/or the same endorsement and meets all applicable state qualification requirements for CMV instructors; or

(c) Exceptions applicable to (a) and (b) of this definition: An instructor is not required to hold a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided, if the instructor previously held a CDL of the same (or higher) class and complies with the other requirements set forth in (a) or (b) of this definition.

(d) If an instructor's CDL has been canceled, suspended, or revoked due to any of the disqualifying offenses identified in C.F.R. 383.51, the instructor is prohibited from engaging in theory instruction for two years following the date their CDL is reinstated.

(24) "Training institute/provider" means an entity that is approved by the department, to provide training as required by RCW 46.25.060 (1)(a)(ii):

(a) An institution of higher learning accredited by the Northwest Association of Schools and Colleges or by an accrediting association recognized by the higher education board;

(b) A licensed private vocational school as that term is defined by RCW 28C.10.020(7);

(c) An entity in another state that the department has determined provides training or instruction equivalent to that required under WAC 308-100-033 or 308-100-035; or

(d) An entity that the state has determined provides on-site contracted training or instruction equivalent to that required under WAC 308-100-033.

(25) "Without a CDL" means any period of cancellation, expiration, revocation, surrender, or suspension.

History

Statutory Authority: RCW 46.01.110, 46.20.202, and 46.25.140. WSR 26-15-017, s 308-100-005, filed 7/7/26, effective 8/7/26. Statutory Authority: 2023 c 445 and RCW 46.01.110. WSR 25-01-054, s 308-100-005, filed 12/11/24, effective 1/11/25. Statutory Authority: RCW 46.01.110 and 2023 c 57. WSR 23-23-180, § 308-100-005, filed 11/22/23, effective 12/23/23. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-005, filed 12/17/18, effective 1/17/19. Statutory Authority: RCW 46.01.110, 46.25.060, and 46.25.140. WSR 08-16-017, § 308-100-005, filed 7/25/08, effective 8/25/08.

Wash. Admin. Code § 308-100-010 Vehicles requiring a commercial driver's license for their operation.

The director of the department of licensing hereby finds that the following vehicles require special operating skills by the drivers of those vehicles:

(1) Single vehicles with a gross vehicle weight rating (GVWR) of 26,001 pounds or more;

(2) Any combination of vehicles where:

(a) The vehicle being driven has a GVWR of 26,001 pounds or more; or

(b) The vehicle being towed has a GVWR of 10,001 pounds or more and the gross combination weight rating (GCWR) of the vehicles is 26,001 pounds or more;

(3) Vehicles designed to transport sixteen or more passengers, including the driver;

(4) Vehicles used in the transportation of hazardous materials that requires the vehicle to be identified with a placard under 49 C.F.R., part 172, subpart F; and

(5) All public school buses, regardless of capacity.

All persons driving such vehicles, other than those exempt under RCW 46.25.050, must have a commercial driver's license with the proper classification(s) and endorsements.

As used in this section, "gross vehicle weight rating" has the meaning defined by RCW 46.25.010(12).

History

Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-010, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 46.25.140. WSR 90-17-028, § 308-100-010, filed 8/8/90, effective 9/8/90. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-010, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.01.110. WSR 87-19-129 (Order DS 3), § 308-100-010, filed 9/22/87
WSR 82-03-046 (Order 668 DOL), § 308-100-010, filed 1/19/82
Order 106 MV, § 308-100-010, filed 8/17/71
Order 691101, § 308-100-010, filed 11/26/69
Order 1, § 308-100-010, filed 1/5/68.

Wash. Admin. Code § 308-100-020 Commercial driver's license—Eligibility.

(1) Any person who is at least 18 years of age and who meets the requirements of chapter 46.25 RCW may apply to the department for a commercial driver's license.

(2) For the purposes of clarifying when a CDL cannot be issued to citizens of Canada or Mexico:

(a) A driver who is a citizen of Canada or Mexico must be a resident of Washington, and either be a citizen of the U.S. or have an unexpired Permanent Resident (Green) Card (Form I-551) to obtain a Washington CDL.

(b) A driver who is a citizen of Canada or Mexico that is a resident of Washington but only has an employment authorization document cannot be issued a Washington or nondomiciled CDL.

(c) A driver who meets the criteria for Deferred Action for Childhood Arrivals as defined at 8 C.F.R. Part 236, Subpart C is eligible for a nondomiciled CDL.

History

Statutory Authority: RCW 46.25.140. WSR 25-10-095, s 308-100-020, filed 5/6/25, effective 6/6/25. Statutory Authority: RCW 46.01.110 and 2023 c 57. WSR 23-23-180, § 308-100-020, filed 11/22/23, effective 12/23/23. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-020, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-020, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.01.110. WSR 82-03-046 (Order 668 DOL), § 308-100-020, filed 1/19/82
Order 106 MV, § 308-100-020, filed 8/17/71
Order 1, § 308-100-020, filed 1/5/68.

Wash. Admin. Code § 308-100-033 Minimum training requirements.

(1) Approval for a course of instruction in the operation of a commercial motor vehicle will only be granted if the course of instruction:

(a) Is provided by, and under the direct supervision of, a training provider that has an application with the department approving the course of instruction offered by the training provider. Beginning on February 7, 2022, the training provider must also be listed on the Federal Motor Carrier Safety Administration's Training Provider Registry that is established under 49 C.F.R. 380.700; and

(b) Class A course - Minimum requirements for approval: A course of instruction for students seeking a class A CDL must follow the class A training curriculum defined in C.F.R. Appendix A to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Forty hours of classroom instruction;

(ii) Eighteen hours of street driving training;

(iii) Sixteen hours of training in backing maneuvers;

(iv) Sixteen hours of proficiency development; and

(v) Seventy hours of combined lab training, range training, and observation.

(c) Class B course - Minimum Requirements: A course of instruction for students seeking a class B CDL must follow the class B training curriculum defined in C.F.R. Appendix B to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Forty hours of classroom instruction;

(ii) Fourteen hours of street driving training;

(iii) Eight hours of training in backing maneuvers;

(iv) Eight hours of proficiency development; and

(v) Ten hours of combined lab training, range training, and observation.

(d) Class C course - Minimum requirements: A course of instruction for students seeking a class C CDL must follow the class B training curriculum defined in C.F.R. Appendix B to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Forty hours of classroom instruction;

(ii) Fourteen hours of street driving training;

(iii) Eight hours of training in backing maneuvers;

(iv) Eight hours of proficiency development; and

(v) Ten hours of combined lab training, range training, and observation.

(e) Upgrade from either class B or C to class A - Minimum requirements: A course of instruction for students seeking to upgrade from a class B or C to a class A must follow the class A behind the wheel training curriculum defined in C.F.R. Appendix A to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Eighteen hours of street driving training;

(ii) Sixteen hours of training in backing maneuvers;

(iii) Sixteen hours of proficiency development; and

(iv) Thirty hours of combined lab training, range training, and observation.

(f) Upgrade from a class C to class B - Minimum requirements: A course of instruction for students seeking to upgrade from a class C to a class B must follow the class B behind the wheel training curriculum defined in C.F.R. Appendix B to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Fourteen hours of street driving training;

(ii) Eight hours of training in backing maneuvers;

(iii) Eight hours of proficiency development; and

(iv) Ten hours of combined lab training, range training, and observation.

(g) Passenger endorsement - Minimum requirements: A course of instruction for students seeking a passenger endorsement must follow the passenger endorsement training curriculum defined in C.F.R. Appendix C to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Four hours of classroom/theory instruction;

(ii) Ten hours of proficiency development.

(h) School bus endorsement - Minimum requirements: A course of instruction for students seeking a school bus endorsement must follow the school bus endorsement training curriculum defined in C.F.R. Appendix D to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Twenty hours of classroom/theory instruction;

(ii) Ten hours of proficiency development.

(i) Passenger and school bus endorsement - Minimum requirements: A course of instruction for students seeking a passenger and school bus endorsement must follow the passenger and school bus endorsement training curriculum defined in C.F.R. Appendix C and D to Part 380 as it existed on the (effective date of the WAC). The course must include not less than:

(i) Twenty hours of classroom/theory instruction;

(ii) Ten hours of proficiency development.

(j) Hazardous material endorsement - Minimum requirements: A course of instruction for students seeking a HAZMAT endorsement must follow the hazardous material endorsement training curriculum defined in C.F.R. Appendix E to Part 380 as it existed on the (effective date of the WAC). The course must include not less than: Sixteen hours of classroom/theory instruction;

(k) In addition to the class A, B, and C curriculum as defined above, each class room training must include a minimum thirty minute section on "Truckers Against Trafficking."

(2) Students must complete all portions of the training within one year of completing the first portion.

History

Statutory Authority: RCW 46.01.110 and 46.25.085. WSR 20-19-032, § 308-100-033, filed 9/9/20, effective 10/10/20
WSR 20-02-087, § 308-100-033, filed 12/30/19, effective 1/30/20. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-033, filed 12/17/18, effective 1/17/19. Statutory Authority: RCW 46.01.110, 46.25.060, and 46.25.140. WSR 08-16-017, § 308-100-033, filed 7/25/08, effective 8/25/08.

Wash. Admin. Code § 308-100-034 Demonstrated proficiency.

For the purposes of establishing the definition of demonstrated proficiency, where and how proficiency is assessed, and procedures for reporting to the department.

(1) Per WAC 308-100-033 and 49 C.F.R. Part 380, training providers must determine and document that each driver-trainee has demonstrated proficiency in all elements of behind-the-wheel (BTW) curriculum, unless otherwise noted. Proficiency-based learning must be used to teach and determine driver-trainees' basic vehicle control skills, mastery of basic maneuvers, and public road operation, as covered in 49 C.F.R. 383.111 and 383.113, necessary to operate the vehicle safely.

(a) Consistent with the definitions of BTW range training and BTW public road training in 49 C.F.R. 380.605, a simulation device cannot be used to conduct such training or to demonstrate proficiency.

(b) Training providers must document the actual number of clock hours each driver-trainee spends to complete the BTW curriculum.

(i) Hazard perception;

(ii) Railroad (RR) highway grade crossing;

(iii) Night operation;

(iv) Extreme driving conditions;

(v) Skid control/recovery, jackknifing, and other emergencies.

(2) Training providers must adopt a written policy for driver-trainee demonstration of proficiency.

(3) Training providers shall use a learning standards rubric, provided by the department, in addition to federally determined learning standards as criteria when making decisions regarding driver-trainee demonstration of proficiency. Training providers shall provide proficiency standards to driver-trainees in writing at the time of enrollment.

(4) Training providers shall document successful demonstration of proficiency in all required areas of the curriculum prior to submitting a course completion to the department. Documentation must include the date, time, and location of the assessment, means of assessment used, and identification of staff who conducted the assessment of proficiency.

(5) In complying with subsections (3) and (4) of this section, training providers may use any form of documentation, provided that it is sufficient to demonstrate that trainees have been evaluated on the learning standards covered by the rubric provided by the department.

(6) Training providers must determine any potential driver-trainee has the basic skills necessary to complete and benefit from the program including, but not limited to, determining English proficiency as defined in WAC 308-100-005. Training providers subject to WAC 490-105-140 and RCW 28C.10.050 (1)(g), must conform to additional requirements from the workforce training and education coordinating board.

History

Statutory Authority: RCW 46.01.110 and 2023 c 57. WSR 23-23-180, § 308-100-034, filed 11/22/23, effective 12/23/23.

Wash. Admin. Code § 308-100-035 Employer certification.

(1) An employer may train its employees on the skills and training necessary to operate a commercial motor vehicle in accordance with course of instruction required in WAC 308-100-033, with the exception of the minimum required hours. The training must be relevant to the classification or endorsements of commercial motor vehicle that the employee is licensed to operate.

(2) The certification of training completion must be provided to the department electronically according to WAC 308-100-036. An employer may only submit completion of training to operate a commercial motor vehicle safely if the employee has successfully completed training with a training provider listed on FMCSA's Training Provider Registry established under 49 C.F.R. 380.700.

(3) The department must receive an electronic notification of successful completion prior to an employee taking a skills test.

History

Statutory Authority: RCW 46.01.110 and 2023 c 57. WSR 23-23-180, § 308-100-035, filed 11/22/23, effective 12/23/23. Statutory Authority: RCW 46.01.110 and 46.25.085. WSR 20-19-032, § 308-100-035, filed 9/9/20, effective 10/10/20. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-035, filed 12/17/18, effective 1/17/19. Statutory Authority: RCW 46.01.110, 46.25.060, and 46.25.140. WSR 08-16-017, § 308-100-035, filed 7/25/08, effective 8/25/08.

Wash. Admin. Code § 308-100-036 Reporting training results.

(1) A training provider and employer must provide electronic notification to the department when a student successfully completes a course of instruction described in WAC 308-100-033 for schools and WAC 308-100-035 for employers.

(2) The notification of course completion must consist of:

(a) A certification that the student/employee demonstrated proficiency in all elements of the curriculum required in subsection (1) of this section;

(b) Driver license number;

(d) Type of training;

(e) Classroom hours completed;

(f) Backing hours completed;

(g) Street driving hours completed;

(h) Proficiency hours completed;

(i) Range hours completed;

(j) Course start date;

(k) Course completion date; and

(l) Instructor.

(3) The department must receive an electronic notification of successful completion prior to a student/employee taking a skills test.

(4) All entry-level driver training schools for commercial driver licenses and commercial driver license third-party examiners must report the following information to the department at time of license or contract application, license or contract renewal, and no less than once per year unless otherwise specified in this or another chapter:

(a) Name of business;

(b) Location(s) where services are provided, in standard USPS format;

(i) Phone number;

(ii) Email address;

(iii) Website (if applicable);

(d) Language(s) services are offered in;

(e) All course offerings;

(f) Course cost; and

(g) License or endorsement test offerings.

History

Statutory Authority: 2023 c 445 and RCW 46.01.110. WSR 25-01-054, s 308-100-036, filed 12/11/24, effective 1/11/25. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-036, filed 12/17/18, effective 1/17/19.

Wash. Admin. Code § 308-100-040 Examination requirement for commercial driver's license.

(1) Persons applying for a commercial driver's license are required to pass a written examination testing their knowledge of commercial motor vehicle laws, rules of the road, and operating characteristics of the class and/or endorsement of vehicles for which they are seeking the commercial driver's license. Applicants are required to successfully demonstrate operating skills for the class of vehicle and endorsement(s) for which they seek the commercial driver's license.

(2) Knowledge and skills test scores are valid according to the following conditions:

(a) Double/triple and HAZMAT knowledge tests are valid for 180 days.

(b) General knowledge, passenger, school bus, air brake, and combination tests are valid for 180 days or through one CLP renewal cycle not to exceed one year (365 days) from the initial issuance.

(c) Tanker knowledge tests are only valid for 180 days unless the endorsement has been added to a valid commercial learner's permit. When the endorsement is added to the permit, the test scores shall be valid for 180 days or through one CLP renewal cycle not to exceed one year (365 days) from the initial issuance.

(d) Skills tests scores for passed segments of the test are only valid during the initial issuance of the CLP. The renewal of a CLP nullifies any previously passed test segment scores.

(e) Excepting knowledge tests in (a) and (c) of this subsection, knowledge test scores remain valid when a CLP is renewed once for an additional 180 days not to exceed one year (365 days) from the initial issuance. Any subsequent CLP issuance or renewal requires retesting in all relevant knowledge areas.

(3) The department will conduct knowledge and skills examinations that at a minimum meet the requirements of 49 C.F.R. 383.133, as it existed on (effective date of WAC).

History

Statutory Authority: RCW 46.01.110 and 2023 c 57. WSR 23-23-180, § 308-100-040, filed 11/22/23, effective 12/23/23. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-040, filed 12/17/18, effective 1/17/19. Statutory Authority: RCW 46.01.110, 46.25.060, and 46.25.140. WSR 07-24-025, § 308-100-040, filed 11/28/07, effective 12/29/07. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-040, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-040, filed 8/24/89, effective 9/24/89
Order 1, § 308-100-040, filed 1/5/68.

Wash. Admin. Code § 308-100-045 Reinstatement of a CDL after disqualification, cancellation, expiration, revocation, surrender, suspension, or transfer.

(1) CDL holders may reinstate a CDL after a period of disqualification, cancellation, expiration, revocation, surrender, suspension, or transfer under the following conditions:

(a) Any driver that has been without a commercial driver license (CDL), less than two years, if eligible, may reinstate the same CDL, endorsements, and restrictions without any additional training or testing provided all other issuance requirements have been satisfied.

(b) Any driver that has been without a commercial driver license (CDL), two years or more but less than eight years, may reinstate the same CDL, endorsements, and restrictions without any additional training. However, the driver must pass all applicable CDL knowledge tests, obtain a CLP, and pass all required skills tests provided all other issuance requirements have been satisfied.

(c) Any driver without a commercial driver license (CDL) for eight years or more, may reinstate the same CDL, endorsements, and restrictions, if otherwise eligible, must pass all required knowledge tests, obtain a CLP, complete required training, and pass all required skills tests. All other issuance requirements must be satisfied.

(i) Drivers must complete all required training for their intended class and endorsements as stated in WAC 308-100-033.

(ii) Any driver wishing to upgrade the class or endorsement(s) of their CDL at the time of reinstatement must complete all required training and tests associated with that upgrade.

(d) A driver transferring to Washington without a valid CDL, who surrendered that license prior to transfer may reinstate the same CDL, endorsements, and restrictions, if otherwise eligible, shall follow the procedures set forth in (a), (b), or (c) of this subsection as appropriate.

(2) For the purposes of reinstatement, all course completion, knowledge test, and skills test scores are valid for a period of six months.

(3) Drivers are not eligible for reinstatement if currently under any type of disqualification that would not allow them to be issued a CDL.

History

Statutory Authority: RCW 46.01.110 and 2023 c 57. WSR 23-23-180, § 308-100-045, filed 11/22/23, effective 12/23/23.

Wash. Admin. Code § 308-100-050 Examination fees.

(1) The examination fee for each commercial driver's license knowledge examination, commercial driver's license endorsement knowledge examination, or any combination of commercial driver's license and endorsement knowledge examinations, shall be $35.

(2)(a) Except as provided in subsection (2)(b) of this section, the examination fee for each commercial driver's license skill examination conducted by the department shall be $175.

(b) If the applicant's primary use of a commercial driver's license is to drive a school bus, the applicant shall pay a fee of no more than $100 for the classified skill examination or combination of classified skill examinations conducted by the department and entitles the applicant to take the examination up to two times in order to pass.

(3) Drivers selected for reexamination by the department may be subject to costs associated with the testing.

(4) The fees in this section are in addition to the regular drivers' licensing fees.

History

Statutory Authority: RCW 46.01.110 and 2023 c 57. WSR 23-23-180, § 308-100-050, filed 11/22/23, effective 12/23/23. Statutory Authority: RCW 46.25.140 and 46.01.110. WSR 17-22-074, § 308-100-050, filed 10/27/17, effective 11/27/17. Statutory Authority: RCW 46.01.110, 46.20.049, and 46.20.505. WSR 13-03-018, § 308-100-050, filed 1/7/13, effective 2/7/13. Statutory Authority: RCW 46.01.110, 46.25.060, and 46.25.140. WSR 07-24-025, § 308-100-050, filed 11/28/07, effective 12/29/07. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-050, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110, 46.20.470 and 46.20.505. WSR 00-02-017, § 308-100-050, filed 12/27/99, effective 7/1/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-050, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.01.110. WSR 82-03-046 (Order 668 DOL), § 308-100-050, filed 1/19/82
Order 691101, § 308-100-050, filed 11/26/69
Order 1, § 308-100-050, filed 1/5/68.

Wash. Admin. Code § 308-100-060 Waiver applications and forms.

An application for a waiver from examination must be submitted on forms supplied by the department of licensing.

History

Statutory Authority: RCW 46.01.110. WSR 82-03-046 (Order 668 DOL), § 308-100-060, filed 1/19/82
Order 691101, § 308-100-060, filed 11/26/69
Order 1, § 308-100-060, filed 1/5/68.

Wash. Admin. Code § 308-100-090 Commercial motor vehicle instruction permits.

Any person who is at least eighteen years of age and who meets the requirements of RCW 46.25.060(4) may apply to the department for an instruction permit for the operation of a commercial motor vehicle. When operating a commercial motor vehicle on a highway, the instruction permit holder must be accompanied by the holder of a commercial driver's license valid for the vehicle being driven, with no less than two years of driving experience with the class of commercial motor vehicle being operated, and no less than five years of total driving experience. The holder of the commercial driver's license must occupy the seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.

History

Statutory Authority: RCW 46.01.110, 46.25.060, 46.25.140. WSR 03-10-024, § 308-100-090, filed 4/28/03, effective 5/29/03
Order 108 MV, § 308-100-090, filed 9/14/71.

Wash. Admin. Code § 308-100-100 Intrastate waiver.

A person who is not physically qualified to drive a commercial motor vehicle under section 391.41 of the Federal Motor Carrier Safety Regulations (49 C.F.R. 391.41), and who is otherwise qualified to drive a motor vehicle in the state of Washington, may apply to the department of licensing for an intrastate waiver. Upon receipt of the application for an intrastate waiver, the department shall review and evaluate the driver's physical qualifications to operate a motor vehicle in the state of Washington, and shall issue an intrastate waiver if the applicant meets all applicable licensing requirements.

History

Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-100, filed 12/17/18, effective 1/17/19. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-100, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-100, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 308-100-110 Renewal online.

WAC 308-100-110

Except as otherwise provided by this section, any person who is outside the state at the time their commercial driver's license expires may request a renewal by mail or online as permitted by RCW 46.20.120(3). The department shall not renew an endorsement to a commercial driver's license for the operation of a vehicle transporting hazardous materials by mail or online.

History

Statutory Authority: RCW 46.01.110, 46.20.202, and 46.25.140. WSR 26-15-017, s 308-100-110, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-110, filed 12/17/18, effective 1/17/19. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-110, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-110, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 308-100-120 Extra-territorial convictions—Notification.

A driver of a commercial motor vehicle required to notify the department of an extra-territorial conviction under the provisions of section 5, chapter 178, Laws of 1989, shall make such notification on a form provided by the department, or by other correspondence providing the information required on the department's form.

History

Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-120, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 308-100-130 Serious traffic violations.

In addition to the violations enumerated in RCW 46.25.010, "Serious traffic violation" shall include:

(1) Negligent driving in the first or second degree, as defined by RCW 46.61.5249, 46.61.525, or 46.61.526;

(2) Following too closely, as defined by RCW 46.61.145, or 46.61.635;

(3) Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, 46.61.365, 46.61.370, 46.61.375, or 46.61.385;

(4) Failure to yield right of way, as defined by RCW 46.61.180, 46.61.185, 46.61.190, 46.61.202, 46.61.205, 46.61.210, 46.61.212, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;

(5) Speed too fast for conditions, as defined by RCW 46.61.400;

(6) Improper lane change or travel, as defined by RCW 46.61.070, 46.61.105, 46.61.140, 46.61.290, or 46.61.608;

(7) Improper or erratic lane changes, including:

(a) Improper overtaking on the right, as defined by RCW 46.61.115;

(b) Improper overtaking on the left, as defined by RCW 46.61.110, 46.61.120, or 46.61.130; and

(8) Reckless endangerment of emergency zone workers, as defined by RCW 46.61.212;

(9) Reckless endangerment of roadway workers, as defined by RCW 46.61.527;

(10) A conviction of an administrative rule or local law, ordinance, rule, or resolution of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this section; and

(11) Use of a motor vehicle in the commission of any trafficking offense as defined in RCW 46.25.090, 9A.40.100, and 49 C.F.R. 383.51.

History

Statutory Authority: RCW 46.01.110 and 2023 c 57. WSR 23-23-180, § 308-100-130, filed 11/22/23, effective 12/23/23. Statutory Authority: RCW 46.01.110, 46.25.010, and 46.25.140. WSR 14-20-053, § 308-100-130, filed 9/25/14, effective 10/26/14
WSR 09-10-085, § 308-100-130, filed 5/6/09, effective 6/6/09. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-130, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-130, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 308-100-140 Third-party tester.

(1) The department may enter into an agreement with third-party testers to conduct the commercial driver's license classified skill examination.

(a) An agreement will only be made where the department has determined that a need for a third-party tester exists in the location covered by the third-party tester, and that the third-party tester is otherwise qualified. In counties where there are no third-party testers, or where not extending or renewing an agreement would result in no third-party testers, the department will not base the determination of need solely on the expected number of applicants for a commercial driver's license in those locations. The department may suspend an agreement with a third-party tester for any length of time upon a showing of good cause.

(b) An agreement between the department and a third-party tester will be valid for no more than two years, provided that the department may extend an agreement for up to an additional two years at its discretion.

(c) The department may renew an agreement if it has determined that a need for a third-party tester still exists in the location covered by the third-party tester.

(2) Allow the department and/or FMCSA to conduct announced and unannounced audits.

(3) Allow the department and/or FMCSA co-score along with the third-party examiner during a CDL skills test.

(4) Must initiate and maintain a bond in an amount determined by the department. Not required for a third-party tester that is a government entity.

(5) Must only use third-party examiners who have successfully completed a formal CDL skills test examiner training course as prescribed by the state and have been certified by the state to conduct skills test.

(6) Must only use third-party examiners with an active status maintained by the department.

(7) Must submit skills testing appointments to the state no later than three days prior to conducting test.

(8) Must maintain copies of the following records at its principal place of business.

(a) A copy of the state certificate authorizing to administer CDL skills tests for the classes and types of CMVs listed;

(b) A copy of the current third-party agreement;

(d) A copy of the state approved test route(s); and

(e) A copy of each third-party examiner's training record.

(9) Must submit skills test scores within the same day as the test conducted.

(10) Prohibit a third-party examiner from:

(a) Testing other third-party examiners.

(b) Testing a driver who has been trained by the examiner, regarding commercial vehicle operation or skills test practice.

(d) Having another examiner who is a family member conduct tests for your school or organization.

(e) Testing a driver who has attended a school owned or operated by the same ownership organization you work for except for government owned and operated organizations.

History

Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-140, filed 12/17/18, effective 1/17/19. Statutory Authority: RCW 46.01.110 and 46.25.060. WSR 02-04-076, § 308-100-140, filed 2/1/02, effective 3/4/02
WSR 01-09-062, § 308-100-140, filed 4/16/01, effective 5/17/01. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-140, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-140, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 308-100-150 Third-party examiner—Qualifications.

WAC 308-100-150

A person applying to be a third-party examiner must meet the following requirements:

(1) Hold an active CDL;

(2) Have two years or more experience operating commercial motor vehicles representative of the class of vehicle for which they would conduct testing;

(3) Have five years of total driving experience;

(4) A check of the person's driving record shows: The person has not been convicted or found to have committed any of the following offenses within the three year period preceding the date of application:

(a) Driving a motor vehicle while under the influence of alcohol or any drug;

(b) Driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more as determined by any testing methods approved by law in this state or any other state or jurisdiction;

(d) Using a commercial motor vehicle in the commission of a felony;

(e) Refusing to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle; and

(f) Convicted of and found to have committed any of the following felony offenses or any crime involving fraud, moral turpitude, dishonesty, or corruption.

(5) The applicant has not been convicted of no more than one conviction or finding that the person committed two or more serious traffic violations, as defined in WAC 308-100-130, within three years preceding the date of application;

(6) The applicant has not been convicted of four or more moving traffic violations, as defined in WAC 308-104-160, within three years preceding the date of application;

(7) The applicant has not been convicted of two or more moving traffic violations, as defined in WAC 308-104-160, within one year preceding the date of application;

(8) No driver's license suspension, cancellation, revocation, disqualification, or denial within three years preceding the date of application;

(9) Maintain or be employed by a business or agency in which driver testing records would be maintained and available to the state or federal representatives for announced or unannounced inspections and audits;

(10) Be or be employed by a licensed business or government agency within the state of Washington or within 50 miles of state boundaries;

(11) Submit to announced or unannounced audits;

(12) Attend all training required by the department of licensing;

(13) Must test a minimum of 10 different applicants per calendar year or at the discretion of the department, complete recertification requirements; and

(14) Failure to maintain the above qualifications will result in the termination of a third-party examiner.

History

Statutory Authority: RCW 46.01.110, 46.20.202, and 46.25.140. WSR 26-15-017, s 308-100-150, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-150, filed 12/17/18, effective 1/17/19. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-150, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-150, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 308-100-160 Test requirements.

The skills test given by a third party are the same as those that would otherwise be given by the state using the same version of the skills test, the same written instructions for test applicants, and the same score sheets as those prescribed by the department. Any applicant aggrieved by the outcome of a test conducted by a third-party examiner may petition the department for review of the scoring procedure used by the third-party examiner.

History

Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-160, filed 12/17/18, effective 1/17/19. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-160, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 308-100-170 Test route approval.

(1) The test route used by a third-party examiner must be approved by the department prior to its use for commercial driver license skill testing purposes.

(2) Skills testing is prohibited at a training facility or route except for transit organizations and educational school districts that are owned and operated by a government entity.

History

Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-170, filed 12/17/18, effective 1/17/19. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-170, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 308-100-180 Third-party testing fee.

(1)(a) Except as provided in WAC 308-100-190 or (b) of this subsection, the base fee for each classified skill examination or combination of skill examinations conducted by a third-party tester shall not be more than $175.

(2) The base fee shall apply only to the conducting of the examination, and is separate from any additional fees, such as vehicle use fees, which may be charged by the third-party tester. Any additional fees to be charged shall be approved by the department.

(3) Fees owed to a third-party tester under this section must be paid by the applicant as provided in the third-party tester agreement entered into under WAC 308-100-140.

(4) Fees paid for a test that is deemed invalid by the department must be reimbursed immediately to the applicant.

(5) The fees in this section are in addition to the regular drivers' licensing fees.

History

Statutory Authority: RCW 46.01.110 and 2023 c 57. WSR 23-23-180, § 308-100-180, filed 11/22/23, effective 12/23/23. Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, 46.25.140 and 49 C.F.R., Parts 380, 383, and 384. WSR 19-01-078, § 308-100-180, filed 12/17/18, effective 1/17/19. Statutory Authority: RCW 46.25.140 and 46.01.110. WSR 17-22-074, § 308-100-180, filed 10/27/17, effective 11/27/17. Statutory Authority: RCW 46.01.110, 46.25.060, and 46.25.140. WSR 15-03-048, § 308-100-180, filed 1/14/15, effective 2/14/15
WSR 07-24-025, § 308-100-180, filed 11/28/07, effective 12/29/07
WSR 03-10-024, § 308-100-180, filed 4/28/03, effective 5/29/03. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-180, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 308-100-190 Requirements for exceeding base fee.

A third-party tester may petition the department for a waiver of the skill examination fee ceiling imposed by WAC 308-100-180 (Third-party testing fee). The third-party tester shall indicate the amount of the proposed fee, the location of the test and provide detailed justification for the increase. The department may grant the higher fee, provided that the service cannot be performed within a reasonable time by another tester at the standard fee. The department will review any complaints regarding higher fees, and may impose a reduction where warranted.

History

Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-190, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-190, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 308-100-200 Third-party tester—Termination.

The department may terminate an agreement with a third-party tester providing commercial driver's license skill examinations where the volume of applicants for commercial driver's licenses makes such third-party testing unnecessary, or upon a showing of good cause.

History

Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-200, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 308-100-210 Recreational vehicle—Definition.

For the purposes of RCW 46.25.050 (1)(c), the term "recreational vehicle" shall include vehicles used exclusively for noncommercial purposes which are:

(1) Primarily designed for recreational, camping, or travel use;

(2) Towing a horse trailer; or

(3) Rental trucks having no more than two axles (one steering and one drive axle) used strictly and exclusively to transport personal possessions.

History

Statutory Authority: RCW 46.01.110 and 46.25.140. WSR 90-17-028, § 308-100-210, filed 8/8/90, effective 9/8/90.

Wash. Admin. Code § 308-100-400 Formal hearings—Continuances.

(1) After a hearing has been scheduled pursuant to RCW 46.25.120(5), it may be continued, rescheduled, or adjourned only at the discretion of the hearing officer.

(2) A hearing officer must continue a hearing scheduled pursuant to RCW 46.25.120(5) in the event a law enforcement officer whose attendance is required fails to appear. A hearing continued under this subsection must be adjourned until such time as the officer may be compelled to attend by issuance of a subpoena under RCW 46.20.332. A subpoena issued to compel the attendance of an officer is subject to enforcement under RCW 7.21.060.

History

Statutory Authority: RCW 46.01.110, 46.20.308, 46.25.120. WSR 06-15-081, § 308-100-400, filed 7/14/06, effective 8/14/06.

Chapter 308-101 Hearing procedural rules.

Wash. Admin. Code § 308-101-010 Applicability.

(1) This chapter applies to all adjudicative proceedings under the jurisdiction of the department of licensing or the director of the department of licensing with respect to the following types of cases:

(a) The implied consent law (RCW 46.20.308);

(b) The habitual traffic offender law (chapter 46.65 RCW);

(d) Any formal hearing affecting the driving privilege conducted pursuant to the provisions of RCW 46.20.329 through 46.20.333.

(2) Unless otherwise specified, this chapter does not apply to administrative interviews conducted under RCW 46.20.323 through 46.20.327.

History

Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-010, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-020 Law judges.

All adjudicative proceedings under this chapter shall be conducted by a department law judge, who is appointed as a referee or presiding officer for such purposes. The director may also appoint additional referees or presiding officers from the employees of the department to conduct hearings. The director retains the discretion to revoke or limit an appointment at any time.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-020, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-020, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-030 Computation of time.

(1) In computing any period of time prescribed or allowed by any applicable statute or rule, RCW 1.12.040 shall apply;

(2) When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation;

(3) Whenever a person has the right to request a hearing or other proceeding within a prescribed period after "notice is given" by the department under Title 46 RCW or 308 WAC, such notice is deemed to be given on the third day after the notice is deposited into the state mailing service;

(4) Whenever a person has the right to request a hearing or other proceeding within a prescribed period after "receiving notice" from the department under Title 46 RCW or 308 WAC, such notice is deemed to be "received" by a person on the third day after the notice is deposited into the state mailing service;

(5) A request for a hearing or interview under Title 46 RCW is deemed complete on the day the request is postmarked or, if sent electronically, the date the request is received by the department, and the department is deemed to be in receipt of the hearing or interview request on the third day after the request is postmarked.

History

Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 20-15-021, § 308-101-030, filed 7/7/20, effective 8/7/20. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-030, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-040 Eligibility for hearing.

(1) A person is eligible for a hearing whenever the department proposes an adverse action against the driving privilege and the opportunity for a hearing or an interview is required by law. A person is also eligible for a hearing in the following circumstances:

(2) HTO stay hearings: A habitual traffic offender is eligible for a stay hearing under RCW 46.65.060 so long as the following conditions have been met:

(a) There is an alcohol/drug assessment from a state approved treatment agency on file that indicates substance dependence, and it was completed after the last drug or alcohol related offense on the driving record;

(b) The person is not revoked for a violation of a stay or probation previously granted under RCW 46.65.060 or 46.65.080;

(c) If a stay has previously been denied after a hearing, there is evidence of substance dependence with new treatment information from a state approved treatment agency.

(3) HTO reinstatement hearings: A habitual traffic offender is eligible for a reinstatement hearing if all of the following conditions have been met:

(a) At least four years have elapsed since the beginning of the habitual traffic offender revocation or if a habitual traffic offender stay has been violated, at least four years have elapsed since the date of the new revocation notice or the period of time set by the department has been satisfied;

(b) The person submits a declaration stating they have not driven within two years prior to the request for a hearing. A record of any traffic infraction or conviction is conclusive evidence that a person drove within the past two years;

(c) The driver's record does not show any traffic infractions or criminal cases indicative of driving within the past two years. A conviction is conclusive evidence that a person drove in the past two years;

(d) Any period of additional revocation imposed following a habitual traffic offender reinstatement probation violation must be completed;

(e) If there has been a previous denial of a petition for reinstatement by a law judge, at least one year has elapsed since the denial unless a shorter time is ordered by the law judge;

(f) The person is not incarcerated at the time of the hearing; and

(g) The person has complied with any department required treatment obligations.

(4) HTO reinstatement without a hearing: The department may grant a habitual traffic offender a reinstatement without a hearing if the person is eligible for a hearing under subsection (3) of this section and at the time of the request for a hearing:

(a) There are no other suspensions or revocations in effect;

(b) There are no vehicular homicide or vehicular assault convictions on the driver's record;

(d) The person is not revoked for a violation of a stay or probation previously granted under RCW 46.65.060 or 46.65.080.

(5) Notification if ineligible: The department shall notify any person seeking reinstatement or a stay, of any finding of ineligibility and the basis for the ineligibility. If a hearing request is denied for a lack of eligibility, once the reason for the ineligibility has been resolved, the driver may make another request for a hearing.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-040, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-074, § 308-101-040, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-040, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-060 Service on petitioner.

Service on the petitioner: Except as provided in WAC 308-101-080(10), the administrative law office provides all final orders and correspondence to the petitioner at the petitioner's address of record, unless the petitioner is represented, in which case service on the legal representative is deemed service on the petitioner. Documents may be provided to a petitioner via electronic distribution only, with the petitioner's agreement.

History

Statutory Authority: RCW 46.01.110. WSR 25-12-044, s 308-101-060, filed 5/28/25, effective 6/28/25
WSR 18-11-098, § 308-101-060, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-070 Signatures.

(1) Legal representative signatures. An electronic document which requires a legal representative's signature may be signed in the following manner:

/s/ Jane Attorney

State Bar Number 12345

ABC Law Firm

123 South Fifth Avenue

Seattle, WA 98104

Telephone: 206-123-4567

Fax: 206-123-4567

Email: Jane.Attorney@lawfirm.com

(2) Law enforcement officer signatures on documents signed under penalty of perjury. Any document initiated by a law enforcement officer is presumed to have been signed when the officer uses his or her user ID and password to electronically submit the document to a court or prosecutor through the statewide electronic collision and traffic online records application, the justice information network data exchange, or a local secured system that the presiding judge designates by local rule. Unless otherwise specified, the signature shall be presumed to have been made under penalty of perjury under the laws of the state of Washington and on the date and at the place set forth in the report and/or citation.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-074, § 308-101-070, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-070, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-080 Requests for hearing.

(1) A request for a hearing shall be in writing;

(2) When no deadline for requesting a hearing or interview is provided in Title 46 RCW, or other law or rule of the department, a hearing or interview request must be postmarked or received by the administrative law office within 15 days after notice is given;

(3) The hearing request form provided by the department shall include a statement that if the parties or witness(es) are hearing or speech impaired and/or non-English speaking, a qualified interpreter will be appointed at no cost to the parties or witnesses. The form shall include a section where the petitioner may request an interpreter and where they may identify the language and/or nature of the interpretive services needed;

(4) The request for hearing shall include the following information with respect to the petitioner:

(a) Full name;

(b) Mailing address;

(d) Date of birth; and

(e) Driver's license number.

(5) The written request for hearing shall be accompanied by the applicable nonrefundable filing fee, unless the petitioner is entitled to a waiver of the filing fee because of indigence, in which case a request to waive the hearing fee for indigence must be submitted with the hearing request and be on a form approved by the department;

(6) When the department denies an application for an indigent fee waiver, the petitioner shall be granted an additional 10 days to submit payment of the hearing fee;

(7) Submitting hearing request with fees: The request for a hearing may be submitted to: Department of Licensing, Administrative Law Office, P.O. Box 9048, Olympia, WA 98507-9048;

(8) Submitting hearings request without a fee: If there is no filing fee or if the petitioner is entitled to or applies for a waiver of the filing fee because of indigence, the request must be submitted to: Department of Licensing, Administrative Law Office, P.O. Box 9031, Olympia, WA 98507-9031;

(9) The request for a hearing may also be submitted online if the petitioner meets the qualifications described on the website at www.dol.wa.gov;

(10) If a request for hearing is denied, the department shall notify the petitioner and the petitioner's legal representative, if any, stating the reason(s) for the denial;

(a) The department (or a law judge) may set aside a denial of a hearing due to an untimely request if the petitioner establishes good cause for the failure to timely request a hearing;

(b) In the alternative, the department may grant a review on the merits subject to a preliminary determination on the issue of whether the hearing request was timely filed or, if untimely, whether there was good cause to file a late hearing request. If the petitioner fails to establish the hearing request was timely filed or that there was good cause for a late hearing request, the department's action shall be sustained or affirmed without further review.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-080, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110. WSR 25-12-044, s 308-101-080, filed 5/28/25, effective 6/28/25
WSR 18-11-098, § 308-101-080, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-090 Scheduling—Notice of hearing.

(1) The department shall send a hearing notice to the petitioner or petitioner's legal representative, either through the U.S. Postal Services or through an alternative electronic transmission, in the time frame prescribed in Title 46 RCW. If no period is prescribed, the petitioner shall be served with a notice of hearing at least 10 days before the date set for the hearing.

(2) The department's hearing notice will include the assigned examiner's name, a phone number at which he or she may be contacted, and other information concerning the hearing. The department's notice will also include a telephone number and a TDD number that any party or witness may call to request special accommodations. The notice must also include:

(a) A statement of the time, place, and nature of the hearing.

(b) A statement of the legal authority under which the hearing is to be held;

(c) A statement that a party who fails to attend or participate in a hearing or other stage of an adjudicative proceeding may be held in default in accordance with this chapter.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-074, § 308-101-090, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-090, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-100 Place of hearing.

(1) All hearings and interviews will be scheduled telephonically, unless the hearing is required by law to be in person or an in-person hearing is requested in accordance with subsection (2) of this section.

(2) The petitioner or petitioner's legal representative may request that all or part of the hearing or interview be conducted in person. Such a request must be in writing stating the reasons and be directed to the assigned law judge upon receipt of the hearing notice. The law judge will have the sole discretion to grant or deny this request.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-100, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-100, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-110 Notice of appearance.

(1) If a petitioner has legal representation at the administrative hearing, the department shall be provided with the legal representative's name, address, and telephone number. The department may require the legal representative to file a written notice of appearance or to provide documentation that an absent petitioner has authorized the legal representative to appear on the party's behalf. The legal representative shall file a notice of withdrawal upon withdrawal of representation.

(2) When a legal representative has appeared in a matter, documents related to the hearing, including final orders, will only be served on the legal representative. Documents may be provided to a petitioner's legal representative via electronic distribution only, with the legal representative's agreement.

(3) For the purposes of this section, a "legal representative" means an attorney or supervised legal intern that is authorized to practice law in the state of Washington.

History

Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-110, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-120 Continuances.

(1) After a hearing has been scheduled, it may be continued or rescheduled only at the discretion of the law judge.

(2) Requests for a continuance or reschedule must include all of the following:

(a) A written request directed to the assigned law judge;

(b) The basis for the request; and

(3) A party may make one continuance or reschedule request without judicial review.

(4) A party requesting a second or later continuance or reschedule must file the request at least two business days before the scheduled hearing, except upon showing of good cause.

(5) Good cause is defined as substantive reason or legal justification for failing to meet the reschedule deadline. Good cause may include, but are not limited to:

(a) Military deployment;

(b) Medical treatment or hospitalization;

(d) Language barriers;

(e) Domestic violence; or

(f) Incarceration.

(6) The law judge may continue or reschedule the hearing at any time, including on the date of the hearing.

(7) A party shall not consider a hearing continued or rescheduled until notified affirmatively by the law judge or their designee.

(8) The law judge may require the party who requests a second or later continuance or reschedule to submit documentary evidence that substantiates the reason for the request.

(9) Notwithstanding any provisions of this section to the contrary, a law judge may continue a hearing in the event a law enforcement officer who has been subpoenaed as a witness fails to appear. The law judge must continue a hearing in the event a law enforcement officer who has been subpoenaed as a witness fails to appear and the petitioner is a holder of a commercial driver's license or was operating a commercial motor vehicle at the time of the driver's arrest.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-120, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-074, § 308-101-120, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-120, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-130 Agreements to schedule hearings under RCW 46.20.308 past the time frame required by law.

(1) The department presumes any of the following actions taken by the petitioner is a request that the department agree to extend the hearing beyond the time frame required by RCW 46.20.308:

(a) A request for a continuance;

(b) A request to hold an in-person hearing when the request cannot be accommodated within the time frame required;

(d) A request for a subpoena when service cannot be accommodated within the time frame required;

(e) Remitting insufficient funds to satisfy the hearing fee;

(f) Any other action taken by the petitioner that makes the scheduling of the hearing within the time frame required by law impracticable.

(2) A law judge's decision to grant any of the petitioner's requests in subsection (1) of this section constitutes the department's assent to extend the hearing past the time frame required by law.

(3) If a person requests one of the actions in subsection (1) of this section but affirmatively declines to agree to extend the time frame required by law, the law judge may direct the hearing to proceed as originally scheduled or may take any other action that protects the petitioner's right to be heard and the public's interest in a speedy resolution of the matter.

(4) The department must stay a driver's license suspension any time a timely hearing request has been received but it is otherwise impracticable to hold the hearing within the time frame required by law.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-130, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-130, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-140 Cancellation of hearings.

(1) If the petitioner elects to cancel his or her request for a hearing, he or she must notify the department of his or her intent to do so in writing or orally on the record.

(2) Entry into deferred prosecution: A stay of a suspension or revocation granted pursuant to the provisions of RCW 46.20.308(9) does not automatically result in a cancellation of a requested hearing. Absent a written cancellation under subsection (1) of this section, the hearing will proceed and the results will be sent to the petitioner. If the suspension is sustained after the hearing, the stay of the action shall continue but any appeal of the findings and conclusions must be undertaken within thirty days of service of the results.

History

Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-140, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-150 Subpoenas.

(1) Subpoenas shall be issued and enforced, as provided in RCW 46.20.308(7). All subpoenas shall direct the witness to appear by telephone unless otherwise ordered by the law judge.

(2) Every subpoena shall be submitted on a form approved by the department, available on the internet at www.dol.wa.gov, for approval by a law judge. If approved, the law judge will sign and issue the subpoena back to the party requesting the subpoena.

(3) A subpoena to a person to provide testimony at a hearing shall:

(a) Specify the date and time set for hearing; and

(b) The administrative law office's contact information. This contact information must enable the person receiving the subpoena to request an alternative date and time for the department to receive their testimony, if they are unavailable on the date of the hearing.

(4) A subpoena duces tecum requesting a person to produce designated books, documents, or things under their control shall direct the person to produce the books, documents, or things by a reasonable time in advance of the hearing.

(5) A subpoena must be personally served by a suitable person over 18 years of age, by exhibiting and reading it to the witness, or by giving them a copy thereof, or by leaving such copy at the place of their residence. Proof of service shall be made by affidavit or declaration under penalty of perjury, and must be filed with the law judge at least two days prior to the hearing. If the subpoena is served by personal service, proof of service must include a copy of the subpoena that shows it was received by the law enforcement agency. Service by certified mail must be preapproved by the law judge. Service of a subpoena on a law enforcement officer may be effected by serving the subpoena upon the officer's employer.

(6) A subpoena must be properly served five days prior to the date of the hearing.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-150, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-074, § 308-101-150, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-150, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-155 Filing of exhibits and other documents with the department and calling expert witnesses.

(1) Any exhibit or document submitted to the administrative law office must include the petitioner's case number assigned by the unit, if a case number has been assigned. All exhibits or documents submitted electronically, shall only be submitted in a PDF format.

(2) A petitioner may submit documents for consideration via any one of the following methods:

(a) U.S. mail addressed to: Department of Licensing, Administrative Law Office, P.O. Box 9031, Olympia, WA 98507-9031.

(b) Facsimile transmission to the assigned law judge.

(d) Email hearings@dol.wa.gov.

(3) Petitioners are permitted to call expert witnesses, at their own expense. The petitioner must file notice with the administrative law office of the following:

(a) Notice of the expert testimony;

(b) A curriculum vitae (CV) of the anticipated expert; and

(c) A summary of their expected testimony at least five business days prior to the hearing. If petitioner fails to comply with these requirements, the expert testimony may be properly excluded and not considered.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-155, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110. WSR 25-12-044, s 308-101-155, filed 5/28/25, effective 6/28/25. Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-074, § 308-101-155, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-155, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-160 Evidence.

(1) All rulings upon objections to the admissibility of evidence shall be made in accordance with the provisions of these rules.

(2) Evidence including testimony and documentary evidence, is admissible if received prior to, or during, the hearing.

(3) The law judge shall rule on the admissibility and weight to be accorded to all evidence submitted at the hearing. Evidence, including hearsay evidence, is admissible if in the judgment of the law judge it is the kind of evidence on which reasonably prudent persons are accustomed to rely on in the conduct of their affairs. The law judge may exclude evidence that is irrelevant, immaterial, or unduly repetitious. The admissibility of evidence shall be liberally construed to effect the intent and purpose of the hearings covered by these rules.

(4) Oral testimony: Law enforcement officers or other persons with knowledge relevant to the hearing may appear and testify without notice. Such testimony shall not preclude the admissibility of any documents submitted.

(5) The refusal of a witness to answer any question which has been ruled to be proper shall, in the discretion of the law judge, be grounds for striking all testimony previously given by such witness on related matter.

(6) Documentary evidence: Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. When only portions of a document are to be relied upon, the offering party shall identify the pertinent excerpts and state the purpose for which such materials will be offered. Only the excerpts, in the form of copies, shall be received in the record. However, the whole of the original documents, except any portions containing confidential material protected by law, shall be made available for examination and for use by all parties.

(7) Official notice may be taken of: (a) Any judicially cognizable facts; (b) technical or scientific facts within the agency's specialized knowledge; and (c) codes or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association. Parties shall be notified either before or during the hearing of the material so noticed and the sources thereof and they shall be afforded an opportunity to contest the facts and materials so noticed. A party proposing that official notice be taken may be required to produce a copy of the material to be noticed.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-160, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-160, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-170 Video evidence.

(1) If the petitioner wishes to submit video evidence, the petitioner shall be responsible for the costs of preparing a copy to be admitted as evidence. Video evidence shall be submitted sufficiently in advance of the hearing to allow the law judge the opportunity to review it prior to the hearing. The law judge may require a time waiver from the petitioner in order to reschedule the hearing and satisfy this provision when needed. Video evidence must be submitted by DVD or flash drive and in a format which allows the DVD or flash drive to be viewed on the department's equipment. Any costs associated with this requirement is to be the responsibility of the petitioner.

(2) Video evidence may be submitted in the following ways: On a DVD, on a flash drive, or submitted electronically in a digital format. If the petitioner wishes to submit a digital copy of video evidence, the petitioner shall email hearings@dol.wa.gov with the evidence and any instructions on viewing the evidence. The video must be in a format that allows the video to be viewed on the department's equipment. Any costs associated with this requirement is to be the responsibility of the petitioner.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-170, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-074, § 308-101-170, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-170, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-180 Briefs, motions, memoranda, and other pleadings.

(1) The text of all documents filed with this department should be double-spaced, except footnotes and block quotations, which may be single-spaced. In a document produced using word processing software, all text, including footnotes and block quotations, should appear in a 14-point font serif equivalent to Times New Roman or San serif font equivalent to Arial.

(2) Brief length and certificate of compliance: All documents filed with this department and produced using word processing software should contain a short statement above the signature line certifying the number of words contained in the document, exclusive of words contained in the appendices, the title sheet, the table of contents, the certificate of compliance, signature blocks, and pictorial images (e.g., photographs, maps, diagrams, exhibits). The signor may rely on the word count calculation of the word processing software used to prepare the brief or motion. Motions/briefs shall not exceed 5,000 words or 20 pages if handwritten. Any appendices or attachments are not to be included in the length. For good cause, a law judge may permit an over-length brief.

(3) Citations to the legal authority shall comply with the Washington state court general rules 14 and 14.1.

(4) All exhibits or documents submitted electronically shall be submitted only in a PDF format.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-180, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-074, § 308-101-180, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-180, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-190 Interpreters.

(1) When an impaired person as defined in chapter 2.42 RCW or a non-English-speaking person as defined in chapter 2.43 RCW is a party or witness in an adjudicative proceeding, the department shall appoint an interpreter to assist the party or witness during the hearing. Appointment, qualifications, waiver, compensation, visual recording, and ethical standards of interpreters in hearings are governed by the provisions of chapters 2.42 and 2.43 RCW.

(2) Relatives of any participant in a proceeding and employees of the department involved in a proceeding shall not be appointed as interpreters in the proceeding unless authorized by the petitioner.

(3) The appointing authority shall make a determination that an interpreter is able in the particular proceeding to interpret accurately all communication to and from the impaired or non-English-speaking person. This determination shall be based upon the testimony or stated needs of the impaired or non-English-speaking person, the interpreter's education, certifications, and experience in interpreting for contested cases or adjudicative proceedings, the interpreter's understanding of the basic vocabulary and procedure involved in the proceeding, and the interpreter's impartiality. The parties or their representatives may question the interpreter as to his or her qualifications and impartiality.

(4) If in the opinion of the impaired or non-English-speaking person, the appointing authority or a qualified observer, the interpreter does not provide accurate and effective communication with the impaired or non-English-speaking person, the appointing authority shall appoint another interpreter.

(5) The department shall attach to or include in the decision or order a telephone number to request a visual translation or sight translation.

(6) If the party has a right to review the order or decision, the hearings examiner shall orally inform the party during the hearing of the right and of the time limits to request review.

(7) The department shall pay interpreter fees and expenses.

(8) The consecutive mode of foreign language interpretation shall be used unless the hearings examiner and interpreter agree that simultaneous interpretation will advance fairness and efficiency.

(9) Interpreters for hearing impaired persons shall use the simultaneous mode of interpretation unless an intermediary interpreter is needed. If an intermediary interpreter is needed, interpreters shall use the mode that the interpreter considers to provide the most accurate and effective communication with the hearing impaired person.

History

Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-190, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-200 Testimony under oath or affirmation.

Every person called as a witness and who is giving oral testimony in a hearing shall swear or affirm that the testimony they are about to give in the hearing shall be the truth according to the provisions of RCW 5.28.020 through 5.28.060. If the witness is testifying from outside the jurisdiction, the law judge may require the witness to agree to be bound by the laws of the state of Washington for purposes of the oath or affirmation.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-200, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-200, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-210 Conduct of hearings.

Hearings are public proceedings. Public access is achieved through providing a copy of the audio recording and admitted exhibits in compliance with a public records request. The law judge's authority includes, but shall not be limited to, the authority to:

(1) Determine the order of presentation of evidence;

(2) Administer oaths and affirmations;

(3) Issue subpoenas pursuant to RCW 46.20.308(7);

(4) Rule on procedural matters, objections, and motions;

(5) Rule on offers of proof and receive relevant evidence;

(6) Order the exclusion of witnesses upon a showing of good cause;

(7) Afford the petitioner the opportunity to respond, present evidence, conduct cross-examination, and submit rebuttal evidence. The law judge may question witnesses to develop any facts deemed necessary to fairly and adequately decide the matter;

(8) Call additional witnesses deemed necessary to complete the record and receive such testimony subject to full opportunity for cross-examination and rebuttal by the petitioner;

(9) Examine and admit the official records of the department, subject to full opportunity, including the opportunity to request a continuance if needed, for cross-examination and rebuttal by the petitioner;

(10) Examine and admit public records including, but not limited to, maps, policy and procedure manuals, breath testing equipment manuals and the Washington state patrol breath test section website at any time before, during, or after the hearing, subject to full opportunity, including the opportunity to request a continuance if needed, for cross-examination and rebuttal by the petitioner;

(11) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing;

(12) Permit or require oral argument or briefs and determine the time limits for submission thereof;

(13) Issue an order of default;

(14) Recess the hearing to a later time to accommodate scheduling conflicts. Hearings are ordinarily scheduled to be one hour in length;

(15) Take any other action necessary and authorized by any applicable statute or rule; and

(16) Waive any requirement of these rules so long as neither the department nor the petitioner is prejudiced by such a waiver.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-210, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-074, § 308-101-210, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-210, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-215 Sanctions—Attorney misconduct.

(1) Authority. All attorneys appearing before the law judges within the department of licensing are prohibited from engaging in misconduct that abuses the legal process when practicing before the tribunal. Attorneys who, in the opinion of the presiding or reviewing judge, engage in misconduct during any stage of a department proceeding may be reprimanded or sanctioned.

(2) Grounds for sanctions. Misconduct includes, but is not limited to:

(a) Filing documents or media, or raising arguments for an improper purpose, including harassment or delay;

(b) Disruptive, disrespectful, or contemptuous behavior during any proceeding;

(d) Engaging in conduct intended to disrupt the tribunal.

(3) Possible sanctions.

(a) The presiding judge may report violations to the appropriate licensing authority and/or impose one or more of the following sanctions:

(i) Verbal or written reprimand;

(ii) Excluding the attorney from further participation in the pending proceeding; or

(b) Upon referral from the presiding law judge, a reviewing law judge may temporarily or permanently exclude the attorney from future departmental proceedings if the conduct is egregious or reflects a pattern of unprofessional behavior.

(4) Procedure.

(a) The presiding judge must give the attorney notice of the alleged misconduct, the proposed sanction, and a reasonable opportunity to respond, either in writing or orally at hearing.

(b) Sanctions may be initiated by the presiding or reviewing judge.

(c) Any proposed sanction imposed must be stated on the record or in a written order, with the specific reasons and authority identified.

(d) The presiding or reviewing judge, after considering the full record, including any remarks and arguments made by the attorney at issue in their defense, shall render a written decision on the proposed sanction.

(5) Review.

(a) An attorney sanctioned under this section may request reconsideration of the final order. Such reconsideration request must be made within 10 days of the final order imposing the sanctions.

(b) If reconsideration is granted, the department's chief law judge, deputy director, or director may review the proposed sanction and take action that includes sustaining, dismissing, staying, or modifying the sanction. This action may also occur on the department's own motion.

History

Statutory Authority: RCW 46.01.110, 46.20.245, 46.20.331, 46.20.308(8), 46.20.329, 46.25.140, 46.61.5056, chapter 46.20, 46.65, and 46.25 RCW. WSR 26-08-029, s 308-101-215, filed 3/24/26, effective 4/24/26.

Wash. Admin. Code § 308-101-220 Default.

(1) In the event that the person who requested an interview or hearing is not available at the time it is scheduled via the manner of appearance directed in the notice of interview or hearing, or as subsequently modified in writing or orally on the record, no interview or hearing shall be held. An order of default shall be entered and the department's proposed action shall be sustained.

(2) A person who fails to appear at an interview waives their right to request a formal hearing.

(3) Within seven days after service of a default order, the petitioner may file a written motion requesting that the order of default be vacated, and stating the grounds relied upon for the motion. In determining whether the default should be set aside, the law judge shall consider whether there was good cause for the nonappearance.

History

Statutory Authority: RCW 46.01.110, 46.25.140, chapters 46.20, 46.25, and 46.65 RCW. WSR 26-09-136, s 308-101-220, filed 4/22/26, effective 5/23/26. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-220, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-230 Final orders.

(1) Every decision and final order shall:

(a) Be correctly captioned as to the name of the department of licensing and name of the proceeding;

(b) Designate all parties and representatives participating in the proceeding;

(d) Contain a statement describing the right to appeal.

(2) In the event the original hearings examiner is unavailable, the department may assign a case to another hearings examiner to either hear the case if the record has not closed, or in a case where the record is closed, make a determination as to the findings of fact and conclusions of law based on the record submitted.

(3) At any stage prior to commencement of the hearing the department may reassign a matter to a different hearings examiner.

History

Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 25-03-057, s 308-101-230, filed 1/13/25, effective 2/13/25. Statutory Authority: RCW 34.05.220. WSR 23-23-087, § 308-101-230, filed 11/13/23, effective 12/14/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-230, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-240 Probation in habitual traffic offender matters.

(1) Upon reinstatement after a habitual traffic offender revocation, a person must be placed on probation for a minimum of one year.

(2) Every stay order issued under RCW 46.65.060 and any reinstatement order of the driving privilege granted under RCW 46.65.080 or 46.65.100 are granted subject to the following probationary terms and conditions:

(a) The individual must not be convicted of or found to have committed any of the following types of offenses during the period of probation or the duration of the stay:

(i) Vehicular homicide - RCW 46.61.520;

(ii) Vehicular assault - RCW 46.61.522;

(iii) Driving under the influence - RCW 46.61.502;

(iv) Driver under 21 consuming alcohol or marijuana - RCW 46.61.503;

(v) Physical control of a vehicle under the influence - RCW 46.61.504;

(vi) Driving a commercial motor vehicle with alcohol or THC in system - RCW 46.25.110;

(vii) Driving while license suspended or revoked 1st or 2nd degree (includes driving violation of an occupational/restricted driver's license) - RCW 46.20.342;

(viii) Hit and run (occupied) - RCW 46.52.020;

(ix) Reckless driving - RCW 46.61.500;

(x) Attempting to elude a police vehicle - RCW 46.61.024;

(xi) Felony involving motor vehicle - RCW 46.20.285(4);

(xii) Ignition interlock violation - RCW 46.20.720;

(xiii) Violation of an occupational or restricted license - RCW 46.20.410;

(xiv) Operating a vehicle without an ignition interlock device - RCW 46.20.740;

(xv) Circumventing ignition interlock device - RCW 46.20.750;

(xvi) Open container violation (alcoholic beverages) - RCW 46.61.519;

(xvii) Open container violation (marijuana) - RCW 46.61.745;

(xviii) A conviction for any reduced or amended alcohol or drug-related driving offense;

(xix) No reported driving incident with a detectable alcohol concentration - RCW 46.25.090.

(b) Two or more moving violations received within a 12-month period as defined in WAC 308-104-160 during the period of probation or the duration of the stay;

(i) A reported driving incident with a detectable alcohol concentration;

(ii) A revocation or disqualification for refusing a breath or blood test as provided by RCW 46.20.308, 46.20.3101, 46.25.090, or 46.25.120 from an incident;

(iii) Entry into a deferred prosecution program for any alcohol or drug-related offense;

(iv) A report of positive drug/alcohol test or refusal - RCW 46.25.090;

(v) A violation of the terms of any mandatory court probation - RCW 46.61.5055.

(d) Compliance with a state approved alcohol/drug treatment program as set forth in chapter 70.96A RCW and WAC 308-104-170.

(3) A violation of these terms will result in:

(a) If on probation as a habitual traffic offender: The revocation of the driving privilege for the balance of the habitual traffic offender revocation period as well as any further driving while revoked first revocation(s) added, or for one year, whichever is longer;

(b) If subject to a stay: Cancellation of the stay and revocation of the driving privilege for seven years.

(4) Review of violations of the terms and conditions of the probation or stay may be sought via the procedure provided in RCW 46.20.245.

History

Statutory Authority: RCW 46.01.110 and chapter 46.65 RCW. WSR 25-15-136, s 308-101-240, filed 7/22/25, effective 8/22/25. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-101-240, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-250 Reconsideration of final order.

(1) Motions for reconsideration are limited to cases heard under the implied consent law, RCW 46.20.308.

(2) Grounds for a petition for reconsideration are limited to evidence or legal argument which are material to the petitioner and were not produced at the time of the hearing, or for other good and sufficient reason as determined by the hearings examiner.

(3) The petition must state with particularity any new evidence or new legal argument that is proposed and why it could not have been discovered using due diligence prior to the hearing. The petition must specify with particularity the portions of the initial order to which the petition applies.

(4) A petition for reconsideration of an order shall be filed with the administrative law office within 10 days of the date the final order was mailed to the petitioner.

(5) The disposition shall be in the form of a written order denying the petition, granting the petition and dissolving or modifying the final order, or granting the petition and setting the matter for further hearing.

(6) If the petition is granted in whole or in part, a new order shall be issued in the same form as the original order, and shall include the designation "amended" in its title. This amended order shall reference the petition for reconsideration in its preamble, which sets out what the hearings examiner considered. Any amended order shall include the "findings of fact and conclusions of law" from the original final order with amendments.

(7) The relief granted pursuant to a petition for reconsideration is limited to review of the designated evidence and/or argument as identified in the petition. At the hearings examiner's discretion, a supplemental hearing may be scheduled. Such a petition is not grounds for a new hearing, and the record already established shall remain undisturbed.

(8) A petition for reconsideration does not stay the department's action on the petitioner's driving privilege as ordered by the original final order. A petitioner seeking a stay must file a separate petition for that purpose. The hearings examiner will grant a stay only if the hearings examiner determines that it is likely that the petitioner will prevail and the action be reversed and that denying the stay will create irreparable harm to the petitioner. If the hearings examiner grants such a petition for a stay, the hearings examiner shall sign an order releasing the action and crediting any time already served, and subsequently sign an order sustaining or reversing the action, as determined by the amended final order. Disposition denying a stay is not subject to review.

(9) An amended final order shall be issued either denying reconsideration or, in the event reconsideration is granted, dissolving or modifying the original final order. The date of the amended final order begins the 30-day period for the petitioner to appeal the amended final order.

(10) The filing of a petition for reconsideration is not a prerequisite for filing an appeal. An order denying reconsideration is not subject to appeal.

History

Statutory Authority: RCW 46.01.110. WSR 25-12-044, s 308-101-250, filed 5/28/25, effective 6/28/25
WSR 18-11-098, § 308-101-250, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-101-260 Significant decisions in driver license cases.

(1) The department will use the process outlined in this section to nominate, select, and index significant decisions hearings related to driver's licenses in the following types of adjudicative proceedings related to a sanction of the driving privilege:

(a) The implied consent law (RCW 46.20.308);

(b) The financial responsibility law (chapter 46.29 RCW);

(d) The Uniform Commercial Driver's License Act (chapter 46.25 RCW);

(e) Any formal hearing affecting the driving privilege conducted pursuant to the provisions of RCW 46.20.329 through 46.20.333.

(2) For the purposes of this section, a significant decision is a final order or a portion of a final order in an adjudicative proceeding that is of substantial importance to the department in carrying out its duties. Generally, an order is of substantial importance only if it analyzes and applies a statute or rule under the department's authority, demonstrates the department's reasoning as to a frequently recurring legal issue, provides a legal analysis or interpretation not found in existing case law, or applies settled law to unusual facts.

(3) Any person may nominate a final adjudicative order to be evaluated for indexing by completing an Order Index Nomination Request form. The form can be obtained from the department's website at www.dol.wa.gov and returned to: Administrative Law Office, P.O. Box 9031, Olympia, WA 98507-9031, along with a copy of the nominated order.

(4) The director or director's designee shall make a final decision as to whether to select the nominated order as a significant decision based on the criteria in subsection (2) of this section, and that decision is not appealable.

(5) A decision that has been selected by the director as significant shall be maintained in a separate index. The index shall at a minimum contain a description of the type of document, name of parties, brief description of the legal subjects and pertinent legal citation. A copy of the index and a copy of the significant decision will be made available on the department's website at www.dol.wa.gov. The general public records index maintained under WAC 308-10-067 will contain a reference to the specific location and identification of significant decision index and copies of the significant decisions.

(6) The department shall periodically update and review the index to verify that the indexed documents continue to meet the criteria in subsection (2) of this section. The department may, at any time, delete a document from an index. Under RCW 42.56.070(6), a significant decision may not be cited in a proceeding if it has not been indexed.

History

Statutory Authority: RCW 46.01.110. WSR 25-12-044, s 308-101-260, filed 5/28/25, effective 6/28/25
WSR 18-11-098, § 308-101-260, filed 5/21/18, effective 9/4/18.

Chapter 308-102 Administration of the Financial Responsibility Act—Procedures.

Wash. Admin. Code § 308-102-002 Declaration of purpose—Procedural rules.

Chapter 308-102 WAC contains the rules of procedure used in the administration of the Financial Responsibility Act, chapter 46.29 RCW. Adjudicative proceedings conducted under the Financial Responsibility Act shall be held in accordance with the Administrative Procedure Act, chapter 34.05 RCW, and the rules published in chapter 10-08 and 308-08 WAC insofar as those rules are consistent with the rules adopted herein.

History

Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-002, filed 3/25/92, effective 4/25/92.

Wash. Admin. Code § 308-102-004 Presiding officer.

Hearings and informal interviews held under this chapter shall be conducted by a presiding officer who shall be delegated the authority to conduct such hearings and informal interviews by the director. The presiding officer shall have the powers and duties provided by chapter 34.05 RCW, and may be authorized by the director to make final determinations regarding the issuance, denial, cancellation, or suspension or revocation of a driver's license or a nonresident's privilege to drive. If the presiding officer is authorized by the director to make final determinations, the decision shall be final.

If the presiding officer is not authorized to make final decisions the results shall be subject to review by the director or his, her, or their designated representative. The director or his, her, or their designated representative upon review of the records, the evidence, and the findings of the presiding officer shall promptly render his, her, or their decision sustaining, modifying, or reversing any order entered by the department.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-004, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-004, filed 3/25/92, effective 4/25/92.

Wash. Admin. Code § 308-102-006 Correspondence address.

All correspondence shall be addressed to the Department of Licensing, Administrative Law Office, P.O. Box 9031, Olympia, WA 98507-9031, or sent by facsimile transmission (fax) to 360-570-4950, or emailed to hearings@dol.wa.gov. Any correspondence must include the driver's full name and license number, or case number if assigned.

History

Statutory Authority: RCW 46.01.110. WSR 25-03-049, s 308-102-006, filed 1/10/25, effective 2/10/25. Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-006, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110 and 46.20.205. WSR 96-20-089, § 308-102-006, filed 10/1/96, effective 11/1/96. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-006, filed 3/25/92, effective 4/25/92.

Wash. Admin. Code § 308-102-008 Property damage threshold.

In the case of property damage, the provisions of the Financial Responsibility Act shall apply where the damage to the property of any one person is of an apparent extent equal to or greater than $1,000. In the event that this amount differs from that established by the chief of the Washington state patrol under the provisions of RCW 46.52.030, the amount established in WAC 446-85-010.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-008, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-008, filed 3/25/92, effective 4/25/92.

Wash. Admin. Code § 308-102-010 Order fixing amount of security.

Whenever under the Financial Responsibility Act, the department fixes the amount of the security required of any person it shall notify the person of the amount so required by mailing to the person's address of record, a notice of security stating the amount of the security required, the date by which the security must be posted, and containing instructions on how to file the proof of financial responsibility. The date by which the security must be posted shall not be less than 20 nor more than 60 days following the date of mailing.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-010, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-010, filed 3/25/92, effective 4/25/92
Order 103-MV, § 308-102-010, filed 8/17/71
Order 101-MV, § 308-102-010, filed 3/8/71.

Wash. Admin. Code § 308-102-011 Amount of security—How determined.

The department shall determine the amount of security deposit required of any person upon the basis of reports submitted, such reports to be in a form provided by the department which must be completed by the parties who sustain a loss, or their successors in interest, or upon the basis of other information or evidence received by the department which provides sufficiently specific information for the department to enter its decision concerning the amount of security with reasonable certainty: Provided, That a fatality or fatalities will create the presumption that the amount shall be for the full amount of the limit provided by RCW 46.29.090 in reference to the acceptable limits of a policy or bond. Failure to respond to a request for specific information within 30 days will allow the department to conclude that no claim is being pursued.

The department shall determine the amount of security deposit required by a person based on the reports submitted to the department or based on other information or evidence received by the department which provides sufficiently specific information for the department to enter its decision concerning the amount of security with reasonable certainty. Any submitted reports must be in a form provided by the department and must be completed by the parties who sustained the loss or their successor in interest. A fatality or fatalities will create the presumption that the amount shall be for the full amount of the limit provided by RCW 46.29.090 in reference to the acceptable limits of a policy or a bond. Failure to respond to a request for specific information within 30 days will allow the department to conclude that no claim is being pursued.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-011, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-011, filed 3/25/92, effective 4/25/92
Order 228, § 308-102-011, filed 12/31/74.

Wash. Admin. Code § 308-102-012 Amount of security—Effect of comparative negligence.

The department may determine the percentage of negligence attributable to any person claiming injury or damage in twenty-five percentile units and then may reduce the amount of security in proportion to that percentage: Provided, That the department shall not require security if the person claiming injury or damage is ninety percent or more negligent.

History

Statutory Authority: RCW 46.01.110. WSR 82-03-046 (Order 668 DOL), § 308-102-012, filed 1/19/82
Order 228, § 308-102-012, filed 12/31/74.

Wash. Admin. Code § 308-102-020 Notice of intent to suspend.

(1) The department shall mail a notice of intent to suspend:

(a) At the time the department mails a notice of security; or

(b) At the time the department receives all required certifications from a judgment creditor pursuant to RCW 46.29.230.

(2) The notice of intent to suspend sent with the notice of security under subsection (1)(a) of this section shall give notice to the person required to post security of the department's intention to suspend the person's driving privilege, the effective date of such suspension to be not less than 20 and not more than 60 days from the date of mailing. The grounds stated in the notice shall communicate that failure to deposit the security amount and file proof of financial responsibility is the basis for the license suspension. A person receiving this notice of intent to suspend may apply for administrative relief under WAC 308-102-100. Failure to apply for administrative relief within the time limits of WAC 308-102-100 shall constitute a default and shall result in the suspension becoming effective on the date indicated on the notice of intent to suspend and the loss of the right to further administrative relief. In the event the person so notified posts the security and files proof of financial responsibility for the future within the time allowed for such purposes, no suspension shall be affected.

(3) The notice of intent to suspend, sent at the time the department receives all required certifications from a judgment creditor pursuant to RCW 46.29.230, shall give notice to the person of the department's intention to suspend the person's driving privilege. The effective date of the suspension shall not be less than 20 nor more than 60 days from the date of mailing. The notice shall advise the person that the suspension is required under chapter 46.29 RCW and shall include:

(a) The name of the court where the civil judgment has been entered;

(b) The dollar amount of the judgment;

(d) The cause number.

A person receiving this notice of intent may contest the proposed action by formal hearing under WAC 308-102-200(2). Failure to submit a request to contest the suspension within 15 days of the notice of intent shall constitute a default and shall result in the suspension becoming effective on the date indicated on the notice of intent to suspend. In the event the department receives a certified copy or abstract of judgment indicating the default judgment has been resolved, no suspension shall occur.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-020, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-020, filed 3/25/92, effective 4/25/92
Order 103-MV, § 308-102-020, filed 8/17/71
Order 101-MV, § 308-102-020, filed 3/8/71.

Wash. Admin. Code § 308-102-085 Agreements for payment of damages—Effect on administrative proceedings.

A person that submits a written payment agreement to the department in accordance with RCW 46.29.140, waives any further review to the validity of the department's action. Any pending administrative interview or formal hearing shall be canceled upon receipt of the written payment agreement.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-085, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-102-085, filed 5/21/18, effective 9/4/18.

Wash. Admin. Code § 308-102-090 Agreements for payment of damages—Default notice.

The department shall accept a notice of default on a payment agreement that was entered in lieu of the security deposit requirements as being effective only if that notice is received within three years of the date of the accident.

History

Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-102-090, filed 3/12/86
Order MV-172, § 308-102-090, filed 7/16/73.

Wash. Admin. Code § 308-102-100 Request for informal settlement—Effect, timeliness.

Pursuant to WAC 10-08-230, regarding informal settlements, any person notified of the requirement of depositing security and suspension for failure to deposit security under the Financial Responsibility Act, chapter 46.29 RCW, may within 15 days of the date of the notice of intent to suspend his, her, or their driver's license or nonresident privilege to drive request an interview before a presiding officer. The request must be written.

Upon receipt of a timely request for interview, the suspension shall be stayed pending the outcome of the document review or interview.

If the person does not request an interview within the time specified above, or fails to attend an interview scheduled at the person's request, said person shall have waived his, her, or their right to any further administrative remedies, including the formal hearing, and the suspension of the person's driver's license or driving privilege shall become effective. If the person shows good cause as to why they failed to appear, the default may be vacated.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-100, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-102-100, filed 5/21/18, effective 9/4/18
WSR 92-08-045, § 308-102-100, filed 3/25/92, effective 4/25/92. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-102-100, filed 3/12/86
Order 466-DOL, § 308-102-100, filed 12/30/77
Order MV-302, § 308-102-100, filed 3/31/75.

Wash. Admin. Code § 308-102-140 Informal settlement—Interview.

The interview only applies to notices to suspend arising under WAC 308-102-020(2). The interview shall be held before a presiding officer who, in making the decision, shall consider any of the following:

(1) Oral testimony or argument offered by, for, or on behalf of the person seeking review by their legal representative;

(2) Affidavits from the individuals claiming the loss and/or from a representative of any insurance carrier that has a subrogated interest therein;

(3) Investigating officer's reports of the accident in question;

(4) Court records of convictions submitted to the department of licensing and arising out of the accident in question;

(5) The department's financial responsibility files concerning the person seeking review;

(6) Affidavits or witness testimony offered by the person seeking review; and

(7) Any other evidence relevant to the issues to be determined.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-140, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-140, filed 3/25/92, effective 4/25/92
Order 466-DOL, § 308-102-140, filed 12/30/77
Order MV-302, § 308-102-140, filed 3/31/75.

Wash. Admin. Code § 308-102-190 Informal settlement—Interview—Decision.

Upon conclusion of an interview the presiding officer shall make findings on the matter under consideration and shall sustain, modify, or reverse the department's notice of intention to suspend, address, and confirm the amount of security required. The department shall send a copy of the presiding officer's decision (findings) with the notice of the decision and right to request a formal administrative hearing in writing by first class mail sent to the last address of record, or email, provided the driver or their legal representative has consented to electronic receipt of the interview decision. Upon receipt of a timely request for formal hearing the order for the deposit of security and suspension for failure to deposit security shall remain stayed pending the results of the hearing.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-190, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-102-190, filed 5/21/18, effective 9/4/18
WSR 92-08-045, § 308-102-190, filed 3/25/92, effective 4/25/92. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-102-190, filed 3/12/86
Order MV-302, § 308-102-190, filed 3/31/75.

Wash. Admin. Code § 308-102-200 Request for adjudicative proceeding—Formal hearing.

(1) Any person may request a formal hearing if they disagree with the presiding officer's decision following an administrative interview. The request for formal hearing must be in writing and must be addressed to the department of licensing and postmarked within 15 days following the mailing of the decision of the department to the person or the notices of suspension for failure to satisfy a judgment. Failure to make timely request for a formal hearing to the department shall be considered a withdrawal of the person's request for adjudicative proceedings and shall result in a waiver of the person's right to such hearing and the decision of the department shall become final.

(2) If a timely request for a formal hearing is made, the department shall notify the person of the time of such hearing in writing, and mail such notice to the person's last address of record, at least 10 days in advance of the hearing date. In accordance with RCW 34.05.449(3), the hearing shall be by telephone or other electronic means. The notice shall include the information required by RCW 34.05.434(2).

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-200, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-102-200, filed 5/21/18, effective 9/4/18
WSR 92-08-045, § 308-102-200, filed 3/25/92, effective 4/25/92. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-102-200, filed 3/12/86
Order 466-DOL, § 308-102-200, filed 12/30/77
Order MV-302, § 308-102-200, filed 3/31/75.

Wash. Admin. Code § 308-102-250 Issues to be determined—Formal hearing.

(1) Only the following issues shall be considered at any formal hearing held on request of a person for failing to deposit sufficient security funds:

(a) Whether the person was the owner or driver of any motor vehicle of a type subject to registration under the motor vehicle laws of this state which was in any manner involved in an accident within this state;

(b) Whether the accident resulted in bodily injury or death of any person or damage to the property of any one person in an amount meeting or exceeding the property damage threshold established by WAC 308-102-008;

(c) Whether there is a reasonable possibility of a judgment being entered against the person in the amount required by the order of the department fixing such security;

(d) Whether the amount of security to be deposited, if any, is sufficient to satisfy any judgment or judgments resulting from such accident as may be recovered against the person, not to exceed the amount listed in chapter 46.29 RCW; and

(e) Whether the person is entitled to an exception to the requirement of security pursuant to RCW 46.29.080.

(2) The following issues shall be considered at any formal hearing held on request of a person for failure to satisfy a judgment pursuant to RCW 46.29.330; whether the department received the following from the judgment creditor:

(a) A certified copy or abstract of such judgment;

(b) A certificate of facts relative to such judgment; and

(c) Where the judgment is by default, a certified copy or abstract of that portion of the record which indicates the manner in which service of the summons was effectuated and all the measures taken to provide the defendant with timely and actual notice of the suit against him, her, or them.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-250, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-250, filed 3/25/92, effective 4/25/92
Order 467-DOL, § 308-102-250, filed 12/30/77
Order MV-302, § 308-102-250, filed 3/31/75.

Wash. Admin. Code § 308-102-255 Determination of possibility of judgment.

For the purposes of WAC 308-102-250 (1)(c), the department may presume that there is a reasonable possibility of a judgment being entered against a person if:

(1) The person was convicted of a traffic violation arising out of the accident; or

(2) A law enforcement officer investigating the accident completed a report which specified that a violation of a rule of the road contributed to the accident regardless of whether a citation was issued; or

(3) The person was negligent, having committed an act which a reasonably careful and prudent person would not have done under the same or similar circumstances, or failed to act in a way which a reasonably careful and prudent person would have acted under the same or similar circumstances, and such act or omission was a proximate cause of the accident.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-255, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-255, filed 3/25/92, effective 4/25/92.

Wash. Admin. Code § 308-102-260 Presiding officer—Duties.

(1) The presiding officer, in making his, her, or their decision at the formal hearing held on request of a person for failing to deposit security, shall consider:

(a) Evidence as allowed under RCW 34.05.452;

(b) Court records of convictions submitted to the department of licensing and arising out of the accident in question;

(c) Traffic collision reports completed by a police officer who investigated the accident, all reports and other information submitted to the department by the individual(s) who sustained the loss or the insurance carrier who has a subrogated interest therein, records and documents in the possession of the department of which it desires to avail itself, repair estimates, repair and medical bills, towing bills and any other reasonable accounting of a loss proximately arising from an accident or photocopies thereof; and

(d) Any other evidence related to the issues before the hearing which have probative value commonly accepted by reasonable, prudent persons in the conduct of their affairs.

(2) The presiding officer, in making his, her, or their decision, at the formal hearing, held at the request of a person who failed to satisfy a judgment, shall consider whether the department received all the certificates required by RCW 46.29.310.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-260, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-260, filed 3/25/92, effective 4/25/92
WSR 82-03-046 (Order 668 DOL), § 308-102-260, filed 1/19/82
Order 466-DOL, § 308-102-260, filed 12/30/77
Order MV-302, § 308-102-260, filed 3/31/75.

Wash. Admin. Code § 308-102-265 Formal hearing—Failure to appear.

In the event that a final default order is entered against the person who requested a formal hearing pursuant to this chapter, no hearing shall be held. The case shall be remanded to the department, and the previous department order requiring security shall be affirmed: Provided, That the presiding officer:

(1) May consider evidence as to whether the amount of security to be deposited is sufficient to satisfy any judgment or judgments as may be recovered against the person, and may adjust the amount of security required accordingly; or

(2) Determine whether the department received the certificates required by RCW 46.39.330, and if not, may enter a decision to cancel the suspension.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-265, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-265, filed 3/25/92, effective 4/25/92. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-102-265, filed 3/12/86.

Wash. Admin. Code § 308-102-290 Formal hearings—Findings, conclusions and decisions.

At the conclusion of the formal hearing, the presiding officer shall, as soon as practical, issue findings of fact, conclusions of law, and enter an order as provided by RCW 34.05.461.

If the order of the department is affirmed, the department shall suspend the driver's license or nonresident driving privilege of the person required to deposit security or satisfy judgment, but the order of suspension shall carry an effective date of 30 days after the date of mailing, during which time the person may comply with the terms of the order.

If the order of the department is reversed, the department shall cancel its previous order.

If the order of the department is modified, the department shall suspend the driver's license or nonresident driving privilege of the person required to deposit security, but the order of suspension shall carry an effective date of 30 days after the date of mailing, during which time the person may comply with the terms of the order.

Petitions for reconsideration, as provided by RCW 34.05.470, shall be filed with the presiding officer within 10 days of service of the final order. The department is deemed to have denied the petition for reconsideration if, within 20 days from the date the petition is filed, the department does not either: (a) Dispose of the petition; or (b) serve the parties with a written notice specifying the date by which it will act on the petition.

History

Statutory Authority: RCW 46.01.110 and 46.01.040(10). WSR 23-07-073, § 308-102-290, filed 3/13/23, effective 4/13/23. Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-102-290, filed 3/25/92, effective 4/25/92
WSR 82-03-046 (Order 668 DOL), § 308-102-290, filed 1/19/82
Order MV-349, § 308-102-290, filed 1/28/76
Order MV-302, § 308-102-290, filed 3/31/75.

Chapter 308-104 Drivers' licenses.

Wash. Admin. Code § 308-104-004 Definitions.

As used in this chapter, unless the context requires otherwise, the term:

(1) "Examination," for purposes of RCW 46.20.305, means any one or combination of the following:

(a) A medical certificate to be completed by a competent medical authority;

(b) A vision certificate to be completed by a competent vision authority such as an optometrist or ophthalmologist;

(d) An alcohol or drug evaluation or report of progress in alcohol or drug treatment from an alcohol or drug treatment agency approved by the department of social and health services;

(e) A reexamination of knowledge and driving ability conducted by a licensing services representative;

(f) A special examination of knowledge and driving ability conducted by a licensing services representative;

(2) "Jurisdiction" means a state, territory, or possession of the United States; the District of Columbia; or a province of Canada;

(3) "Military personnel" means active members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned officers of the Public Health Service, and members of foreign military organizations assigned to this state on official duty. For purposes of this section, a person in the reserves will not be considered an "active member" unless he or she has been called to active duty for a period exceeding the full period specified for license expiration in RCW 46.20.181;

(4) "Notice" and "order," when used in relation to driver's license suspensions, revocations, denials, and cancellations, and in relation to the disqualification of a person from operating a commercial motor vehicle, may be interchangeable and mean the written notice given by the department to a person under the provisions of RCW 46.20.245 or other law;

(5) "State" means a state of the United States, the District of Columbia, or a United States territory or possession.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 12-17-075, § 308-104-004, filed 8/14/12, effective 9/14/12. Statutory Authority: RCW 46.01.110. WSR 00-18-069, § 308-104-004, filed 9/1/00, effective 10/2/00
WSR 87-19-129 (Order DS 3), § 308-104-004, filed 9/22/87.

Wash. Admin. Code § 308-104-006 Driver's license required.

No person, except as expressly exempted by chapter 46.20 RCW or by this chapter, may drive any motor vehicle upon a highway in this state unless the person has in his or her possession a valid driver's license issued under the provisions of chapter 46.20 RCW.

History

Statutory Authority: RCW 46.01.110. WSR 00-18-069, § 308-104-006, filed 9/1/00, effective 10/2/00
WSR 93-22-071, § 308-104-006, filed 11/1/93, effective 12/2/93
WSR 87-19-129 (Order DS 3), § 308-104-006, filed 9/22/87.

Wash. Admin. Code § 308-104-008 Persons exempt from driver's license requirement.

In addition to persons exempt from driver license requirement pursuant to RCW 46.20.025, the following persons are exempt from the requirement to obtain a valid driver's license issued to Washington residents under chapter 46.20 RCW:

(1) A student who maintains his or her legal home of record at a location outside Washington state, or the spouse or dependent of the student, who is at least sixteen years of age and who has in his or her immediate possession a valid driver's license issued to him or her in his or her home jurisdiction. The student must be enrolled as a full-time nonresident student at an institution of higher learning in Washington accredited by the Northwest Association of Schools and Colleges or by an accrediting association recognized by the higher education board, or at a private vocational school as that term is defined by RCW 28C.10.020(7). The student must carry documentation issued by the institution that readily establishes his or her status as a nonresident student. A spouse or dependent of a nonresident student must carry a copy of the documentation issued to the student by the institution and documentation establishing the relationship with the student;

(2) Military personnel who are at least sixteen years of age who have in their immediate possession a valid driver's license issued by the jurisdiction designated as their home of record. A spouse or dependent of a person who meets the criteria of this subsection is also exempt from the driver's license requirement, provided that the spouse or dependent has in his or her immediate possession a valid driver's license issued by the jurisdiction designated as his or her home of record.

History

Statutory Authority: RCW 46.01.110. WSR 00-18-069, § 308-104-008, filed 9/1/00, effective 10/2/00
WSR 87-19-129 (Order DS 3), § 308-104-008, filed 9/22/87.

Wash. Admin. Code § 308-104-010 Vision test.

(1) A person applying for a driver's license or instruction permit shall be required to take a vision test administered by the department.

(a) Any person with visual acuity worse than 20/40 Snellen with both eyes combined either corrected or uncorrected, or with some apparent significant visual limitation, must have an eye examination by a competent vision authority.

(b) If an applicant's vision cannot be corrected so it will be 20/40 Snellen for visual acuity and if the applicant's vision is between 20/50 Snellen and 20/100 Snellen, or if an applicant's other vision problems cannot be corrected, he or she must submit to a reexamination.

(c) An applicant whose vision cannot be corrected to at least 20/100 Snellen range will be deemed to have failed the portion of the driver's license examination specified by RCW 46.20.130 (1)(a) pertaining to eyesight and ability to see, and will be deemed to have failed to demonstrate that he or she is qualified to drive.

(d) An applicant whose vision cannot be corrected to at least 20/70 Snellen range will be deemed to have failed to demonstrate that he or she is qualified to drive at night.

(2) The department may waive the requirement for a vision test for any person applying to renew his or her driver's license by mail or electronic commerce if the person certifies on the application that his or her vision acuity is no less than 20/40 Snellen for visual acuity, either corrected or uncorrected, and that there are no other vision problems.

(3) The department shall refer for reexamination any person who uses bioptic or telescopic lenses to meet licensing standards for the issuance of any driver's license or instruction permit.

History

Statutory Authority: RCW 46.61.110, 46.20.041, 46.20.091, 46.20.120, and 46.20.130. WSR 09-16-012, § 308-104-010, filed 7/23/09, effective 8/23/09. Statutory Authority: RCW 46.20.130, 46.20.041. WSR 07-02-104, § 308-104-010, filed 1/3/07, effective 2/3/07. Statutory Authority: RCW 46.01.110. WSR 04-20-012, § 308-104-010, filed 9/24/04, effective 10/25/04
Order 2, § 308-104-010, filed 6/26/68.

Wash. Admin. Code § 308-104-012 Suspension or denial for refusing or neglecting to submit to an examination.

A person's failure to complete an examination as required by RCW 46.20.305 may result in the suspension or denial of the person's driving privilege. A person dissatisfied with the departmental action which follows an examination he or she has taken under RCW 46.20.305 may appeal the department's action by requesting a formal hearing as provided in RCW 46.20.329. A request for a hearing under this section must be made in writing within fifteen calendar days from the date notice of the departmental action was given. If no request is made within the prescribed time the right to a hearing is waived.

History

Statutory Authority: RCW 46.01.110. WSR 00-18-069, § 308-104-012, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-104-012, filed 3/12/86.

Wash. Admin. Code § 308-104-014 Application for driver's license or identicard.

A person applying for a driver's license, instruction permit, or identification card must provide the following information:

(1)(a) The person's full name, current mailing and Washington residential address, and telephone number;

(b) A person applying for an identicard who does not have a permanent primary resident address may be issued an identicard at the cost of production if the person:

(i) Is under the age of 18;

(ii) Applies in person;

(iii) Attests to a lack of permanent primary resident address at each application; and

(iv) Provides a temporary mailing address where the identicard can be mailed;

(2) The person's physical description, including sex, height, weight, and eye color;

(3) The person's date of birth;

(4)(a) The person's Social Security number, if the Social Security number is required by state or federal law. If the person's Social Security number is not required by state or federal law, the person may voluntarily provide their Social Security number in order to assist the department in verifying identity;

(b) If the Social Security number is required by state or federal law and the person has not been issued a Social Security number, the person must submit a sworn affidavit, under penalty of perjury, stating that they do not have a Social Security number. The department may require that a person who is applying for a license and who has signed an affidavit under this subsection provide additional documentation satisfactory to the department establishing the person's Washington residence address;

(5) Whether the person is one of multiple siblings born at the same time;

(6) If the application is for a driver's license or instruction permit, whether the person has been previously licensed, where such license was issued, and under what name;

(7) If the application is for a driver's license or instruction permit, whether the person has ever had their driver's license or driving privilege suspended, revoked, canceled, disqualified, withheld, or denied, and if so, where and when such driving sanction was imposed and the reason for such action;

(8) If the application is for a driver's license or instruction permit, whether the person has had a mental or physical condition or is taking any medication which could impair their ability to operate a motor vehicle;

(9) If the application is for a driver's license and the person is under the age of 18, a declaration by the person's parent, guardian, employer, or responsible adult as defined in RCW 46.20.075 that they have read and understand the intermediate license restrictions, and a declaration by the person that they have read and understand the intermediate license restrictions;

(10) The person's signature and, if the application is for a driver's license or instruction permit and the person is under the age of 18, the signature of the person's custodial parent, legal guardian, or responsible adult as defined in RCW 46.20.075; and

(11) Any supplementary documentation as may be necessary to verify any of the information required by this section.

History

Statutory Authority: 2024 c 162 and RCW 46.01.110. WSR 25-01-049, s 308-104-014, filed 12/11/24, effective 1/1/25. Statutory Authority: RCW 46.01.110 and 46.20.119. WSR 21-02-030, § 308-104-014, filed 12/28/20, effective 1/28/21. Statutory Authority: RCW 46.01.110, 46.20.119, and Executive Order 17-01. WSR 18-10-030, § 308-104-014, filed 4/25/18, effective 5/19/18. Statutory Authority: RCW 46.20.117. WSR 17-23-184, § 308-104-014, filed 11/22/17, effective 12/23/17. Statutory Authority: RCW 46.01.110, 46.20.091, 46.20.119. WSR 11-14-067, § 308-104-014, filed 6/30/11, effective 7/31/11. Statutory Authority: RCW 46.61.110, 46.20.041, 46.20.091, 46.20.120, and 46.20.130. WSR 09-16-012, § 308-104-014, filed 7/23/09, effective 8/23/09. Statutory Authority: RCW 46.20.091 (1)(g) and 46.01.110. WSR 05-15-064, § 308-104-014, filed 7/12/05, effective 8/12/05. Statutory Authority: RCW 46.01.110. WSR 00-18-070, § 308-104-014, filed 9/1/00, effective 10/2/00
WSR 91-01-063, § 308-104-014, filed 12/14/90, effective 1/14/91.

Wash. Admin. Code § 308-104-0140 Marking of all nonenhanced drivers' licenses or identicards.

Beginning July 1, 2018, except for enhanced drivers' licenses and identicards issued under RCW 46.20.202, the department shall mark all issuances made pursuant to chapter 46.20 RCW with the phrase "FEDERAL LIMITS APPLY."

History

Statutory Authority: RCW 46.20.192 and 6 C.F.R. § 37.71. WSR 18-12-041, § 308-104-0140, filed 5/30/18, effective 7/1/18.

Wash. Admin. Code § 308-104-0150 Changing sex designation on a driver's license, instruction permit, or identification card.

(1) Persons may change the sex designation on a driver's license, instruction permit, or identification card by means of completing a sex designation change application signed under penalty of perjury pursuant to chapter 9A.72 RCW.

(2) For the purposes of this section, "X" means a sex that is not exclusively male or female.

History

Statutory Authority: RCW 46.01.110. WSR 19-21-022, § 308-104-0150, filed 10/7/19, effective 11/12/19.

Wash. Admin. Code § 308-104-016 Motorcycle endorsement fees.

The endorsement fee for the initial motorcycle endorsement shall be twelve dollars, unless the initial endorsement is issued for a period other than six years, in which case the initial endorsement fee shall be two dollars for each year or partial year that the endorsement is issued, and the subsequent renewal endorsement fee shall be thirty dollars, unless the endorsement is renewed or extended for a period other than six years, in which case the subsequent renewal endorsement fee shall be five dollars for each year that the endorsement is renewed or extended.

History

Statutory Authority: RCW 46.01.110, 46.20.049, and 46.20.505. WSR 13-03-018, § 308-104-016, filed 1/7/13, effective 2/7/13. Statutory Authority: RCW 46.01.110, 46.20.470 and 46.20.505. WSR 00-02-017, § 308-104-016, filed 12/27/99, effective 7/1/00.

Wash. Admin. Code § 308-104-018 Changing the address of record.

(1) In addition to the form identified in RCW 46.20.205, the department may change a driver's or identicard holder's address of record upon:

(a) The verbal request of the driver or identicard holder, where the department has satisfied itself as to the identity of the person making the request; or

(b) Receipt of written documentation or electronic communication concerning the driver or identicard holder, where such documentation or communication includes an address that differs from the one maintained by department and is:

(i) Signed by the driver or identicard holder;

(ii) Filed at the request of the driver or identicard holder;

(iii) Filed by a public official or governmental agency; or

(iv) Filed by a contractor who verifies or supplies correct addresses obtained from a public official or governmental agency.

(2) This section shall not be construed as relieving the driver or identicard holder of the responsibility to notify the department of a change of address as required by RCW 46.20.205. Failure by the department to change a driver's or identicard holder's address of record, where the driver or identicard holder has not notified the department of the change of address with the form identified in RCW 46.20.205, shall not limit the effectiveness of any notice mailed to the driver or identicard holder at the address of record as previously established by the department.

History

Statutory Authority: RCW 46.01.110 and 46.20.202. WSR 07-22-031, § 308-104-018, filed 10/29/07, effective 11/29/07. Statutory Authority: RCW 46.01.110 and 46.20.205. WSR 96-20-089, § 308-104-018, filed 10/1/96, effective 11/1/96.

Wash. Admin. Code § 308-104-019 Renewal of driver's license or identicard by electronic commerce—Eligibility.

An applicant for a driver's license renewal or identicard renewal may apply by electronic commerce if permitted under this section.

(1) A person whose valid driver's license is about to expire may be allowed to renew by electronic commerce if the person:

(a) Is eligible to renew his or her driver's license by electronic commerce under the provisions of RCW 46.20.120 (3)(b) or (4)(b);

(b) Has previously been issued a digital driver's license;

(d) Has a valid Social Security number on file with the department;

(e) Has a valid mailing address on his or her driving record as maintained by the department;

(f) Does not have a commercial driver's license, instruction permit, or agricultural permit;

(g) Has not paid a fee owed to the department with a check that has been dishonored;

(h) Has not failed to appear, respond, or comply with the terms of or in response to a traffic citation or notice of traffic infraction; and

(i) Does not have any actions pending against his or her driver's license or driving privileges.

(2) A person applying for driver's license renewal by electronic commerce must:

(a) Certify that he or she has had no mental or physical condition or is not taking any medication which could impair his or her ability to operate a motor vehicle safely;

(b) Make the necessary certification under WAC 308-104-010(2); and

(3) A person whose valid identicard is about to expire may renew by electronic commerce if the person:

(a) Is eligible to renew his or her identicard by electronic commerce under the provisions of RCW 46.20.117 (3)(b); and

(b) Has previously been issued a digital identicard.

(4) A person applying for identicard renewal by electronic commerce must complete the required application and pay all applicable fees.

(5) The department may specify the means and establish procedures by which a person may make an application under this section.

History

Statutory Authority: RCW 46.01.110 and 46.20.120. WSR 21-10-059, § 308-104-019, filed 4/30/21, effective 5/31/21
WSR 15-09-032, § 308-104-019, filed 4/9/15, effective 5/10/15. Statutory Authority: RCW 46.01.110, 46.20.117, and 46.20.120. WSR 10-15-019, § 308-104-019, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 46.61.110, 46.20.041, 46.20.091, 46.20.120, and 46.20.130. WSR 09-16-012, § 308-104-019, filed 7/23/09, effective 8/23/09. Statutory Authority: RCW 46.01.110 and 46.20.202. WSR 07-22-031, § 308-104-019, filed 10/29/07, effective 11/29/07. Statutory Authority: RCW 46.01.110. WSR 04-20-012, § 308-104-019, filed 9/24/04, effective 10/25/04.

Wash. Admin. Code § 308-104-022 Warning letters for drivers age eighteen through twenty-one.

The department may mail a letter to drivers age eighteen through twenty-one who have been convicted of or found to have committed a moving traffic violation as listed in WAC 308-104-160 warning them of the risk of crash involvement.

History

Statutory Authority: RCW 46.01.110, 46.52.120. WSR 10-22-045, § 308-104-022, filed 10/28/10, effective 11/28/10.

Wash. Admin. Code § 308-104-025 Effect of accumulation of traffic offenses.

(1) For the purposes of RCW 46.20.291(3), whenever the official records of the department show that a person has committed four or more traffic offenses within a one-year period, or five or more traffic offenses within a two-year period, the department may provide notice to the driver warning them of the risk of crash involvement and the possible consequences of further action against the person's license under this section or chapter 46.65 RCW.

(2) Whenever the official records of the department show that a person has committed six or more traffic offenses within a one-year period, or seven or more traffic offenses within a two-year period, the department must issue a notice of suspension denying the person's driving privilege for 60 days and establishing a 365-day period of probation to begin when the period of suspension ends. During the period of probation, a person must not be convicted of an additional traffic offense.

(3) At a hearing requested by the driver to contest the notice of suspension, the accumulation of violations in subsection (2) of this section shall be considered prima facie evidence of violations of such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways.

(4) If a person is convicted of a traffic offense during the period of probation, the department must impose an additional 30-day suspension to run consecutively with any suspension already being served under this section.

(5) For purposes of this section "traffic offense" means a conviction as defined in RCW 46.20.270(3), or a finding that a traffic infraction has been committed as defined in RCW 46.20.270(5), of a moving violation as defined in WAC 308-104-160. A traffic offense committed under the provisions of chapter 46.37 RCW by a commercial driver with respect to equipment required on commercial motor vehicles shall not be considered for driver improvement purposes.

History

Statutory Authority: RCW 46.01.110, 46.20.119, and 2021 c 240. WSR 22-24-035, § 308-104-025, filed 11/30/22, effective 12/31/22. Statutory Authority: RCW 46.01.110. WSR 18-11-098, § 308-104-025, filed 5/21/18, effective 9/4/18
WSR 00-18-069, § 308-104-025, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-104-025, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.01.110. WSR 82-03-046 (Order 668 DOL), § 308-104-025, filed 1/19/82.

Wash. Admin. Code § 308-104-026 Safe driving course.

(1) The department recommends safe driving courses so that a driver can learn how to:

(a) Correct and rehabilitate driving performance;

(b) Learn safe, responsible, and respectful driving behaviors; and

(2) To receive a recommendation for a safe driving course, an entity or individual offering a safe driving course must apply on a form prescribed by the department and include copies of course materials.

(3) The department considers the following factors when determining whether to recommend a course:

(a) A need exists for a course in the geographic location the course will be offered, or a need exists to provide options to problem drivers.

(b) The entity or individual offering the course is doing so as a part of a larger driver improvement or education program that has demonstrated success in correcting driving performance and behaviors.

(i) Dangers associated with impaired driving including prescription and over-the-counter drugs, as well as other illicit substances;

(ii) Dangers of driving at excessive speeds;

(iii) Dangers of right-of-way violations including merging, improper turns, roundabouts, and intersections;

(iv) Dangers of distracted driving;

(v) Dangers of improper passing and following vehicles too closely;

(vi) Dangers of aggressive driving;

(vii) Dangers of fatigued driving;

(viii) Passenger safety to include child restraints and seatbelt use;

(ix) Operating around vulnerable road users; and

(x) Hazard awareness: Maintenance and emergency, school zones, constructions zones, and weather conditions.

(4) The department may recommend a course that is substantially like the course described in subsection (3) of this section and the course is recommended or approved by another governmental entity.

History

Statutory Authority: RCW 46.01.110, 46.20.119, and 2021 c 240. WSR 22-24-035, § 308-104-026, filed 11/30/22, effective 12/31/22.

Wash. Admin. Code § 308-104-027 Effect of accumulation of traffic infractions.

(1) The department shall send the driver a notice of suspension listing the qualifying occasions when the records of the department indicate that a person qualifies for a suspension under RCW 46.20.2892.

(2) The exclusive remedy for contesting a notice of suspension is the administrative review described in RCW 46.20.245.

(3) When a driver seeks an administrative review on the limited issue of whether information reported to the department accurately describes the action taken by the court, the department may consider as a part of that review:

(a) Whether each individual traffic infraction reported to the department accurately describes the action taken by a court;

(b) Whether multiple traffic infractions reported by a court should be counted as one occasion.

(4) When the department receives notice that a person has committed an additional traffic infraction during the period of probation, the department shall issue a notice of probation violation informing the person of a 30-day suspension as required by RCW 46.20.2892. The 30-day suspension shall run consecutively with any suspension already being served but consecutively with any other suspension or revocation a person is serving under a separate provision of law. The exclusive remedy for contesting a notice of probation violation is the administrative review procedure described in RCW 46.20.245.

(5) For the purposes of RCW 46.20.2892, a traffic infraction shall have the same meaning as RCW 46.63.020. To determine whether a traffic infraction is a moving violation, the department shall use the definition provided by WAC 308-104-160.

History

Statutory Authority: RCW 46.01.110, 46.20.119, and 2021 c 240. WSR 22-24-035, § 308-104-027, filed 11/30/22, effective 12/31/22.

Wash. Admin. Code § 308-104-028 Early termination of a suspension.

When the department receives proof that a person has successfully completed a safe driving course, the department will:

(1) Determine whether the person who completed a safe driving course has one or more pending or existing suspensions due to an accumulation of traffic infractions.

(2) Terminate the most recently added pending or existing suspension on the person's driving record, so long as no pending or existing suspension was terminated within the last five years.

(3) Not impose relicensing requirements if a person only has a pending suspension.

History

Statutory Authority: RCW 46.01.110 and 46.20.2892. WSR 25-24-020, s 308-104-028, filed 11/21/25, effective 4/1/26.

Wash. Admin. Code § 308-104-040 Driver's licenses for identification and identicards.

As provided by RCW 46.20.035, no identicard shall be issued, nor shall any Washington state driver's license be issued, other than as provided in RCW 46.20.035(5), unless the applicant has satisfied the department regarding his or her identity.

(1)(a) Except as provided in subsections (2) and (3) of this section, an applicant has not satisfied the identity requirements of RCW 46.20.035 unless he or she displays or provides the department with at least one of the following pieces of valid identifying documentation:

(i) A valid or recently expired driver's license or instruction permit that contains the signature, date of birth, and a photograph of the applicant;

(ii) A Washington state identicard or an identification card issued by another state that contains the signature and a photograph of the applicant;

(iii) An identification card issued by the United States, a state, or an agency of either the United States or a state, of a kind commonly used to identify the members or employees of the government agency, that contains the signature and a photograph of the applicant;

(iv) A military identification card that contains the signature and a photograph of the applicant;

(v) A United States passport that contains the signature and a photograph of the applicant;

(vi) An Immigration and Naturalization Service form that contains the signature and photograph of the applicant; or

(vii) If the applicant is a minor, an affidavit of the applicant's parent or guardian where the parent or guardian displays or provides at least one piece of identifying documentation as specified in this subsection along with additional documentation establishing the relationship between the parent or guardian and the applicant.

(b) In addition to the valid identifying documentation listed in subsection (1)(a), the department may request supplemental identifying documentation, or may undertake an investigation to verify the validity of any documentation presented, in order to ascertain identity.

(2) An applicant unable to present a piece of identifying documentation listed in RCW 46.20.035 (1) or (2) may request that other identifying documentation be considered by the department in order to ascertain identity, as provided by RCW 46.20.035(3). The department may waive the requirement for a piece of valid identifying documentation listed in RCW 46.20.035 (1) or (2) if the applicant presents sufficient valid supporting documents found by the department to clearly establish the identity of the applicant. For purposes of this subsection, the department has found the following pieces of documentation to be sufficient to clearly establish identity:

(a) A foreign country's passport, containing the signature and a photograph of the individual, that has with it a valid United States Immigration and Naturalization entry form (I-94);

(b) An enrollment card issued by a federally recognized Indian tribe, containing the signature and a photograph of the individual, with one other supporting document;

(c) An identification card issued by the United States Bureau of Indian Affairs, containing the signature and a photograph of the individual, with one other supporting document;

(d) A written identification verification document completed by the Washington department of corrections; and

(e) A Washington city or county police employee identification card, containing the signature and a photograph of the individual, with one other supporting document;

(3) If an applicant is unable to satisfy the department regarding his or her identity under subsections (1) or (2) of this section, he or she may request that the department review other documentation in order to ascertain identity, as provided by RCW 46.20.035(3).

(a) If the licensing services representative assisting the applicant is unable to ascertain identity from the documents presented, the applicant shall be referred to an in-office document reviewer for further assistance. The in-office document reviewer will evaluate the applicant's documentation in order to determine whether identity can be clearly established.

(b) If the in-office document review cannot clearly establish an applicant's identity, and if requested by an applicant, a senior technician for the region in which the applicant is making application will evaluate the applicant's documentation in order to determine whether identity can be clearly established.

(c) If requested by the applicant, the senior technician shall refer the applicant to driver licensing headquarters staff for final determination whether identity can be clearly established.

History

Statutory Authority: RCW 46.01.110. WSR 00-18-070, § 308-104-040, filed 9/1/00, effective 10/2/00
WSR 93-22-071, § 308-104-040, filed 11/1/93, effective 12/2/93
WSR 82-03-046 (Order 668 DOL), § 308-104-040, filed 1/19/82
Order 468-DOL, § 308-104-040, filed 12/30/77
Order 691101, § 308-104-040, filed 11/26/69.

Wash. Admin. Code § 308-104-046 Instruction permit—Verification of enrollment in a traffic safety education program.

For purposes of RCW 46.20.055, an applicant for a driver's instruction permit may demonstrate enrollment in a traffic safety education course offered by a licensed driver training school, or by a public or private school recognized by the superintendent of public instruction, by submitting written proof of enrollment indicating that the driver training course has already begun or will begin within ten calendar days of the date of the application. The proof of enrollment must be in a form that is approved by the department and bear the signature of a licensed driver training instructor or driver training school owner, or that of a public or private school instructor certified to teach a driver training course by the superintendent of public instruction.

History

Statutory Authority: RCW 46.01.110. WSR 04-18-060, § 308-104-046, filed 8/27/04, effective 9/27/04.

Wash. Admin. Code § 308-104-047 Driving test—Waiver.

For purposes of issuance of an original driver's license, the department may waive the actual demonstration of the ability to operate a motor vehicle where the applicant meets all other licensing requirements, has successfully completed the appropriate Washington knowledge test or tests, and:

(1) If the application is for a basic driver's license, the applicant has:

(a) Surrendered a valid driver's license issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid license record on file;

(b) Not taken a Washington driving test on which the applicant has been disqualified; and

(2) If the application is for a driver's license with a motorcycle endorsement, the applicant, along with the requirements listed in subsection (1) of this section, has:

(a) Surrendered a valid motorcycle license or driver's license with motorcycle endorsement issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid motorcycle license record on file. In order for a surrendered license or letter of clearance to be valid under this subsection, the applicant's previous home state's motorcycle licensing standards must meet or exceed Washington state motorcycle licensing standards, as determined by the department;

(b) Completed a motorcycle skill test waiver certificate; and

(c) If the applicant is under eighteen years of age, presented a certificate verifying completion of an approved motorcycle safety education course;

(3) If the application is for a commercial driver's license, the applicant, along with the requirements listed in subsection (1) of this section, has:

(a) Surrendered a valid commercial driver's license issued by the applicant's previous home state, or presented a letter of clearance from the previous home state showing a valid commercial driver's license record on file; or

(b) Met the requirements for waiver of the commercial driver's license skill test as provided by RCW 46.25.060(2).

Notwithstanding the above provisions, the department may require the applicant to complete the appropriate driving test or tests if the department determines that it is in the interest of safety for the applicant to demonstrate his or her ability to operate a motor vehicle.

History

Statutory Authority: RCW 46.01.110. WSR 00-18-069, § 308-104-047, filed 9/1/00, effective 10/2/00
WSR 91-01-063, § 308-104-047, filed 12/14/90, effective 1/14/91.

Wash. Admin. Code § 308-104-050 Waiver of driver education requirement—When granted.

No waiver of the traffic safety education course requirement for applicants under the age of 18 years shall be issued unless the parent, guardian, responsible adult as defined in RCW 46.20.075 (9)(b), or other person having the care, custody and control of the applicant certifies that the applicant is:

(1) Unable to take or successfully complete a traffic safety education course and the reasons therefor; and

(2) That there exists a need to operate a motor vehicle. The need shall be set forth in as much detail as possible. For the purpose of meeting this requirement, "a need exists" shall be construed to mean that the capability to drive will reduce or help eliminate the negative consequences of the situation that created the need to drive. If operating a motor vehicle does not reduce the hardship which was created by the situation, "a need" does not exist.

History

Statutory Authority: RCW 46.01.110 and 46.20.100 (2)(c)(iii). WSR 24-17-038, § 308-104-050, filed 8/13/24, effective 9/13/24. Statutory Authority: RCW 46.01.110 and 46.25.140. WSR 90-17-028, § 308-104-050, filed 8/8/90, effective 9/8/90. Statutory Authority: RCW 46.01.110. WSR 87-19-129 (Order DS 3), § 308-104-050, filed 9/22/87
WSR 82-03-046 (Order 668 DOL), § 308-104-050, filed 1/19/82
Order 468-DOL, § 308-104-050, filed 12/30/77
Order MV-131, § 308-104-050, filed 4/26/72.

Wash. Admin. Code § 308-104-056 Convictions—Suspension, revocation, and denial terms.

The department shall suspend, revoke, or deny the driver's license or nonresident driving privilege of every person who is convicted of a violation requiring such suspension, revocation, or denial, the term of which, except where otherwise required by law, shall commence on the date of conviction.

History

Statutory Authority: RCW 46.01.110. WSR 00-18-069, § 308-104-056, filed 9/1/00, effective 10/2/00
WSR 93-22-071, § 308-104-056, filed 11/1/93, effective 12/2/93. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-104-056, filed 3/12/86
Order MV-222, § 308-104-056, filed 10/29/74.

Wash. Admin. Code § 308-104-070 Concurrent suspension, revocation, and denial terms.

Except as otherwise required by law, the department shall suspend, revoke or deny the driver's license or nonresident driving privilege of every person who is convicted of more than one offense requiring such suspension, revocation, or denial arising from the same incident for one term which will be the longest of the terms of suspension, revocation, or denial.

History

Statutory Authority: RCW 46.01.110. WSR 00-18-069, § 308-104-070, filed 9/1/00, effective 10/2/00
Order MV-172, § 308-104-070, filed 7/16/73.

Wash. Admin. Code § 308-104-075 Driver's licenses—Prohibited practices—Suspension, cancellation, or denial period.

(1) The department may suspend, cancel, or deny all driving privileges of a person who has been convicted of or determined by the department to have committed one of the prohibited practices relating to drivers' licenses listed in RCW 46.20.0921 for a period up to three hundred sixty-four consecutive days. The following terms of suspension shall be determined by the department:

(a) Up to sixty days for identity theft or fraud with no connection to traffic safety;

(b) Ninety days for identity theft or fraud related to avoiding a revocation or suspension with no connection to traffic safety;

(c) One hundred eighty days for identity theft or fraud related to avoiding a revocation or suspension associated with traffic safety, or for separate additional offenses with no connection to traffic safety; or

(d) Three hundred sixty-four days for identity theft or fraud related to avoiding a revocation or suspension with a direct connection to traffic safety.

(2) For purposes of RCW 46.20.0921 (1)(e), an application for a commercial driver's license includes the application for a driver's license under RCW 46.20.091 and the application for a commercial driver's license under RCW 46.25.070.

History

Statutory Authority: RCW 46.20.291. WSR 21-02-029, § 308-104-075, filed 12/28/20, effective 1/28/21. Statutory Authority: RCW 46.01.110, 46.20.207, 46.20.291. WSR 06-16-087, § 308-104-075, filed 7/31/06, effective 8/31/06.

Wash. Admin. Code § 308-104-080 Reissue fee—When required.

The driver's license of any person that has been suspended, revoked or denied for any reason shall not be reissued until such person shall pay the required reissue fee; except, that such reissue fee shall not be required when the imposition of the suspension, revocation, or denial was invalid or void or when the suspension, revocation, or denial was imposed because the subject was incompetent to operate a vehicle due to a physical or mental disability, because the subject had failed to attend a driver improvement interview, because the person's filing of proof of financial responsibility for the future had been canceled or terminated, because the person defaulted on an agreement to pay damages resulting from a vehicle accident, or because the person was refused a license due to a suspension, revocation, or denial in another jurisdiction.

History

Statutory Authority: RCW 46.01.110. WSR 00-18-069, § 308-104-080, filed 9/1/00, effective 10/2/00
WSR 93-22-071, § 308-104-080, filed 11/1/93, effective 12/2/93. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-104-080, filed 3/12/86
Order MV-172, § 308-104-080, filed 7/16/73.

Wash. Admin. Code § 308-104-090 Reissue fee—Where paid and accepted.

Reissue fees may be paid at any licensing services office or at the department's central state office at any time during normal operating hours.

History

Statutory Authority: RCW 46.01.110. WSR 00-18-069, § 308-104-090, filed 9/1/00, effective 10/2/00
WSR 93-22-071, § 308-104-090, filed 11/1/93, effective 12/2/93. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-104-090, filed 3/12/86
Order MV-172, § 308-104-090, filed 7/16/73.

Wash. Admin. Code § 308-104-100 Occupational/temporary restricted driver's license—Person eligible.

(1) Upon proper application, the department shall issue an occupational/temporary restricted driver's license to any person who has had his or her driver's license suspended or revoked who meets the requirements of RCW 46.20.380 and 46.20.391, provided that:

(a) The person had previously been issued a valid driver's license; and

(b) The person had not been required to surrender his or her Washington driver's license to the department for failure to maintain proof of financial responsibility for the future.

(2) Notwithstanding the provisions of this section, an occupational/temporary restricted driver's license shall not be issued for the operation of a commercial motor vehicle when the commercial driver has had his or her license suspended, revoked, or denied, or has been disqualified from operating a commercial motor vehicle.

History

Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. WSR 08-24-059, § 308-104-100, filed 11/26/08, effective 1/1/09. Statutory Authority: RCW 46.01.110 and 46.20.391 (1)(c). WSR 04-18-059, § 308-104-100, filed 8/27/04, effective 9/27/04. Statutory Authority: RCW 46.01.110. WSR 00-18-070, § 308-104-100, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-104-100, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-104-100, filed 3/12/86. Statutory Authority: RCW 46.01.110. WSR 82-03-046 (Order 668 DOL), § 308-104-100, filed 1/19/82
Order MV 349, § 308-104-100, filed 1/28/76.

Wash. Admin. Code § 308-104-105 Occupational/temporary restricted license denial hearings.

(1) Upon notification by the department that an occupational/temporary restricted driver's license has been denied under RCW 46.20.391 the aggrieved person may request a formal hearing to contest the department's decision. No hearing need be granted where the department is prevented from issuing an occupational/temporary restricted driver's license by rule or law. A request for a hearing must be submitted in writing.

(2) Within ten days of receipt of a request for a hearing, the department shall notify the requester in writing of the time and location of the hearing. The hearing may be held either in the person's county of residence or in any county adjoining the person's county of residence, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means.

(3) The hearing shall be conducted by a hearing officer appointed by the director. The director may delegate the authority to render final decisions to the hearing officer.

(4) The scope of the hearing shall be limited to the following issues:

(a) Whether the person had previously been issued a valid license.

(b) Whether the suspension or revocation giving rise to the application for an occupational/temporary restricted driver's license is one for which an occupational/temporary restricted driver's license may be issued under RCW 46.20.391.

(c) Whether the person has committed an offense of vehicular assault or vehicular homicide within the seven years immediately preceding the conviction or incident for which the occupational/temporary restricted driver's license is requested or, if there are multiple suspensions or revocations in effect, within the seven years immediately preceding the latest conviction or incident for which the occupational/temporary restricted driver's license is requested.

(d) Whether the person is currently suspended or revoked for any reason for which an occupational/temporary restricted driver's license is not available.

(e) Whether it is necessary that the person operate a motor vehicle because he or she:

(i) Is engaged in an occupation or trade that makes it essential that the person operate a motor vehicle. For purposes of this section, occupation or trade means being self-employed, or in the employ of another, for monetary compensation;

(ii) Is undergoing continuing health care or providing continuing care to another who is dependent upon the person;

(iii) Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;

(iv) Is undergoing substance abuse treatment or is participating in meetings in a twelve-step group such as Alcoholics Anonymous that requires the person to drive to or from the treatment or meetings;

(v) Is fulfilling court-ordered community service responsibilities;

(vi) Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license;

(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or

(viii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program.

(5) The person's official driving record provided to the hearing officer by the department shall be prima facie evidence of the issues contained in subsection (4)(a) through (d) of this section unless the person presents clear and convincing evidence to the contrary.

(6) The person shall have the burden of proving that he or she meets one or more of the qualifying circumstances described in subsection (4)(e) of this section that makes it essential to operate a motor vehicle.

(7) In the event that the person fails to appear for the hearing, no hearing shall be held. The case shall be remanded to the department and the department's previous decision denying the occupational/temporary restricted driver's license shall be affirmed.

History

Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. WSR 08-24-059, § 308-104-105, filed 11/26/08, effective 1/1/09. Statutory Authority: RCW 46.01.110 and 46.20.391 (1)(c). WSR 04-18-059, § 308-104-105, filed 8/27/04, effective 9/27/04. Statutory Authority: RCW 46.01.110. WSR 00-18-070, § 308-104-105, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-104-105, filed 8/24/89, effective 9/24/89. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-104-105, filed 3/12/86.

Wash. Admin. Code § 308-104-130 Convictions—Driving records.

(1) The department shall consider the information transmitted on the abstract of conviction as being accurate for the purposes of recording information on the defendant's driving record and initiating suspension/revocation action. The defendant shall be deemed to have been convicted of the traffic law violation(s) if any of the following appears on the abstract:

(a) The payment of a fine.

(b) An unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court.

(d) A finding of guilt.

(2) For the purposes of maintaining the driving record, initiating a driver's license or driving privilege suspension, revocation, or denial, and requiring the filing of proof of financial responsibility, the conviction shall be deemed final if any one or more of the elements listed in subsection (1) is present regardless of whether the imposition of sentence is deferred or penalty suspended. The department will not amend or modify the driving record of any driver's license or driving privilege suspension, revocation, or denial if the court subsequently dismisses the charge at the conclusion of a successful deferral or probation period.

(3) For purposes of Title 46 RCW:

(a) The forfeiture of bail shall be considered a conviction unless the court vacates that forfeiture.

(b) The payment of a fine on a traffic violation charge shall be considered a conviction unless the court subsequently reimburses the defendant for all fines, costs, and other penalties imposed.

(c) A plea of guilty shall be considered a conviction unless the defendant withdraws the plea of guilty during the proceedings, the defendant appeals the judgment and there has been a perfection of notice of appeal, or the court sets aside the judgment and orders a new trial.

(d) A finding of guilt shall be considered a conviction unless the court approves a motion for a new trial or the defendant appeals the conviction to a higher court and there has been a perfection of notice of appeal.

(4) If a court defers a finding after hearing the evidence, the department shall not consider the defendant as having been convicted until a final disposition is entered by that court, except when the defendant entered a guilty plea which was not withdrawn, or when the court imposed a penalty or sanction, including the payment of court costs, which could only be imposed upon a determination that the defendant was guilty.

(5) A reporting error by the court that materially alters the original record of a conviction for a mandatory offense must be reported to the department in writing accompanied by a copy of the docket, or other permanent court record.

History

Statutory Authority: RCW 46.01.110. WSR 00-18-070, § 308-104-130, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-104-130, filed 3/12/86
Order MV 349, § 308-104-130, filed 1/28/76.

Wash. Admin. Code § 308-104-135 Open container law infractions—Placement on driving records.

A traffic infraction under RCW 46.61.519 (1) or (2) shall not be placed on the driving record of the person found to have committed the infraction if the department determines to its satisfaction that the person was a passenger in the vehicle at the time the notice of infraction was issued.

History

Statutory Authority: RCW 46.20.391, 46.01.110 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-104-135, filed 3/12/86.

Wash. Admin. Code § 308-104-155 Driving records—Designation of persons other than employees of the department as agents for certification.

For purposes of Title 46 RCW, the director of the department of licensing may designate persons other than employees of the department as agents to furnish certified abstracts of driving records under seal of the director. This section shall only apply when the driving record has been obtained by the designated agent through electronic data transmission from the department's computer records.

History

Statutory Authority: RCW 46.01.110. WSR 00-18-070, § 308-104-155, filed 9/1/00, effective 10/2/00
WSR 91-01-063, § 308-104-155, filed 12/14/90, effective 1/14/91.

Wash. Admin. Code § 308-104-160 Moving and nonmoving violations defined.

For purposes of RCW 46.20.2891, 46.65.020, 46.20.2892, and this chapter, the term "moving violation" means any violation of vehicle laws listed in this section that is committed by the driver of a vehicle, while the vehicle is moving. However, being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug is also considered a moving violation for the purposes of this section. Parking violations, equipment violations or paperwork violations relating to insurance, registration, licensing and inspection are considered "nonmoving violations." Moving violations are those violations included in the following list or violations of substantially similar laws, administrative regulations, local laws, ordinances, regulations, or resolutions of a political subdivision of this state, the federal government, or any other state:

(1) Criminal traffic infractions, as defined by RCW 46.63.020:

(a) Driving while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502;

(b) Physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.504;

(d) Vehicular assault, as defined by RCW 46.61.522;

(e) Reckless driving, as defined by RCW 46.61.500;

(f) Racing, as defined by RCW 46.61.530;

(g) Hit and run (injury, death, striking the body of a deceased person, or occupied vehicle), as defined by RCW 46.52.020;

(h) Attempting to elude a police vehicle, as defined by RCW 46.61.024;

(i) Driving while driving privilege suspended or revoked, as defined by RCW 46.20.342 or 46.20.345;

(j) Reckless endangerment of roadway workers, as defined in RCW 46.61.527(4);

(k) Driver under 21 driving or being in physical control of a motor vehicle after consuming alcohol or marijuana, as defined in RCW 46.61.503;

(l) Negligent driving in the first degree, as defined by RCW 46.61.5249;

(m) Hit and run (unattended vehicle or property), as defined by RCW 46.52.010;

(n) Disobey signalman, officer, or firefighter, as defined by RCW 46.61.015, 46.61.020, or 46.61.022;

(o) Failure to yield right of way, as defined by RCW 46.61.212(4);

(p) Violation of license restriction(s), as defined by RCW 46.20.740;

(q) Spilling load, as defined by RCW 46.61.655 (7)(a) and (b);

(2) Violation of traffic infraction, as defined in RCW 46.63.020:

(a) Embracing, as defined by RCW 46.61.665;

(b) Driving while driving privilege suspended or revoked, as defined by RCW 46.20.394;

(c) Driving or in physical control of commercial motor vehicle while having alcohol in system, as defined in RCW 46.25.110;

(d) Open container violation (driver), as defined by RCW 46.61.519 or 46.61.745;

(e) Negligent driving in the second degree, as defined by RCW 46.61.525 or 46.61.526;

(f) Disobey road sign, as defined by RCW 46.61.050, 46.61.070, or 46.61.450;

(g) Disobey signalman, officer, or firefighter, as defined by RCW 46.61.021;

(h) Disobey school patrol, as defined by RCW 46.61.385;

(i) Speed too fast for conditions, as defined by RCW 46.61.400;

(j) Speed in excess of maximum limit, as defined by RCW 46.61.400 or 46.61.460;

(k) Speeding in a school zone, as defined by RCW 46.61.440;

(l) Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, 46.61.340, 46.61.345, 46.61.350, 46.61.365, 46.61.370, or 46.61.375;

(m) Failure to yield right of way, as defined by RCW 46.61.180, 46.61.183, 46.61.185, 46.61.190, 46.61.202, 46.61.205, 46.61.210, 46.61.212, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;

(n) Failure to keep to the right, as defined by RCW 46.61.100 or 46.61.105;

(o) Wrong way on a one-way street or rotary traffic island, as defined by RCW 46.61.135;

(p) Improper lane change or travel, as defined by RCW 46.61.140;

(q) Straddling or driving over centerline, as defined by RCW 46.61.140;

(r) Driving on the wrong side of the road, as defined by RCW 46.61.150;

(s) Crossing divider, as defined by RCW 46.61.150;

(t) Improper entrance to or exit from freeway, as defined by RCW 46.61.155;

(u) Violating restrictions on a limited access highway while driving a motor vehicle, as defined by RCW 46.61.160;

(v) High occupancy vehicle lane violation, as defined by RCW 46.61.165;

(w) Improper overtaking or passing, as defined by RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, or 46.61.428;

(x) Passing stopped school bus, as defined by RCW 46.61.370;

(y) Passing stopped private carrier bus, as defined by RCW 46.61.375;

(z) Following too closely, as defined by RCW 46.61.145;

(aa) Following fire apparatus, as defined by RCW 46.61.635;

(bb) Crossing fire hose, as defined by RCW 46.61.640;

(cc) Driving on sidewalk, as defined by RCW 46.61.606;

(dd) Driving through safety zone, as defined by RCW 46.61.260;

(ee) Driving with wheels off roadway, as defined by RCW 46.61.670;

(ff) Impeding traffic, as defined by RCW 46.61.100, 46.61.425, or 46.20.427;

(gg) Improper turn, as defined by RCW 46.61.290;

(hh) Prohibited turn, as defined by RCW 46.61.295;

(ii) Failure to signal or improper signal, as defined by RCW 46.61.305, 46.61.310, or 46.61.315;

(jj) Improper backing, as defined by RCW 46.61.605;

(kk) Unlawful operation of motorcycle on roadway, as defined by RCW 46.61.608, 46.61.612, or 46.61.614;

(ll) Reckless endangerment, as defined by RCW 9A.36.050;

(mm) Failure to maintain control, as defined by RCW 46.61.445;

(nn) Violation of license restriction(s), as defined by RCW 46.20.041;

(oo) Violation of instruction permit restrictions, as defined by RCW 46.20.055;

(pp) Violation of out-of-service order, as defined by RCW 46.25.090;

(qq) Obstructed vision or control, as defined by RCW 46.61.615;

(rr) Carrying persons or animals outside of vehicle, as defined by RCW 46.61.660;

(ss) Carrying passenger in towed vehicle, as defined by RCW 46.61.625;

(tt) Coasting on downgrade, as defined by RCW 46.61.630;

(uu) Violation of child restraint requirements, as defined by RCW 46.61.687;

(vv) Carrying child under the age of five years old on motorcycle, as defined by RCW 46.37.530;

(ww) Carrying passenger improperly on motorcycle, as defined by RCW 46.61.610;

(xx) No helmet, goggles, mirrors, windshield or face shield, as defined by RCW 46.37.530;

(yy) Operating moped on freeway or sidewalk, as defined by RCW 46.61.710;

(zz) Driving without lights, as defined by RCW 46.37.020;

(aaa) Failure to dim lights, as defined by RCW 46.37.230;

(bbb) Operating motorcycle without lights, as defined by RCW 46.37.522;

(ccc) No lamp, reflector, or flag on extended load, as defined by RCW 46.37.140;

(ddd) Wearing earphones or viewing television in vehicle, as defined by RCW 46.37.480;

(eee) Failure to secure load, as defined by RCW 46.37.490;

(fff) Spilling load, as defined by RCW 46.61.655;

(ggg) Improper towing, as defined by RCW 46.44.070;

(hhh) Reckless endangerment of roadway workers, as defined in RCW 46.61.527;

(iii) Using a personal electronic device while driving, as defined by RCW 46.61.672;

(jjj) Dangerously distracted driving, as defined by RCW 46.61.673;

(kkk) Using a hand-held mobile telephone while driving, as defined by RCW 46.61.667 (1)(b) (repealed by 2017 c 334 § 2); and

(lll) Texting while driving a commercial motor vehicle, as defined by RCW 46.61.668 (1)(b) (repealed by 2017 c 334 § 2).

History

Statutory Authority: RCW 46.01.110, 46.20.119, and 2021 c 240. WSR 22-24-036, § 308-104-160, filed 11/30/22, effective 12/31/22. Statutory Authority: RCW 46.01.110, 46.20.2891, 46.82.290, and 46.90.010. WSR 17-21-026, § 308-104-160, filed 10/10/17, effective 11/10/17. Statutory Authority: RCW 46.01.110 and 46.20.2891. WSR 16-16-101, § 308-104-160, filed 8/2/16, effective 9/2/16. Statutory Authority: RCW 46.01.110, 46.20.2891, 46.20.291, and 46.65.020. WSR 14-04-014, § 308-104-160, filed 1/24/14, effective 2/24/14
WSR 13-04-059, § 308-104-160, filed 2/1/13, effective 3/4/13. Statutory Authority: RCW 46.01.110. WSR 00-18-070, § 308-104-160, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.10.110. WSR 92-08-045, § 308-104-160, filed 3/25/92, effective 4/25/92. Statutory Authority: RCW 46.20.391, 46.01.100 and 46.65.020. WSR 86-07-018 (Order DS 2), § 308-104-160, filed 3/12/86. Statutory Authority: RCW 46.01.110. WSR 82-21-002 (Order 697-DOL), § 308-104-160, filed 10/7/82
WSR 82-03-046 (Order 668 DOL), § 308-104-160, filed 1/19/82.

Wash. Admin. Code § 308-104-170 Alcohol or drug abuse treatment program.

(1) For the purposes of Title 46 RCW, a person shall be deemed to have undertaken and followed a course of treatment for alcohol or drug abuse on a program approved by the department of health if they have been under said program for at least 60 days: Provided, that the department may accept a shorter treatment term upon a showing that the full 60 days of treatment would not be in the best interest of the person's recovery progress.

(2) The term "program approved by the department of health," as used in Title 46 RCW, shall mean an alcohol or drug abuse treatment program meeting the requirements of chapter 246-341 WAC.

History

Statutory Authority: RCW 46.01.110 and 2025 c 23. WSR 25-16-105, s 308-104-170, filed 8/6/25, effective 9/6/25. Statutory Authority: RCW 46.01.110. WSR 00-18-070, § 308-104-170, filed 9/1/00, effective 10/2/00
WSR 93-22-071, § 308-104-170, filed 11/1/93, effective 12/2/93
WSR 82-03-046 (Order 668 DOL), § 308-104-170, filed 1/19/82.

Wash. Admin. Code § 308-104-340 Formal hearings—Habitual traffic offenders.

At the formal hearing held by the department to determine whether the driver is a habitual offender, the certified abstract of convictions of traffic offenses or determinations that the indicated traffic infractions occurred shall be prima facie evidence that the person named therein was duly convicted by the court wherein such conviction or holding was made of each offense or infraction shown by such transcript or abstract.

A person may bring a collateral attack on the constitutional validity of the convictions for the traffic offenses giving rise to the proposed license revocation, pursuant to RCW 46.65.020(1): Provided, however, That the person collaterally attacking the constitutional validity of any conviction for a traffic offense must prove by clear, cogent and convincing evidence both of the following:

(1) That the person pleaded guilty to a traffic offense for which imprisonment was authorized without having been advised of his or her right to be represented by counsel and or his or her right to have counsel appointed if indigent; and

(2) As the result of the guilty plea, the driver was sentenced to jail and actually served time in jail.

The department may, in addition, consider any records in its possession with respect to any conviction(s) which is (are) being collaterally attacked.

History

Statutory Authority: RCW 46.01.110. WSR 92-08-045, § 308-104-340, filed 3/25/92, effective 4/25/92.

Chapter 308-105 Enhanced drivers' license and identicard.

Wash. Admin. Code § 308-105-010 Definitions.

As used in this chapter, unless the context requires otherwise, the term:

(1) "Enhanced driver's license" means a driver's license that is issued under RCW 46.20.202.

(2) "Enhanced identicard" means an identicard that is issued under RCW 46.20.202.

History

Statutory Authority: RCW 46.01.110 and 46.20.202. WSR 07-22-031, § 308-105-010, filed 10/29/07, effective 11/29/07.

Wash. Admin. Code § 308-105-020 Application for enhanced driver's license or identicard.

WAC 308-105-020

(1) An applicant for an enhanced driver's license must be eligible for a standard driver's license under chapter 46.20 RCW, provide the information required by RCW 46.20.091 and WAC 308-104-014, and establish their identity as provided by RCW 46.20.035 and WAC 308-104-040.

(2) An applicant for an enhanced identicard must be eligible for a standard identicard under chapter 46.20 RCW, provide the information required by RCW 46.20.117 and WAC 308-104-014, and establish their identity as provided by RCW 46.20.035 and WAC 308-104-040.

(3) An applicant for an enhanced driver's license or identicard must sign a declaration acknowledging that they have been notified that the enhanced driver's license or identicard contains a radio frequency identification chip, that they have been given written information on the type of information the chip contains and how it may be used, and that tampering with or deactivating the chip will invalidate the enhanced driver's license or identicard for purposes of border crossing.

(4) An applicant for an enhanced driver's license or identicard must provide the department with satisfactory proof of United States citizenship. United States citizenship may be established by providing at least one of the following pieces of documentation:

(a) A United States passport that is valid;

(b) Certified state birth certificate;

(d) Certificate of citizenship; or

(e) Department of state consular report of birth abroad.

(5) An applicant for an enhanced driver's license or identicard must provide the department with satisfactory proof of residency in the state of Washington.

(6) An enhanced driver's license or identicard will not be issued to an applicant who is unable to provide the department with satisfactory proof required under this section.

History

Statutory Authority: RCW 46.01.110, 46.20.202, and 46.25.140. WSR 26-15-017, s 308-105-020, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 46.01.110, 46.20.202, and 6 C.F.R. 37. WSR 19-07-070, § 308-105-020, filed 3/19/19, effective 4/19/19. Statutory Authority: RCW 46.01.110 and 46.20.202. WSR 07-22-031, § 308-105-020, filed 10/29/07, effective 11/29/07.

Wash. Admin. Code § 308-105-030 Enhanced driver's license or identicard denial—Hearing.

WAC 308-105-030

(1) Within 20 days of the date of notification by the department that an application for an enhanced driver's license or identicard has been denied under WAC 308-105-020(6), the aggrieved person may submit a written request for a formal hearing to contest the department's decision.

(2) Within 20 days of receipt of a request for a formal hearing, the department shall notify the requester in writing of the time and location of the hearing.

(3) The hearing shall be conducted by a hearing officer appointed by the director. The director may delegate the authority to render final decisions to the hearing officer.

(4) The scope of the hearing shall be limited to the following issues:

(a) Has the applicant provided the necessary documentation and information;

(b) Has the applicant established their identity;

(d) Has the applicant established that they maintain permanent residency in the state of Washington?

(5) The person shall have the burden of providing that they have established the requirements listed in subsection (4) of this section.

(6) Upon conclusion of the hearing, the hearing officer shall make written findings on the matter under consideration and shall sustain, modify, or reverse the department's denial of the application for an enhanced driver's license or identicard. The department shall notify the person of the hearing officer's decision and of the person's right to request an appeal in the superior court in the county of their residence in writing either by personal service or by first class mail set to the last address of record.

(7) A person denied an enhanced driver's license or identicard under subsection (6) of this section shall have the right within 30 days after receiving notice of the decision following a formal hearing to file a notice of appeal in the superior court in the county of their residence. The hearing on the appeal hereunder shall be de novo.

(8) If the person does not request a formal hearing within the time specified in subsection (1) of this section, or fails to appear for the hearing, said person shall have waived their right to any further administrative remedies, including the right to appeal, and the case shall be remanded to the department and the department's previous decision denying the enhanced driver's license or identicard shall be affirmed.

History

Statutory Authority: RCW 46.01.110, 46.20.202, and 46.25.140. WSR 26-15-017, s 308-105-030, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 46.01.110 and 46.20.202. WSR 07-22-031, § 308-105-030, filed 10/29/07, effective 11/29/07.

Chapter 308-106 Mandatory insurance.

Wash. Admin. Code § 308-106-010 Insurance identification card.

(1) Any person who operates a motor vehicle subject to registration under chapter 46.16 RCW must have an identification card in his or her possession, as required by section 4(1), chapter 353, Laws of 1989, unless exempt under section 2 (4)(a) or (b) of that chapter.

(2) In the event that an identification card contains a description of the insured vehicle(s), and the person acquires any additional or replacement vehicle(s), possession of a valid insurance identification card previously issued, along with proof of recent acquisition or transfer of ownership of the additional or replacement vehicle(s), shall be deemed to fulfill the requirements of this section for a period not to exceed thirty days after such vehicle(s) was acquired. The person must notify the company issuing the identification card of the acquisition of the additional or replacement vehicle(s) within fifteen days of acquisition. Possession of any binder issued pending the issuance of a motor vehicle liability policy shall likewise be deemed to fulfill the requirements of this section.

History

Statutory Authority: RCW 46.01.110 and 1989 c 353 § 3. WSR 89-22-030, § 308-106-010, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 308-106-020 Insurance identification card—Content.

Whenever an insurance company issues or renews a motor vehicle liability insurance policy, the company shall provide the policy holder with an identification card that is to include, at a minimum:

(a) The name of the insurance company;

(b) The policy number;

(d) The expiration date of the policy; and

(e) A description of the year, make and/or model of the insured vehicle(s) and/or the name of the insured driver. If there are five or more vehicles under common ownership, the word "fleet" may be used in place of the vehicle description. The insurance company may issue a supplemental listing of vehicles covered.

If an insurance company issues an identification card containing information in addition to that identified above, the above information shall be printed in such a way so as to be readily discernible. To the extent practical, the insurance identification card shall be printed in a manner so as to discourage tampering.

History

Statutory Authority: RCW 46.01.110 and 1989 c 353 § 3. WSR 89-22-030, § 308-106-020, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 308-106-030 Insurance identification card—Self-insurance—Certificate of deposit—Bond.

A person or organization providing proof of compliance through self-insurance, as provided in RCW 46.29.630, certificate of deposit, as provided in RCW 46.29.550, or bond, shall provide an identification card to all covered drivers. The card shall contain the following information:

(a) For persons or organizations who are self-insured:

(i) The self-insurance number issued by the department;

(ii) The effective date of the certificate of self-insurance; and

(iii) A description of the year, make and/or model of the vehicles covered by the certificate of self-insurance and/or the name of the driver covered by the certificate of self-insurance. The word "fleet" may be used in place of the vehicle description. The person or organization may issue a supplemental listing of vehicles covered;

(b) For persons or organizations who are covered by a certificate of deposit:

(i) The certificate number issued by the department; and

(ii) The name of the driver covered by the certificate of deposit;

(i) The name of the company issuing the bond;

(ii) The bond number; and

(iii) The name of the driver covered by the bond.

History

Statutory Authority: RCW 46.01.110 and 46.30.030. WSR 14-20-102, § 308-106-030, filed 9/30/14, effective 10/31/14. Statutory Authority: RCW 46.01.110 and 1989 c 353 § 3. WSR 89-22-030, § 308-106-030, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 308-106-050 Verifying participation in senior driver accident prevention course offered in an alternative method of delivery.

(1) An older insured driver is eligible for insurance premium reduction upon completion of a senior driver accident prevention course, as provided by RCW 48.19.460.

(2) This premium reduction is allowed for courses given in a classroom setting and courses given by an alternative delivery method, including but not limited to, internet, video, or other technology based methods.

(3) Courses provided by an alternative method of delivery must be approved by the department of licensing.

(4) Providers of senior driver accident prevention courses given by an alternative delivery method will include a process to determine that participants seeking certification for the course have completed the course. The process could include, but is not limited to:

(a) Timers that limit how fast the course can be viewed;

(b) Quizzes to determine if the participant understands the course content; or

(c) Asking the participant to provide information at the beginning of the course, and then asking questions during the course to verify that information. The information requested will not be of a nature that would compromise the participant's identity or security. These questions will be used to ensure that the participant who is taking the course is actually the person receiving the course material.

(5) Providers of senior driver accident prevention courses given by an alternative delivery method will maintain records of participants who complete the course and are issued certificates. These records will be made available to the department of licensing upon written request.

History

Statutory Authority: RCW 46.01.110 and 46.19.460. WSR 08-20-024, § 308-106-050, filed 9/19/08, effective 10/20/08.

Chapter 308-107 Ignition interlock driver's license.

Wash. Admin. Code § 308-107-010 Definitions.

As used in this chapter, unless the context requires otherwise, the term:

(1) "Authorized service provider" or "ignition interlock vendor" means a person, company, or contractor to a company meeting all qualifications set out in chapter 204-50 WAC and approved and trained by a manufacturer to service, install, monitor, calibrate, and provide information on manufacturer's devices currently certified for use in Washington state.

(2) "Breath or blood alcohol concentration (BAC)" means the amount of alcohol in a person's blood or breath determined by chemical analysis, which shall be measured by grams of alcohol per:

(a) One hundred milliliters of blood; or

(b) Two hundred ten liters of breath.

(3) "Commission" means the Washington traffic safety commission.

(4) "Device" means an ignition interlock device as defined under RCW 46.04.215 and WAC 204-50-030.

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

(6) "Event log report" means a compilation of the data downloaded from a device under the provisions of WAC 204-50-080.

(7) "Functioning device" means a device that is properly installed, maintained, and meets the requirements specified in chapter 204-50 WAC.

(8) "Manufacturer" or "ignition interlock company" means the person, company, or corporation who produces an ignition interlock device, and certifies to the Washington state patrol that an authorized service provider is qualified to service, install, monitor, calibrate, and provide information on devices.

History

Statutory Authority: RCW 46.01.110 and 46.20.385. WSR 11-01-037, § 308-107-010, filed 12/6/10, effective 1/6/11. Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. WSR 08-24-059, § 308-107-010, filed 11/26/08, effective 1/1/09.

Wash. Admin. Code § 308-107-020 Ignition interlock driver's license—Application—License term.

(1) A person applying for an ignition interlock driver's license must meet the requirements of RCW 46.20.380 and 46.20.385, and submit the following:

(a) A nonrefundable application fee of one hundred dollars;

(b) An application on a form provided by the department;

(d) Proof from an installer approved by the department that a functioning ignition interlock device has been installed.

If all the requirements for an ignition interlock driver's license are not met within thirty days after the application has been accepted by the department, the license will be denied.

(2) Reapplication for the ignition interlock driver's license may be required whenever a new administrative suspension or revocation is imposed.

History

Statutory Authority: RCW 46.01.110 and 46.20.385. WSR 11-01-037, § 308-107-020, filed 12/6/10, effective 1/6/11
WSR 09-19-086, § 308-107-020, filed 9/18/09, effective 10/19/09. Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. WSR 08-24-059, § 308-107-020, filed 11/26/08, effective 1/1/09.

Wash. Admin. Code § 308-107-030 Functioning device—Satisfactory proof of installation.

For purposes of RCW 46.20.385, satisfactory proof of installation of a functioning device must include:

(1) An ignition interlock status verification form submitted by a manufacturer who has entered into an agreement with the department under WAC 308-107-050(2), or by an authorized service provider associated with such manufacturer, indicating that a device has been installed on a vehicle owned or operated by the driver; and

(2) An event log report periodically submitted by the manufacturer to the commission, as provided by WAC 308-107-080, indicating that the device is being maintained under WAC 204-50-080.

History

Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. WSR 08-24-059, § 308-107-030, filed 11/26/08, effective 1/1/09.

Wash. Admin. Code § 308-107-040 Functioning device—Evidence that device is no longer installed or functioning.

(1) For purposes of RCW 46.20.311, 46.20.385, and 46.20.740, the department may determine that a device is no longer installed or functioning in the vehicle(s) driven by a person based on:

(a) An ignition interlock status verification form submitted by a manufacturer, or by an authorized service provider associated with such manufacturer, indicating that a device is no longer installed or functioning;

(b) Notice from the commission that a report received under WAC 308-107-080 indicates that a device is no longer installed or functioning or that the driver has failed to appear for scheduled maintenance;

(c) The termination or expiration without renewal of an agreement entered into between the department and the manufacturer of the device(s) installed in the vehicle(s) driven by the person; or

(d) A conviction under RCW 46.20.740(2) for operating a motor vehicle that is not equipped with a functioning device.

(2) Before making a determination under this section, the department may consider evidence from the person indicating that:

(a) The person is no longer operating the vehicle in which a device is no longer installed or functioning and that another vehicle driven by the person is so equipped; or

(b) The device has been replaced with a functioning device installed by another manufacturer or authorized service provider.

(3) Once the department has determined under this section that a device is no longer installed or functioning, the person must re-establish that a functioning device has been installed before a license may be reinstated or reissued during the remainder of an applicable period of restriction.

History

Statutory Authority: RCW 46.01.110 and 2024 c 306. WSR 26-01-133, s 308-107-040, filed 12/18/25, effective 1/1/26. Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. WSR 08-24-059, § 308-107-040, filed 11/26/08, effective 1/1/09.

Wash. Admin. Code § 308-107-050 Ignition interlock device revolving account.

(1)(a) As required under RCW 46.20.385 (6)(a), unless determined by the department to be indigent under WAC 308-107-060, a person who is applying for or has been issued an ignition interlock driver's license, or (b) a person who is restricted under RCW 46.20.720, must pay an additional fee of $21 per month or partial month for which the ignition interlock driver's license is valid or an ignition interlock device is installed to the manufacturer of the device(s) installed in the motor vehicle(s) driven by the person. Payment may be made directly to the manufacturer, or through the authorized service provider, depending upon the manufacturer's business practices.

(2) A manufacturer providing devices to persons who are required to have an ignition interlock device, either directly or through an authorized service provider, must enter into an agreement with the department for the collection and transmittal of the $21 monthly fee required under RCW 46.20.385 (6)(a) or 46.20.720(6). Any agreement made under this section must include appropriate reporting requirements and accounting practices to permit the department to audit the handling of the fees that must be remitted to the department. The department may terminate an agreement with a manufacturer upon a showing of good cause. Good cause may include, but not be limited to;

(a) Violation of the agreement;

(b) Violation of the laws and rules governing the installation of devices; or

An agreement between the department and a manufacturer will be valid for no more than four years, provided that the department may extend an agreement for up to an additional four years at its discretion.

(3) As provided by RCW 46.20.385 (6)(b) and 46.20.720(6), the department shall deposit the proceeds of the $21 fee into the ignition interlock device revolving account.

History

Statutory Authority: RCW 46.20.385 and 46.01.110. WSR 22-03-079, § 308-107-050, filed 1/18/22, effective 2/18/22. Statutory Authority: RCW 46.01.110, 46.20.385, and 46.20.720. WSR 12-17-076, § 308-107-050, filed 8/14/12, effective 9/14/12. Statutory Authority: RCW 46.01.110 and 46.20.385. WSR 11-01-037, § 308-107-050, filed 12/6/10, effective 1/6/11. Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. WSR 08-24-059, § 308-107-050, filed 11/26/08, effective 1/1/09.

Wash. Admin. Code § 308-107-060 Indigence—Monetary assistance—Determination of need.

(1)(a) A person who is required to have an ignition interlock device may apply to the department for a determination that he or she is indigent for purposes of RCW 46.20.385 and 46.20.745. The department will determine that a person is indigent if the person is:

(i) Receiving one of the following types of public assistance: Temporary assistance for needy families, general assistance, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or

(ii) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the current federally established poverty level.

(b) In making a determination of indigence under this subsection, the department may request that the applicant provide records or other evidence of public assistance, income, payment of taxes, or other relevant issues.

(i) Exempt from paying the additional fee of twenty dollars required under RCW 46.20.385 (6)(a); and

(ii) May apply for monetary assistance under subsection (2) of this section.

(2) Subject to appropriation by the legislature of funds from the ignition interlock device revolving account and the availability of funds in the ignition interlock device revolving account, a person who has been determined to be indigent under this section may apply to the department for monetary assistance in covering the costs of installing, removing, and leasing an ignition interlock device, and any applicable licensing fees.

(3) Subject to funds appropriated, the department may base the amount of monetary assistance provided to an applicant under subsection (2) of this section on a determination of need. Where possible, a determination of need may be based on such factors as:

(a) Total number of persons in household, including the number of dependants;

(b) The age of the applicant and whether the applicant is a dependant of another person;

(d) Liquid assets.

(4) A person who has been determined to be indigent under this section must re-apply for a determination of indigence on an annual basis.

History

Statutory Authority: RCW 46.01.110, 46.20.385, and 46.20.720. WSR 12-17-076, § 308-107-060, filed 8/14/12, effective 9/14/12. Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. WSR 08-24-059, § 308-107-060, filed 11/26/08, effective 1/1/09.

Wash. Admin. Code § 308-107-070 Ignition interlock driver's license—Hearing.

(1) Upon notification by the department that an ignition interlock driver's license has been denied under RCW 46.20.385 the aggrieved person may request a formal hearing to contest the department's decision. No hearing need be granted where the department is prevented from issuing an ignition interlock driver's license by rule or law. A request for a hearing must be submitted in writing.

(2) Upon notification by the department that a determination has been made under WAC 308-107-060 that a person is not indigent, the person may request a formal hearing to contest the department's determination.

(3) Within ten days of receipt of a request for a hearing, the department shall notify the requester in writing of the time and location of the hearing. The hearing may be held either in the person's county of residence or in any county adjoining the person's county of residence, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means.

(4) The hearing shall be conducted by a hearing officer appointed by the director. The director may delegate the authority to render final decisions to the hearing officer.

(5) For a hearing requested under subsection (1) of this section, the scope of the hearing shall be limited to the following issues:

(a) Whether the person had previously been issued a valid Washington state driver's license, or is in the military, stationed in Washington state, and has a valid home state license;

(b) Whether the suspension or revocation giving rise to the application for an ignition interlock driver's license is one for which an ignition interlock driver's license may be issued under RCW 46.20.385;

(d) Whether the person is currently suspended or revoked for any reason for which an ignition interlock driver's license is not available.

(6) The person's official driving record provided to the hearing officer by the department shall be prima facie evidence of the issues contained in subsection (5) of this section unless the person presents clear and convincing evidence to the contrary.

(7) For a hearing requested under subsection (2) of this section, the person shall have the burden of proving by a preponderance of the evidence that the department's determination is in error.

(8) In the event that the person fails to appear for the hearing, no hearing shall be held. The case shall be remanded to the department and the department's previous decision denying the ignition interlock driver's license, or decision determining that the person is not indigent, shall be affirmed.

History

Statutory Authority: RCW 46.01.110 and 46.20.385. WSR 11-01-037, § 308-107-070, filed 12/6/10, effective 1/6/11. Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. WSR 08-24-059, § 308-107-070, filed 11/26/08, effective 1/1/09.

Wash. Admin. Code § 308-107-080 Ignition interlock device compliance—Pilot program.

(1) As a part of the pilot program established under RCW 46.20.745, an authorized service provider must forward the event log reports for any device maintained under WAC 204-50-080, or a report that the driver failed to appear for the scheduled maintenance, to the manufacturer of the device. The manufacturer of the device must compile the reports received from their authorized service providers in a form specified by the commission and forward the compilation to the commission on a schedule established by the commission.

(2) For the duration of the pilot program, the event log report must include:

(a) The date, time, BAC of the driver, and success or failure of each attempt to start the vehicle;

(b) The date, time, BAC of the driver, and success or failure of each random retest;

(d) All attempts to avoid taking a random retest;

(e) All attempts to circumvent the device;

(f) If no attempts to tamper or circumvent are detected, a statement that the device has been recalibrated and no violations were found;

(g) The total number of events recorded by the data recorder since the last service visit;

(h) The number of vehicle starts; and

(i) The number of failures to start the vehicle.

History

Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. WSR 08-24-059, § 308-107-080, filed 11/26/08, effective 1/1/09.

Wash. Admin. Code § 308-107-090 Ignition interlock device—Medical exemption.

(1) A person applying for an ignition interlock device tolling medical exemption under RCW 46.20.720 (3)(e) must obtain and submit a statement on a department prescribed form certifying the person's condition and have the form signed by a licensed physician or other proper authority designated by the department.

(2) The department may approve or deny the exemption based on the department's evaluation.

(3) The medical exemption decision is for the confidential use of the director, the chief of the Washington state patrol, and any other public officials designated by law. It is exempt from public inspection and copying notwithstanding chapter 42.56 RCW.

(4) The medical exemption shall only be effective during an ignition interlock device period of restriction under RCW 46.20.720 (1)(c) and (d).

(5) Exemptions shall not waive the ignition interlock device duration of restriction.

(6) A person with a medical exemption shall not be eligible to drive, apply for an ignition interlock license, or receive day-for-day credit.

(7) The medical exemption shall be valid for not more than 366 days. For renewal of the medical exemption, a person must submit a new form as outlined in subsection (1) of this section.

(8) The department may invalidate a medical exemption if a person has an ignition interlock device installed.

(9) The department may develop procedures to certify that a person with an ignition interlock device tolling medical exemption meets the removal requirements as outlined in RCW 46.20.720(4).

(10) The department may invalidate the medical exemption and require an application for a new medical exemption if the person's license is subsequently suspended, revoked or canceled for a different violation.

History

Statutory Authority: RCW 46.01.110 and 2024 c 306. WSR 26-01-133, s 308-107-090, filed 12/18/25, effective 1/1/26. Statutory Authority: RCW 46.01.110. WSR 17-22-049, § 308-107-090, filed 10/25/17, effective 11/25/17.

Wash. Admin. Code § 308-107-100 Ignition interlock device—Employer exemption.

(1) A person applying for an ignition interlock device employer exemption under RCW 46.20.720 (6)(b) must submit a declaration pursuant to chapter 5.50 RCW from their employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours on the form provided by the department.

(2) The department may approve or deny the exemption based on the department's evaluation.

(3) The employer exemption decision is for the confidential use of the director, the chief of the Washington state patrol, and any other public officials designated by law. It is exempt from public inspection and copying notwithstanding chapter 42.56 RCW.

(4) The employer exemption shall only be effective during an ignition interlock device period of restriction under RCW 46.20.720 (1)(c) and (d).

(5) Exemptions shall not waive the ignition interlock device duration of restriction.

(6) A person with an employer exemption shall only operate vehicles owned by their employer during work hours and have an ignition interlock device installed in their personal vehicle.

(7) The employer exemption shall be valid for not more than 366 days. For renewal of the employer exemption, a person must submit a new form as outlined in subsection (1) of this section.

(8) The department may invalidate an employer exemption if a person no longer has an ignition interlock device installed in their personal vehicle.

(9) The employer exemption does not apply to a person who is self-employed unless the person's vehicle is used exclusively for the person's employment.

(10) The department may invalidate the employer exemption and require an application for a new employer exemption if the person's license is subsequently suspended, revoked, or canceled for a different violation.

History

Statutory Authority: RCW 46.01.110 and 2024 c 306. WSR 26-01-133, s 308-107-100, filed 12/18/25, effective 1/1/26.

Chapter 308-108 Driver training schools.

Wash. Admin. Code § 308-108-010 Promulgation—Authority.

Pursuant to RCW 46.82.290(2), this chapter is promulgated for the purpose of establishing basic requirements governing the operations and scope of traffic safety education programs that are offered by commercial businesses, and includes policies and practices for monitoring and ensuring the ongoing quality of the commercial driver training program.

History

Statutory Authority: RCW 46.82.290. WSR 05-16-061, § 308-108-010, filed 7/29/05, effective 8/29/05.

Wash. Admin. Code § 308-108-020 Definitions.

The definitions of this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Adult course" means the course offered to adults who do not need the comprehensive driver training education required for minor drivers.

(2) "Behind the wheel instruction" means that portion of a traffic safety education course that consists of on-street, dual-controlled vehicle operation or similar instruction given under simulated conditions that has been approved by the director.

(3) "Branch office" or "branch classroom" means a facility within a 35-mile radius of a driver training school's established place of business, except where the 35-mile radius requirement has been waived or extended by the department as provided by RCW 46.82.360 (6)(c), that has been approved by the department for use by the driver training school.

(4) "Classroom," defined in RCW 46.82.280(2), may also include a virtual classroom environment when video conferencing technology is capable of two-way communication between the instructor and all students.

(5) "Course cost" means the price charged for a course offering before any taxes, subsidies, discounts, or other price reductions or additional fees.

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

(7) "Driver training education course" means the driver training education course as defined in RCW 46.82.280 and following the required curriculum.

(8) "Engage in a course of instruction" means to enroll in, schedule, collect a fee for, or sign an application for an instruction permit in order to attend or take part in a driver training education course.

(9) "Inactive instructor" means an instructor with a valid Washington instructor's license who is no longer employed by or otherwise associated with a licensed driver training school.

(10) "Instructor-led" means person-to-person learning where students can ask questions, receive feedback in real-time, and interaction and discussion are enabled.

(11) "Instructor-trainer" means a currently licensed instructor who is training traffic safety education instructors and who has not less than:

(a) One thousand hours of experience in providing traffic safety education in the past year;

(b) Five years of previous experience in providing traffic safety education; or

(c) One thousand hours or five years experience in the field of traffic safety and proof of training acceptable to the director in how to teach and train others, and not less than 300 hours of previous experience in training others.

(12) "License or endorsement test" means a test that is required to obtain a personal or commercial driver license or permit or a motorcycle permit or endorsement.

(13) "Records" means all documents, papers and reports required to own a driver training school, including but not limited to:

(a) Vehicle registration, title, insurance policy, and maintenance information;

(b) Business financial documents, such as franchise agreements, corporate documents, bank records, partnership agreements, lease agreements, and purchase and sale agreements; and

(14) "Required curriculum" means the Washington Traffic Safety Education Required Curriculum Standards, which prescribes the mandatory content and objectives for all driver education courses in Washington. These standards are jointly developed and approved by the department of licensing and the office of the superintendent of public instruction and are incorporated by reference in this chapter.

(15) "Student" means any person enrolled in an approved driver training education course who is at least 15 years of age.

History

Statutory Authority: RCW 46.01.110, 46.82.290, and 46.82.420. WSR 25-13-068, s 308-108-020, filed 6/13/25, effective 7/14/25. Statutory Authority: 2023 c 445 and RCW 46.01.110. WSR 25-01-054, s 308-108-020, filed 12/11/24, effective 1/11/25. Statutory Authority: RCW 46.82.290 and 46.01.110. WSR 22-22-075, § 308-108-020, filed 10/31/22, effective 12/1/22. Statutory Authority: RCW 46.82.290. WSR 09-21-093, § 308-108-020, filed 10/20/09, effective 11/20/09. Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-020, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. WSR 05-16-061, § 308-108-020, filed 7/29/05, effective 8/29/05.

Wash. Admin. Code § 308-108-025 Fees.

The following fees shall be charged by the driver services division, department of licensing:

| Title of Fee | Fee | | --- | --- | | Driver training school license original application | $500.00 | | Driver training school license renewal application | 250.00 | | Driver training school license transfer | 500.00 | | Branch office or branch classroom original application | 250.00 | | Branch office or branch classroom renewal application | 125.00 | | Instructor's license original application | 125.00 | | Instructor's license renewal application | 100.00 | | Duplicate license | 10.00 | | Knowledge and/or skill examination | 25.00 |

History

Statutory Authority: RCW 46.82.290. WSR 09-21-093, § 308-108-025, filed 10/20/09, effective 11/20/09. Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-025, filed 12/18/06, effective 1/18/07.

Wash. Admin. Code § 308-108-070 Background check and fingerprint check.

An instructor, owner, or other person affiliated with a school who has contact with students must complete a background check through the Washington state patrol criminal identification system and through the federal bureau of investigation, including a fingerprint check, as required by RCW 46.82.325(1).

(1) An applicant for an instructor's license must complete the check at the time of initial application or, for a currently licensed instructor who has not completed such check within the past five years, at the time of the next application for a license renewal.

(2) An owner must complete the check at the time of initial application for a driver training school license or, for an owner of a currently licensed school who has not completed such check within the past five years, at the time of the next application for a license renewal.

(3) A person affiliated with a school who has contact with students must complete the check at the time of initial affiliation with the school or, for a person who is currently affiliated with a school who has not completed such check within the past five years, within the sixty-days prior to the next application for a license renewal for the school. A person who must complete the check under this subsection at the time of initial affiliation with a school may begin duties following the department's notice that it has received an acceptable local criminal background check through the Washington state patrol criminal identification system, pending the outcome of the fingerprint check using the fingerprint card.

(4) For the purpose of chapter 46.82 RCW, a person affiliated with a school is considered to be a person directly or indirectly interested in the driver training school's business.

History

Statutory Authority: RCW 46.82.290. WSR 09-21-093, § 308-108-070, filed 10/20/09, effective 11/20/09. Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-070, filed 12/18/06, effective 1/18/07.

Wash. Admin. Code § 308-108-080 Instructor's license—Application.

(1) To ensure that an applicant or instructor meets the conditions set out in RCW 46.82.330 (2)(a), the department shall review the complete abstract of driving record for all instructor's license applicants and licensed instructors. For this purpose:

(a) A moving traffic violation is an offense listed as a moving violation in WAC 308-104-160. The department will determine the number of moving traffic violations received by an applicant within a given time period based on the date(s) that the violation(s) occurred.

(b) A drug or alcohol-related traffic violation will be deemed to have occurred if it resulted in:

(i) A conviction or finding that a traffic infraction was committed for violation of RCW 46.61.502, 46.61.503, 46.61.504, 46.61.519, 46.61.5195, 46.61.520 (1)(a), 46.61.522 (1)(b), or 46.61.5249, or a substantially similar law, administrative regulation, local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state;

(ii) An administrative action imposed under RCW 46.20.3101;

(iii) An administrative action imposed under RCW 46.25.090 (1)(a), (b), or (e); or

(iv) Entry into a deferred prosecution agreement for an alcohol-dependency based case.

(2) The instructor's license applicant must submit satisfactory evidence of completion of a course of instruction as approved by the director in the training of drivers at time of initial application.

(3) For instructor's licenses that expire on or after July 1, 2007, each application for renewal of an instructor's license must be accompanied by proof of no less than eight hours of continuing professional development as approved by the director.

(4) Application for initial or renewal of an instructor's license is not complete until the applicant passes any examination requirement for licensure under RCW 46.82.320(1) or 46.82.330 (2)(e).

History

Statutory Authority: RCW 46.82.290. WSR 09-21-093, § 308-108-080, filed 10/20/09, effective 11/20/09. Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-080, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. WSR 05-16-061, § 308-108-080, filed 7/29/05, effective 8/29/05.

Wash. Admin. Code § 308-108-090 Instructing instructors in the training of drivers.

(1) The course of instruction approved by the director in the training of drivers required under RCW 46.82.330 (2)(d) shall include instruction in driver education classroom methods and principles that prepare an instructor to provide traffic safety education as described in these rules and in state law.

(2) To ensure the quality of the training given, the instruction course must:

(a) Be provided by, and under the direct supervision of:

(i) An institution of higher learning accredited by the Northwest Association of Schools and Colleges or by an accrediting association recognized by the higher education board;

(ii) A licensed private vocational school as that term is defined by RCW 28C.10.020(7); or

(iii) An instructor-trainer.

(b) Be not less than one hundred hours in total length and consist of:

(i) Not less than forty hours of instruction in behind the wheel teaching methods;

(ii) Not less than twenty hours of supervised practice in behind the wheel teaching of driving techniques;

(iii) Not less than forty hours total of instruction that includes all of the following areas:

(A) Education and special education;

(B) Driver education teacher, instructor, or trainer skills training;

(D) Communication skills;

(E) Teaching the concepts of driving and traffic safety to others;

(F) Educational methods, theories and concepts in teaching a driver education course, and knowledge of all aspects of the driving task;

(G) Developing instructional materials and activities that aid student learning and performance;

(H) Defining and describing the nature of the driving task on public highways;

(I) Establishing and maintaining classroom organization;

(J) Managing enrollment, student scheduling, student records, and required reports; and

(K) Planning a course of student instruction with outlines, lesson plans, and student performance evaluation tools.

(3) The department must approve an instructor training course curriculum before use by an instructor-trainer.

(4) Any revision to an approved instructor training course curriculum used by an instructor-trainer must be submitted for review and approval by the department no less than thirty days prior to its use.

(5) The department may consider other instructional methods, instruction providers, or academic instruction in lieu of those listed in subsection (2) of this section.

(6) The department may monitor instructor education courses at any time to ensure that the instructor training requirements of this section are being satisfied.

History

Statutory Authority: RCW 46.82.290. WSR 09-21-093, § 308-108-090, filed 10/20/09, effective 11/20/09
WSR 07-01-070, § 308-108-090, filed 12/18/06, effective 9/1/07
WSR 05-16-061, § 308-108-090, filed 7/29/05, effective 8/29/05.

Wash. Admin. Code § 308-108-100 Place of business—Classroom space.

(1) The place of business of a driver training school must:

(a) Not be established nor any business of a driver training school conducted or solicited within one thousand feet of an office building owned or leased by the department of licensing in which examinations for driver's licenses are conducted. The distance of one thousand feet shall be measured along the public streets by the nearest route from the place of business to such building. If the department establishes an office in which examinations for driver's licenses are conducted within one thousand feet of a driver training school's existing location, the driver training school may continue operations in such location until there is a change in school ownership, or the license to operate is not renewed or is suspended or revoked for cause.

(b) Be regularly occupied and used exclusively for the business of giving driver instruction, except for purposes of administering examinations as may be permitted under chapter 308-110 WAC. Regularly occupied means that the public and the department can expect to make contact with the school owner or its staff or instructors at the main office during its business hours; and

(2) A driver training school's classroom space must:

(a) Provide sufficient seating and table or desk space for all students enrolled in each class;

(b) Be properly equipped with all other equipment necessary for student training and instruction purposes; and

(c) Be separated from the business office by using walls, partitions, or alternate scheduling when a school must use one space for both activities.

History

Statutory Authority: RCW 46.01.110 and 46.82.450. WSR 12-17-059, § 308-108-100, filed 8/10/12, effective 9/10/12. Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-100, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. WSR 05-16-061, § 308-108-100, filed 7/29/05, effective 8/29/05. Statutory Authority: RCW 46.01.110. WSR 91-01-063, § 308-108-100, filed 12/14/90, effective 1/14/91.

Wash. Admin. Code § 308-108-110 Traffic safety education vehicles.

(1) All vehicles used for student instruction by a commercial driver training school shall:

(a) Carry a minimum twenty-piece approved first aid kit, fire extinguisher safely secured in the vehicle and fully charged, and an emergency strobe light, reflective triangle, or two eighteen-inch traffic cones;

(b) Maintain an annual vehicle inspection form meeting minimum equipment and safety criteria established by the department that has been conducted by or for the school owner; and

(2) Records of all traffic safety education vehicles used by a commercial driver training school shall:

(a) Be maintained at the school's primary place of business; and

(b) Include the original insurance policy or policies covering the vehicles and copies of the current vehicle registrations and annual vehicle safety inspection report.

History

Statutory Authority: RCW 46.82.290. WSR 09-21-093, § 308-108-110, filed 10/20/09, effective 11/20/09. Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-110, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. WSR 05-16-061, § 308-108-110, filed 7/29/05, effective 8/29/05.

Wash. Admin. Code § 308-108-120 Administration.

(1) The driver training school's license and all instructor certificates shall be posted in a conspicuous place before engaging students in a course of instruction. An additional electronic copy will be provided to school customers, upon request.

(2) Each driver training school shall adopt and provide for its customers a written policy that includes, but is not limited to:

(a) Enrollment criteria;

(b) Student fees and student fee refunds;

(d) The minimum and maximum course duration;

(e) Refusing to allow a student to attend a driver training education course before the age of 15 years;

(f) Refusing to enroll new students in a driver education course after the first three classes have been completed; and

(g) Information about Washington's intermediate licensing requirements, restrictions, and penalties and a place for parents to initial indicating that they have received the information.

(3) Driver training school owners and instructors shall maintain individual student records on forms provided by the department or on substantially similar forms that have been approved by the department. Student records shall document for each student:

(a) Course attendance, starting, and ending dates;

(b) The dates and times for each session of classroom and behind the wheel instruction;

(d) Classroom and behind the wheel performance evaluation results;

(e) The name and signature of the instructor who provided each session of classroom and behind the wheel instruction; and

(f) That both the student and parent received intermediate license requirements, restriction, and penalty information.

(4) Student records must be maintained by a driver training school for three years from the date instruction has ended.

(5) Driver training school records that must be maintained by a driver training school for three years, include but are not limited to:

(a) The school's written curriculum guide;

(b) Insurance policies;

(d) Traffic safety education vehicle registration records; and

(e) Records of any traffic violations committed by an instructor employed by the school.

(6) Upon the sale or other transfer of a school by its owner, the school and student records shall be transferred to the new owner and become the property and responsibility of the new owner.

(7) The driving school owner must notify the department within 30 days of closing the school and submit all unused traffic safety certificates and student course completion reports to the department.

(8) Class size must not exceed city fire code requirements for the classroom.

(9) Traffic safety education classroom hours shall not overlap between two or more classes.

(10) Failure to renew a school license before it expires will put all related branch office or branch classroom licenses into an inactive status.

(11) Student records are subject to department audit and inspection anytime after 90 days of the school's initial licensing, or as soon as practicable for the department.

(12) Branch office or classroom locations must display an official license issued by the department in a conspicuous place.

History

Statutory Authority: RCW 46.82.290 and 46.01.110. WSR 22-22-075, § 308-108-120, filed 10/31/22, effective 12/1/22. Statutory Authority: RCW 46.82.290. WSR 09-21-093, § 308-108-120, filed 10/20/09, effective 11/20/09. Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-120, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. WSR 05-16-061, § 308-108-120, filed 7/29/05, effective 8/29/05.

Wash. Admin. Code § 308-108-130 Inspection and review.

(1) The department may require that a driver training school owner submit to an inspection or review of the school's operations and records at any time during regular business hours.

(2) Records shall be housed electronically or via hard copy and made available for inspection within two business days following a request for review by the department.

(3) Schools will provide the department access to virtual classroom sessions upon request.

History

Statutory Authority: RCW 46.82.290 and 46.01.110. WSR 22-22-075, § 308-108-130, filed 10/31/22, effective 12/1/22. Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-130, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. WSR 05-16-061, § 308-108-130, filed 7/29/05, effective 8/29/05.

Wash. Admin. Code § 308-108-140 Reporting requirements.

(1) All driver training school owners shall:

(a) Report to the department within 10 days any driving or traffic-related incidents involving an instructor employed by the school including, but not limited to:

(i) Conviction for a traffic violation;

(ii) Finding that a traffic infraction has been committed;

(iii) Entry into a deferred prosecution agreement; or

(iv) Suspension, revocation, cancellation, or denial of driving privileges.

(b) Report to the department within 24 hours following any traffic safety education vehicle involved in a traffic collision for which an accident report must be or has been made under the provisions of RCW 46.52.030. Prior to the return to service of any traffic safety education vehicle that has been involved in a collision, the school owner must forward a vehicle inspection report to the department.

(c) Forward to the department by the seventh day of each month, a report of student enrollment in traffic safety education courses provided by the school, including but not limited to:

(i) The start date and end date of any courses provided by the school that are initiated during the reporting period, including the total number of students enrolled in each course;

(ii) The names and certificate numbers of all instructors providing classroom and/or behind the wheel instruction for each course;

(iii) The names and instruction permit or driver's license numbers or dates of birth of all students enrolled in each course, along with the identifying number of the traffic safety education certificate reserved for each student for issuance upon successful completion of the course.

(d) Not less than annually, have completed and have on file at the main school location a vehicle inspection report as required under WAC 308-108-110 (1)(b) for all traffic safety education vehicles in use by the school.

(e) Report to the department within 10 days any new vehicles used by the school for instructional purposes or any vehicles taken out of service.

(2) All driver training schools must report the following information to the department at time of license application, license renewal, and no less than once per year unless otherwise specified in this or another chapter:

(a) Name of business;

(b) Location(s) where services are provided, in standard USPS format;

(i) Phone number;

(ii) Email address;

(iii) Website (if applicable);

(d) Language(s) training course services are offered in;

(e) Course offerings, including:

(i) Driver training education course;

(ii) Adult course;

(iii) Course cost; and

(f) License or endorsement test offerings.

History

Statutory Authority: 2023 c 445 and RCW 46.01.110. WSR 25-01-054, s 308-108-140, filed 12/11/24, effective 1/11/25. Statutory Authority: RCW 46.82.290. WSR 09-21-093, § 308-108-140, filed 10/20/09, effective 11/20/09. Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-140, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. WSR 05-16-061, § 308-108-140, filed 7/29/05, effective 8/29/05.

Wash. Admin. Code § 308-108-150 Course requirements.

Driver training schools that provide education for persons under the age of 18 must ensure their course:

(1) Includes a minimum of 30 hours of classroom instruction;

(2) Meets the behind the wheel instruction and observation requirements of WAC 308-108-160;

(3) Has a minimum of one hour and no more than two hours of classroom instruction and no more than one hour of behind the wheel instruction during a single day, except when adding a make-up class, in which case classroom instruction must not exceed four hours in a single day;

(4) Has a classroom portion that is instructor-led, where the instructor is present for the duration of instruction, and consists of:

(a) Lecture, group work, videos, and/or other activities;

(b) Teacher and student interaction; and

(5) Has no more than six make-up hours of alternative instructor-led classroom instruction, delivering the same information that was missed.

(6) Has all students in a classroom session on the same lesson, with the exception of make-up lessons. Open enrollment or self-paced instruction is not permitted;

(7) Is not completed in fewer than 30 calendar days;

(8) Includes comprehensive final written and behind the wheel examinations;

(9) Has a flow chart that indicates how the classroom and behind the wheel instruction are completed throughout the course;

(10) Includes information on the state of Washington's intermediate license requirements, restrictions, violations, and sanctions for violation of these requirements;

(11) Includes the delivery of instructional material developed by the department and the federally designated organ procurement organization for Washington state relating to organ and tissue donation awareness education; and

(12) Has a designated time for a parent, guardian, or employer night that is no less than one hour, which may fulfill one of the 30 hours required for student training, and must include:

(a) Instruction on the parent, guardian, or employer responsibilities and the importance of parent, guardian, or employer involvement with the teen driver;

(b) Information on intermediate license laws, restrictions, and sanctions;

(d) A questions and answers period.

History

Statutory Authority: RCW 46.82.290 and 46.01.110. WSR 22-22-075, § 308-108-150, filed 10/31/22, effective 12/1/22. Statutory Authority: Chapter 46.82 RCW. WSR 19-07-058, § 308-108-150, filed 3/18/19, effective 4/18/19. Statutory Authority: RCW 46.82.290. WSR 09-21-092, § 308-108-150, filed 10/20/09, effective 1/1/10. Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-150, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. WSR 05-16-061, § 308-108-150, filed 7/29/05, effective 8/29/05.

Wash. Admin. Code § 308-108-155 Required curriculum.

(1) The curriculum for traffic safety education courses in Washington state shall comply with the Washington Traffic Safety Education Required Curriculum Standards, published and jointly approved by the department of licensing and the office of the superintendent of public instruction pursuant to RCW 46.82.420. These standards are incorporated by reference into this chapter and are available for review on the department's website.

(2) Courses must include instruction on the following concepts outlined in the required curriculum:

(a) Classroom standards:

(i) Traffic safety education introduction;

(ii) Vehicle components;

(iii) Vehicle maintenance and malfunctions;

(iv) Vehicle handling;

(v) Vehicle safety technology systems;

(vi) Driver behavior;

(vii) Driver attention and perception;

(viii) Driver respect and responsibility;

(ix) Rules of the road;

(x) Sharing the road;

(xi) Perception and risk management;

(xii) Emergencies and adverse conditions;

(b) Behind-the-wheel standards:

(i) Vehicle components and safety technology;

(ii) Vehicle handling;

(iii) Driver behavior;

(iv) Driver attention;

(v) Sharing the road;

(vi) Hazard awareness and navigation.

(3) Driver training schools must submit a detailed description of their course curriculum to the DOL using the designated form. This form must outline how the school's instruction fulfills the required curriculum standards, specifying whether they are using preapproved instructional resources or submitting their own materials for department review and approval.

(4) The school must update the designated form and submit changes in curriculum to the department for review and approval.

History

Statutory Authority: RCW 46.01.110, 46.82.290, and 46.82.420. WSR 25-13-068, s 308-108-155, filed 6/13/25, effective 7/14/25. Statutory Authority: RCW 46.82.420. WSR 20-05-084, § 308-108-155, filed 2/18/20, effective 3/20/20.

Wash. Admin. Code § 308-108-160 Behind the wheel instruction and observation.

(1) Instruction provided to students under the age of eighteen must include:

(a) Behind the wheel instruction consisting of:

(i) Not less than six hours of on-street behind the wheel vehicle operation under the direct supervision and direction of a licensed instructor; or

(ii) Five or more hours of on-street behind the wheel vehicle operation and four or more hours of driving simulation instruction under the direct supervision and direction of a licensed instructor; and

(b) One or more hours of additional in-vehicle driver observation.

(2) Behind the wheel instruction must be documented on a form provided or approved by the department, including the time the instruction was conducted, the signature of the instructor, and initials of the student.

History

Statutory Authority: RCW 46.82.290. WSR 07-01-070, § 308-108-160, filed 12/18/06, effective 9/1/07
WSR 05-16-061, § 308-108-160, filed 7/29/05, effective 8/29/05.

Wash. Admin. Code § 308-108-165 Prohibition on wireless communication devices during instruction.

(1) Driving school instructors must not use personal electronic devices, hands-free or otherwise, that distract from or interfere with the behind the wheel or classroom instruction task. This includes the use of any communications devices that result in verbal or written text responses while conducting instruction. While supervising the operation of a vehicle, instructors are additionally prohibited from sending or receiving messages with these devices. Ring volumes for these devices, or any phone in proximity, are to be silenced so as not to interfere in any way with the student learning or interacting with the instructor.

(2) This section does not apply to voice activated GPS devices or classroom devices that are being used as part of an approved curriculum. This section also does not preclude the use of devices to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property, as permitted under RCW 46.61.672.

(3) An unreasonable risk associated with a failure to obey this section is a violation of RCW 18.235.130(4).

(4) This section does not prohibit the use of wireless communication devices during instruction if the use is to access a virtual classroom or in the case of an emergency.

History

Statutory Authority: RCW 46.82.290 and 46.01.110. WSR 22-22-075, § 308-108-165, filed 10/31/22, effective 12/1/22. Statutory Authority: RCW 46.01.110, 46.20.2891, 46.82.290, and 46.90.010. WSR 17-21-026, § 308-108-165, filed 10/10/17, effective 11/10/17. Statutory Authority: RCW 46.82.290. WSR 09-21-093, § 308-108-165, filed 10/20/09, effective 11/20/09.

Wash. Admin. Code § 308-108-170 Ensuring student accomplishment.

(1) Each driver training school must have a written curriculum guide available to each instructor and such guide shall be used for student instruction.

(2) In order to receive a traffic safety education certificate, all students under the age of 18 must satisfactorily complete all portions of the course of instruction included in the student curriculum as approved by the driver instructors' advisory committee.

(3) In order to satisfactorily complete a school's driver training course, all students under the age of 18 must pass a comprehensive driving knowledge and skills test or tests that deals with all or many of the relevant details of the course curriculum that meets the standards established by the department.

(4) Each driver training school must assess the needs and progress of students and give appropriate direction for additional driving experience and/or guided practice provided by a licensed driver with at least five years of driving experience.

History

Statutory Authority: RCW 46.82.290 and 46.01.110. WSR 22-22-075, § 308-108-170, filed 10/31/22, effective 12/1/22. Statutory Authority: RCW 46.82.290. WSR 09-21-093, § 308-108-170, filed 10/20/09, effective 11/20/09. Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-170, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. WSR 05-16-061, § 308-108-170, filed 7/29/05, effective 8/29/05.

Wash. Admin. Code § 308-108-180 Disciplinary action—Public notice of actions taken.

(1) Licensee responsibilities:

(a) School owners and instructors are responsible for knowing and complying with the requirements of chapter 46.82 RCW and rules promulgated under that chapter.

(b) Any failure to comply with these requirements may lead to disciplinary action affecting an applicant's or licensee's privileges to be licensed or to otherwise operate a commercial driver training school and/or to provide classroom and behind the wheel instruction.

(2) The original or a facsimile of each final order imposing disciplinary action that is issued to a driver training school or any of its instructors by the department shall be conspicuously displayed immediately adjacent to the driver training school's license. The final order shall be displayed for not less than the duration of the sanction period plus the next sixty days or for one year, whichever is less.

History

Statutory Authority: RCW 46.82.290, 46.82.310, 46.82.320, 46.82.330, and 46.82.340. WSR 07-01-069, § 308-108-180, filed 12/18/06, effective 1/18/07. Statutory Authority: RCW 46.82.290. WSR 05-16-061, § 308-108-180, filed 7/29/05, effective 8/29/05.

Chapter 308-109 Motorcycle permit and endorsement requirements.

Wash. Admin. Code § 308-109-010 Definitions.

As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Contracted training provider" means an agency, firm, provider, organization, individual, or other entity performing services as outlined in RCW 46.20.520 and 46.81A.020 and is under contract with the department.

(2) "Course cost" means the price charged for a course offering before any taxes, subsidies, discounts, or other price reductions or additional fees.

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

(4) "License or endorsement test" means a test that is required to obtain a personal or commercial driver license or permit or a motorcycle permit or endorsement.

(5) "Motorcycle safety course" means any course offered by a contracted training provider and approved by the department of licensing. This also includes approved out-of-state courses.

(6) "Student" means persons who receive a pass, fail or incomplete status on a course completion report furnished to the department.

(7) "2-wheel novice course" means a 2-wheel motorcycle safety course intended for new riders and approved by the department.

(8) "2-wheel advanced course" means a 2-wheel motorcycle safety course intended for experienced riders and approved by the department.

(9) "2-wheel permit level knowledge test" is a test created/approved by the department of licensing to determine an acceptable novice knowledge level for operating a two-wheel motorcycle. This test is valid for 365 days.

(10) "2-wheel permit level skills test" is a test created/approved by the department of licensing to determine an acceptable novice skill level for operating a two-wheel motorcycle. This test is valid for 365 days.

(11) "2-wheel endorsement level knowledge test" is a test created/approved by the department of licensing to determine an acceptable knowledge level for operating a two-wheel motorcycle. This test is valid for 365 days.

(12) "2-wheel endorsement level skills test" is a test created/approved by the department of licensing to determine an acceptable skill level for operating a two-wheel motorcycle. This test is valid for 365 days.

(13) "3-wheel novice course" means a 3-wheel motorcycle safety course intended for new riders and approved by the department.

(14) "3-wheel advanced course" means a 3-wheel motorcycle safety course intended for advanced riders and approved by the department.

(15) "3-wheel knowledge test" is a test created/approved by the department of licensing to determine an acceptable knowledge level for operating a three-wheel motorcycle. This test is valid for 365 days.

(16) "3-wheel skills test" is a test created/approved by the department of licensing to determine an acceptable skill level for operating a three-wheel motorcycle. This test is valid for 365 days.

(17) "2-wheel motorcycle instruction permit" means authorization to ride a two-wheel motorcycle on the roads and highways of Washington. With limitations found in RCW 46.20.510.

(18) "3-wheel motorcycle instruction permit" means authorization to ride a three-wheel motorcycle on the roads and highways of Washington. With limitations found in RCW 46.20.510.

History

Statutory Authority: 2023 c 445 and RCW 46.01.110. WSR 25-01-054, s 308-109-010, filed 12/11/24, effective 1/11/25. Statutory Authority: RCW 46.20.510. WSR 24-03-114, § 308-109-010, filed 1/19/24, effective 3/1/24. Statutory Authority: RCW 46.81A.020 and 46.01.110. WSR 20-08-039, § 308-109-010, filed 3/24/20, effective 4/24/20.

Wash. Admin. Code § 308-109-020 Motorcycle safety subsidy.

(1) Subsidy funding will be made available for students who take department-approved training with contracted training providers in the state. The total amount allocated will be based upon funding available in the motorcycle safety program fiscal budget.

(2) The amount available per student is based on the total allocated to subsidy funding divided by the number of students trained in the previous year and may be weighted by future training projections.

(3) Each contracted training provider will be reimbursed for each student trained until allotted subsidy dollars are no longer available. Each contractor will submit a reimbursement request to the department in order to receive subsidy funds.

History

Statutory Authority: RCW 46.81A.020 and 46.01.110. WSR 20-08-039, § 308-109-020, filed 3/24/20, effective 4/24/20.

Wash. Admin. Code § 308-109-030 Improving access to motorcycle ridership and reducing fatalities and serious injuries related to incidents involving motorcycles.

The department will set aside no more than ten percent of the available subsidy program funds in order to employ other strategies to reduce fatalities and serious injuries related to incidents involving motorcycles and improving access to motorcycle ridership.

History

Statutory Authority: RCW 46.81A.020 and 46.01.110. WSR 20-08-039, § 308-109-030, filed 3/24/20, effective 4/24/20.

Wash. Admin. Code § 308-109-040 Outlining requirements for 2-wheel motorcycle instruction permit and endorsement.

(1) The requirement to add a 2-wheel motorcycle instruction permit (2W MCIP) is passing a permit level knowledge test and a permit level skills test. An approved motorcycle safety course completion (either in state or out-of-state) may waive the required tests.

(a) 2W MCIP may be added at any point the tests and/or motorcycle safety course completion (either in state or out-of-state) are valid.

(b) A valid 2W MCIP may be renewed prior to its expiration for an additional 180 days (effective the day of expiration of original 2W MCIP). Per RCW 46.20.510 the department may only issue two, 180-day permits within a five-year period.

(2) The requirement to add a 2-wheel motorcycle endorsement is either:

(a) Valid 2W permit level knowledge and skills tests (a valid motorcycle safety course completion may replace these tests) and valid 2W endorsement level knowledge and skills tests;

(b) A valid 2W MCIP and valid 2W endorsement level knowledge and skills tests.

(3) Active-duty military personnel may have all permit and endorsement level testing waived upon completion of an approved motorcycle safety training course (either in state or out-of-state).

History

Statutory Authority: RCW 46.20.510. WSR 24-03-114, § 308-109-040, filed 1/19/24, effective 3/1/24.

Wash. Admin. Code § 308-109-050 Outlining requirements for 3-wheel motorcycle instruction permit and endorsement.

(1) The requirement to add a 3-wheel motorcycle instruction permit (3W MCIP) is passing a level knowledge test. A 3W MCIP may be added at any point the tests are valid. A valid 3W MCIP may be renewed prior to its expiration for an additional 180 days (effective the day of expiration of original 3W MCIP).

(2) The requirement to add a 3-wheel motorcycle endorsement is either:

(a) A valid 3W knowledge test and a valid 3W skills test;

(b) A valid 3W MCIP and a valid 3W skills test.

History

Statutory Authority: RCW 46.20.510. WSR 24-03-114, § 308-109-050, filed 1/19/24, effective 3/1/24.

Wash. Admin. Code § 308-109-060 Reinstatement of surrendered endorsements and reciprocity.

(1) If an endorsement is surrendered, the customer has 365 days to reinstate the endorsement without the need for retesting. Once the 365 days passes, the customer is required to pass all required tests in WAC 308-109-040.

(2) Customers transferring from a reciprocal jurisdiction, with a valid motorcycle endorsement, will be issued the appropriate endorsement on their Washington credential (2W or 3W or both). If the jurisdiction the customer is transferring from does not distinguish between 2W and 3W endorsement, the customer will be issued a 2W endorsement unless they can prove they tested on a 3W motorcycle.

(3) If an endorsement is, involuntarily, not transferred from out-of-state, the customer has one renewal cycle to reinstate the endorsement without the need for retesting.

History

Statutory Authority: RCW 46.20.510. WSR 24-03-114, § 308-109-060, filed 1/19/24, effective 3/1/24.

Wash. Admin. Code § 308-109-070 Reporting requirements.

All motorcycle safety contracted training providers must report the following information to the department at time of contract application, contract renewal, and no less than once per year unless otherwise specified in this or another chapter:

(1) Name of business;

(2) Location(s) where services are provided, in standard USPS format;

(3) Contact information, including:

(a) Phone number;

(b) Email address;

(4) Language(s) training course services are offered in;

(5) Course offerings, including:

(a) 2-wheel novice course;

(b) 2-wheel advanced course;

(d) 3-wheel advanced course;

(6) Course cost; and

(7) License or endorsement test offerings.

History

Statutory Authority: 2023 c 445 and RCW 46.01.110. WSR 25-01-054, s 308-109-070, filed 12/11/24, effective 1/11/25.

Chapter 308-110 Administration of knowledge and skills testing by driver training schools.

Wash. Admin. Code § 308-110-010 Definitions.

As used in this chapter, unless the context requires otherwise, the term:

(1) "Agreement" means a written agreement entered into between the department and a school for the purposes of RCW 46.82.450.

(2) "Applicant" means a person taking an examination administered by an examiner to qualify for a Washington driver's license.

(3) "Examinations" mean the tests that meet the department's criteria to assess an applicant's knowledge and skills to operate a motor vehicle.

(4) "Examiner" means a driver training instructor licensed under chapter 46.82 RCW, who has been approved by the department as meeting department qualifications, education, and training standards for administering examinations.

(5) "Knowledge test" means a written or electronically delivered test that measures the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.

(6) "School" means a driver training school licensed under chapter 46.82 RCW.

(7) "Skills test" means a demonstration of behind-the-wheel driving that measures the applicant's ability to safely operate a motor vehicle on the roadways without endangering the public or property.

History

Statutory Authority: RCW 46.01.110 and 46.82.450. WSR 12-17-059, § 308-110-010, filed 8/10/12, effective 9/10/12.

Wash. Admin. Code § 308-110-020 Agreements—Establishment—Requirements.

The department may enter into an agreement to conduct examinations with a school that:

(1) Is currently licensed under chapter 46.82 RCW to provide driver training instruction;

(2) Complies with chapters 18.235 and 46.82 RCW and regulations adopted under those chapters;

(3) Has submitted a request to enter into an agreement on a form or in a format prescribed by the department; and

(4) Has provided to the department:

(a) A list of examiners the school intends to use to administer examinations;

(b) A description of the school's examination practices that includes, but may not be limited to, a school's skills test route(s) and test starting point(s);

(d) A school's knowledge test questions; and

(e) Any other information as may be required by the department.

History

Statutory Authority: RCW 46.01.110 and 46.82.450. WSR 12-17-059, § 308-110-020, filed 8/10/12, effective 9/10/12.

Wash. Admin. Code § 308-110-030 Administration of examinations.

(1) Schools and examiners must conduct skills tests using routes that meet department standards.

(2) Knowledge test questions must be supplied by the department or meet department criteria.

(3) Knowledge tests must be conducted in an area separate from classroom instruction or when a class is not in session, minimizing distractions or interactions.

(4) Examinations must be conducted by examiners.

(5) Knowledge test results may be used to obtain a driver license for no more than two years from the date of completion.

(6) Skills test results may be used to obtain a driver license for no more than one year from the date of completion.

(7) In accordance with the department's guidelines, schools must refer to the department for testing any applicant who has a condition that may impair their ability to operate a motor vehicle safely.

(8) Prior to administering the knowledge and skills tests, schools will ensure that applicants are properly informed regarding testing requirements and their test results. Schools must also inform applicants of the school's current retesting, refund, and grievance policies and procedures.

(9) Prior to administering the knowledge exam, schools must ensure the applicants are at least 15 1/2 years old; or 15 years old and have successfully completed a traffic safety education course.

(10) Prior to administering the skills exam, schools must ensure that applicants are at least 15 years of age. When the applicant is less than 18 years of age, the applicant must have successfully completed a traffic safety education course.

(11) Applicants must possess one of the following to participate in the skills testing portion of the examination:

(a) A Washington instruction permit issued under RCW 46.20.055;

(b) A temporary authorization to drive issued on a form prescribed by the department; or

History

Statutory Authority: RCW 46.01.110 and 46.20.119. WSR 22-24-010, § 308-110-030, filed 11/28/22, effective 12/29/22. Statutory Authority: RCW 46.01.110 and 46.82.450. WSR 12-17-059, § 308-110-030, filed 8/10/12, effective 9/10/12.

Wash. Admin. Code § 308-110-040 Applicant records, recordkeeping and reporting.

(1) Schools must keep applicant records for at least three years. Applicant records must be kept at a school's primary place of business. Records must be immediately available for inspection or audit by the department or its representative.

(2) Schools must keep applicant records on a form or in a format approved by the department. The form must include at least the:

(a) Applicant name, date of birth, and driver's license or instruction permit number;

(b) Knowledge and skill test results;

(d) Dates and times the examinations were administered to the applicant; and

(e) Other information required by the department.

(3) Schools must submit to the department the knowledge and skills test results for each applicant in accordance with the school's agreement with the department.

(4) The department will monitor outcomes for applicants who take a driver's license examination and will make aggregate outcomes available to the public.

History

Statutory Authority: RCW 46.01.110 and 46.82.450. WSR 12-17-059, § 308-110-040, filed 8/10/12, effective 9/10/12.

Wash. Admin. Code § 308-110-050 Inspection and audit.

The department or its representative may conduct examinations, inspections, and audits of school and applicant records, facilities, and operations at any time during regular business hours in order to ensure compliance with the requirements of chapter 46.82 RCW, the rules promulgated under this chapter, and the agreement.

History

Statutory Authority: RCW 46.01.110 and 46.82.450. WSR 12-17-059, § 308-110-050, filed 8/10/12, effective 9/10/12.

Wash. Admin. Code § 308-110-060 Violations—Impact on agreement.

(1) Schools and examiners are responsible for complying with the requirements of chapters 46.82 and 18.235 RCW and the rules promulgated under those chapters.

(2) If the department finds that an examiner or school has violated or no longer meets the qualifications or requirements of chapters 46.82 and 18.235 RCW, the rules promulgated under those chapters, or the agreement; the department may either (a) rescind approval of an examiner to conduct examinations, (b) terminate or suspend for any period of time an agreement with a school, or both.

History

Statutory Authority: RCW 46.01.110 and 46.82.450. WSR 12-17-059, § 308-110-060, filed 8/10/12, effective 9/10/12.

Chapter 308-111 Rules of procedures for administrative reviews and interviews under RCW 46.20.245.

Wash. Admin. Code § 308-111-010 Applicability.

(1) This chapter applies to all adjudicative proceedings under the jurisdiction of the department of licensing or the director of the department of licensing as defined by RCW 46.20.245 for the administrative due process provided in the following types of cases:

(a) The mandatory suspension, revocation, cancellation, and disqualification or denial of a license or identicard based on court action or actions of any other reporting agency or entity (RCW 46.20.245 and 46.20.291);

(b) Violation of the terms of probation under the Habitual Traffic Offenders Act (chapter 46.65 RCW);

(d) Violation of probation for continuing offenses (RCW 46.20.291);

(e) Failure to submit to or provide documentation in support of relicensing based on medical condition, examination of driving skills, or treatment concerns (RCW 46.20.031, 46.20.041, 46.20.291, 46.20.305, and 46.61.5056);

(f) Failure to respond to a traffic infraction for a moving violation, failure to appear at a hearing for a moving violation, or failure to comply with the terms of a criminal complaint or criminal citation for a moving violation (RCW 46.20.289);

(g) Violation of the Uniform Commercial Driver's License Act (RCW 46.25.090); and

(h) Any administrative sanction by the department which defines the applicable due process under the authority of RCW 46.20.245.

(2) Unless otherwise specified, this chapter does not apply to administrative interviews conducted under RCW 46.20.322 through 46.20.328.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-010, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-020 Administrative review referees.

All adjudicative proceedings under this chapter shall be conducted by a paralegal appointed by the director. The director retains the discretion to revoke or limit the appointment at any time.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-020, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-030 Computation of time.

(1) In computing any period of time prescribed or allowed by any applicable statute or rule, RCW 1.12.040 shall apply.

(2) When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

(3) Whenever a person has the right to request an administrative review or interview within a prescribed period after notice is provided by the department under Title 46 RCW or 308 WAC, such notice is deemed to be given on the third day after the notice is deposited into the state mailing service or immediately when the notice is sent via electronic mail.

(4) A request for an administrative review or interview, under Title 46 RCW or 308 WAC, is deemed received by the department on the third day after the request is postmarked. A request for an administrative review or interview, under Title 46 RCW or 308 WAC, sent via electronic mail is deemed received by the department on the date filed.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-030, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-040 Eligibility for administrative review or interview.

(1) A person is eligible for an administrative review whenever the department proposes an adverse action against the driving privilege under this chapter and the request for an administrative review is received timely by the department.

(2) Upon timely request for an administrative review, the action subject to the department's notification shall be stayed pending the conclusion of the administrative review.

(3) A person who fails to submit the request for administrative review in the prescribed period or according to the department's instructions shall be denied an administrative review. The department shall notify the petitioner, in writing, of the reason for denial of the administrative review, and the department's sanction will go into effect as stated on the original notice.

(a) The department referee may set aside a denial of the administrative review if the petitioner establishes good cause.

(b) Good cause, which is defined as extending the administrative review or interview request deadline may include, but is not limited to:

(i) Military deployment;

(ii) Medical treatment or hospitalization;

(iii) Housing instability;

(iv) Language barriers;

(v) Domestic violence; or

(vi) Incarceration.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-040, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-080 Requests for administrative review or interview.

(1) A request for administrative review or interview shall be in writing.

(2) When no deadline for requesting the review or interview is provided in Title 46 RCW, or other law or rule of the department, a review or interview request must be postmarked or received by the administrative law office within 15 days after notice is given.

(3) The administrative review or interview request form provided by the department shall include a statement that if the parties or witness(es) are hearing or speech impaired and/or non-English speaking, a qualified interpreter will be appointed at no cost to the parties or witnesses. The form shall include a section where the petitioner may request an interpreter and where the petitioner may identify the language and/or nature of the interpretive services needed.

(4) The request for review or interview shall include the following information with respect to the petitioner:

(a) Full name;

(b) Mailing address;

(d) Date of birth; and

(e) Driver's license number.

(5) The written request must be submitted on a form approved by the department. The request for a review or interview may also be submitted online if the petitioner meets the qualifications described on the website at www.dol.wa.gov.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-080, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-090 Scheduling review—Notice of interview.

(1) The department's referee shall conduct the administrative review on the department's electronic record and any documentation filed by the petitioner.

(2) A petitioner submitting the request for administrative review may request an administrative interview. The department may, in its discretion, grant the petitioner an administrative interview, which shall be conducted by telephone or other electronic means.

(3) The department shall send a notice to the petitioner, either deposited into the state mailing service or through electronic mail, no less than 10 days before the date set for the administrative interview.

(4) The notice of the administrative interview shall include:

(a) The date and time of the administrative interview;

(b) The assigned referee's name and contact information;

(d) The legal authority and jurisdiction under which the interview is to be conducted; and

(e) A statement that a petitioner who fails to participate in the administrative interview may be held in default.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-090, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-100 Scope of administrative review or interview.

(1) The administrative review or interview shall solely address:

(a) Whether the records relied on by the department identify the correct person; and

(b) Whether the information transmitted from the court or other reporting agency or entity regarding the person accurately describes the action taken by the court or other reporting agency or entity.

(2) A person requesting administrative review or interview has the burden of showing by a preponderance of evidence that the person is not subject to the withholding of the driving privilege.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-100, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-110 Notice of appearance.

(1) If a petitioner has legal representation for the administrative review or interview, the petitioner shall provide the department with the legal representative's name, address, email address, and telephone number. The legal representative shall file a written notice of appearance with the department and, if applicable, shall file a notice of withdrawal.

(2) When a legal representative has appeared in a matter, documents related to the review or interview, including final orders, will be served upon the legal representative. Documents may be provided to a petitioner's legal representative via electronic mail, with the legal representative's agreement.

(3) For the purposes of this section, a "legal representative" means an attorney licensed to practice law in the state of Washington and in good standing with the Washington state bar association.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-110, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-120 Continuances.

(1) If, at the discretion of the department, an administrative interview has been scheduled, the petitioner may request a continuance or reschedule.

(2) The petitioner shall file the request for continuance or reschedule:

(a) In writing at least 48 hours prior to the scheduled appointment;

(b) Directed to the assigned referee and describe why the request is being made; and

(3) Continuance or reschedule requests beyond the first request require the petitioner establish good cause, which is defined as justification for extending the interview date and may include, but are not limited to:

(a) Military deployment;

(b) Medical treatment or hospitalization;

(d) Language barriers;

(e) Domestic violence; or

(f) Incarceration.

(4) The petitioner shall not consider an administrative interview continued or rescheduled until notified affirmatively by the assigned referee. The referee may, on its own motion, continue or reschedule the interview at any time, including on the date of the interview.

(5) The referee may require the petitioner who requests a continuance or reschedule beyond the first request to submit documentary evidence that substantiates the reason for the request.

(6) If the petitioner elects to cancel their request for an interview, the petitioner must notify the department of their intent to do so in writing.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-120, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-155 Evidence.

(1) A petitioner may submit any exhibit or document for consideration by the referee in an administrative review or interview. Submittals may be made via any one of the following methods:

(a) U.S. mail addressed to: Department of Licensing, Administrative Law Office, P.O. Box 9031, Olympia, WA 98507-9031.

(b) Facsimile transmission to the assigned department referee.

(d) Email to: Hearings@dol.wa.gov.

(2) Exhibits or documents submitted electronically must be submitted in pdf format.

(3) The petitioner shall submit any exhibits or documents on or before the deadline listed in the notice of administrative review or administrative interview.

(4) The department's referee shall rule on the admissibility and weight to be accorded to all evidence submitted. Evidence, including hearsay evidence, is admissible if in the judgment of the referee it is the kind of evidence on which reasonably prudent persons are accustomed to rely on in the conduct of their affairs. The referee may exclude evidence that is irrelevant, immaterial, or unduly repetitious.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-155, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-190 Interpreters.

(1) When the petitioner in an administrative interview has a hearing or speech impairment, cannot readily understand or communicate in a spoken language or is a non-English speaking person, the department shall appoint an interpreter to assist the petitioner during the administrative interview.

(2) The department is responsible for the cost of the interpreter pursuant to RCW 2.43.040.

(3) The department shall use interpreters certified by the administrative office of the courts unless good cause is found and noted on the record by the referee. Good cause includes, but is not limited to, the determination that:

(a) Given the totality of the circumstances, including the nature of the proceeding and the potential penalty or consequences involved, the services of a certified interpreter are not reasonably available to the department; or

(b) The current list of certified interpreters maintained by the administrative office of the courts does not include an interpreter certified in the language spoken by the non-English-speaking person.

(4) If good cause is found for using a qualified interpreter, the referee shall make a preliminary determination on the record, that the proposed interpreter:

(a) Is capable of communicating with the referee and the petitioner; and

(b) Has read, understands, and will abide by the code of ethics for language interpreters established by court rules.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-190, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-220 Default.

(1) In the event that the person who requested an administrative interview does not participate by telephone at the time it is scheduled, an order of default shall be entered, and the department's proposed action shall be sustained.

(2) Within seven days after service of a default order, the petitioner may file a written motion requesting that the order of default be vacated and stating the reasons why petitioner did not participate in the administrative interview. In determining whether the default should be set aside, the referee shall consider whether there was good cause for the nonappearance.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-220, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-230 Final result.

(1) The referee shall enter a final result when completing the administrative review or interview.

(2) The judicial review of the final result in an administrative review or interview shall be available in the same manner as provided in RCW 46.20.308(8).

(3) A petition for judicial review of a final result under this section shall be served on the department and the attorney general within 30 days after service of the final result.

History

Statutory Authority: RCW 46.01.110 and 46.20.245. WSR 25-03-018, s 308-111-230, filed 1/6/25, effective 2/6/25.

Wash. Admin. Code § 308-111-240 Sanctions—Attorney misconduct.

(1) Authority. All attorneys appearing before the referees within the department of licensing are prohibited from engaging in misconduct before the tribunal that abuses the legal process. Attorneys who, in the opinion of the referee, engage in misconduct during any stage of a department proceeding may be reprimanded or sanctioned.

(2) Grounds for sanctions. Misconduct includes, but is not limited to:

(a) Filing documents or media, or raising arguments for an improper purpose, including harassment or delay;

(b) Disruptive, disrespectful, or contemptuous behavior during any proceeding;

(d) Engaging in conduct intended to disrupt the tribunal.

(3) Possible sanctions.

(a) The referee may report violations to the appropriate licensing authority and/or impose one or more of the following sanctions:

(i) Verbal or written reprimand;

(ii) Excluding the attorney from further participation in the pending proceeding; or

(b) Upon referral from the presiding referee, the reviewer may temporarily or permanently exclude the attorney from future departmental proceedings if the conduct is egregious or reflects a pattern of unprofessional behavior.

(4) Procedure.

(a) The referee must give the attorney notice of the alleged misconduct, the proposed sanction, and a reasonable opportunity to respond, either in writing or orally at hearing.

(b) Sanctions may be initiated by the referee.

(c) Any proposed sanction imposed must be stated on the record or in a written order, with the specific reasons and authority identified.

(5) Review.

(a) An attorney sanctioned under this section may request reconsideration of the final order. Such reconsideration request must be made within 10 days of the date the final order imposing the sanctions is signed.

History

Statutory Authority: RCW 46.01.110, 46.20.245, 46.20.331, 46.20.308(8), 46.20.329, 46.25.140, 46.61.5056, chapter 46.20, 46.65, and 46.25 RCW. WSR 26-08-029, s 308-111-240, filed 3/24/26, effective 4/24/26.

Chapter 308-124 Real estate—Definitions and brief adjudicative proceedings.

Wash. Admin. Code § 308-124-300 Definitions.

Words and terms used in this chapter shall have the same meaning as each has under chapter 18.85 RCW unless otherwise clearly provided in this chapter, or the context in which they are used in this chapter clearly indicates that they be given some other meaning.

(1) "Branch manager" is the natural person who holds a managing broker's license and has delegated authority by the designated broker to manage a single physical location of a branch office. The department shall issue an endorsement for "branch managers."

(2) "Affiliated licensees" are the natural persons licensed as brokers or managing brokers employed by a firm and who are licensed to represent the firm in the performance of any of the acts specified in chapter 18.85 RCW.

(3) "Brokerage service contracts" include, but are not limited to, purchase and sale agreements, lease or rental agreements, listings, options, agency agreements, or property management agreements.

(4) "Branch office" means:

(a) A separate physical office of the real estate firm; and

(b) Has a different mailing address of the main firm office; and

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124-300, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124-300, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124-305 Application of brief adjudicative proceedings.

The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request, and/or at the discretion of the director pursuant to RCW 34.05.482, for the categories of matters set forth in WAC 308-09-525.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124-305, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124-310 Preliminary record in brief adjudicative proceedings.

(1) The preliminary record with respect to an application for an original or renewal license, for approval of an education course or curriculum, or for the proper issuance of a cease and desist order shall consist of:

(a) The application for the license, renewal, or approval and all associated documents; or the cease and desist order and all associated documents;

(b) All documents relied upon by the program in proposing to deny the license, renewal, or approval; or all documents relied upon by the program in issuing a cease and desist order; and

(c) All correspondence between the applicant for license, renewal, or approval and the program regarding the application; or all correspondence between the respondent and the program regarding the issuance of the cease and desist order.

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and

(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.

(3) The preliminary record with respect to all other issues subject to a brief adjudicative hearing shall consist of:

(a) All documents relied upon by the program in proposing disciplinary action as provided under RCW 18.235.110; and

(b) All correspondence between the license holder and the program regarding alleged violations.

History

Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 308-124-310, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124-310, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124-315 Conduct of brief adjudicative proceedings.

(1) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the director. The presiding officer for brief adjudicative proceedings shall not have personally participated in the decision which resulted in the request for a brief adjudicative proceeding.

(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for the decision.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124-315, filed 3/1/10, effective 7/1/10.

Chapter 308-124A Real estate—Licensing and examination.

Wash. Admin. Code § 308-124A-700 Application for a license—Fingerprinting.

(1) New applicants applying for their first broker's license under chapter 18.85 RCW will be required to submit to a fingerprint background check with the department's authorized vendor.

(2) Applicants applying for their first managing broker's license using alternative qualifications will be required to submit to a fingerprint background check with the department's authorized vendor.

(3) Fingerprint background checks are required for every active renewal every six years. If the department background check was within the last six years, then no new background check is required to activate a license.

(4) An application submitted without the required fingerprint background check is considered incomplete.

(5) When fingerprints are rejected, the licensee or applicant must follow the authorized vendor's procedures for resubmitting fingerprints within twenty-one calendar days. Failure to follow the vendor's fingerprint procedures within twenty-one days will result in a suspension of the real estate license until the vendor's fingerprint procedures are followed. The licensee or applicant will be responsible for any additional fees due.

History

Statutory Authority: RCW 18.85.171 and 18.85.191. WSR 18-03-008, § 308-124A-700, filed 1/4/18, effective 2/4/18. Statutory Authority: RCW 18.85.171 and 18.85.041. WSR 16-05-064, § 308-124A-700, filed 2/12/16, effective 3/14/16. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-700, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-705 Application examination process.

(1) Any person desiring to take an examination for a broker or a managing broker license must contact the testing service at least one business day prior to the desired test date to schedule and pay for an examination after receiving written notice that the requirements have been met.

(2) Any person desiring to take a broker or managing broker license examination who received clock hours in another jurisdiction must submit proof of education to be substituted for clock hours required under WAC 308-124A-755. After receiving written notice that the qualifications for the examination have been met, the candidate shall contact the testing service at least one business day prior to the desired test date to schedule and pay for an examination.

History

Statutory Authority: RCW 18.85.041, 18.85.101, and 18.85.181. WSR 11-09-009, § 308-124A-705, filed 4/8/11, effective 5/9/11. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-705, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-707 Exam scheduling.

(1) Candidates requesting a morning or afternoon exam will be scheduled immediately for an examination and will be provided a registration number confirming their reservation.

(2) A candidate shall be assessed the full examination fee for any examination in which the candidate fails to provide two days notice to the testing service for changing their examination date or for failing to arrive and take an examination at the time the examination is scheduled or rescheduled.

History

Statutory Authority: RCW 18.85.041, 18.85.101, and 18.85.181. WSR 11-09-009, § 308-124A-707, filed 4/8/11, effective 5/9/11. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-707, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-710 Successful applicants must apply for a license.

Examination results are valid for one year only. Any person who has passed the examination for broker or managing broker must become licensed within one year from the date of such examination. You will be required to take and pass another examination if you do not comply with this provision.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-710, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-713 Application for managing broker license examination—Other qualification or related experience.

Applications for a managing broker license examination by persons who do not possess three years of actual experience as a full-time broker as required by RCW 18.85.111 who show qualification by reason of practical experience in a business allied with or related to real estate shall be submitted to the real estate program. The application shall be accompanied by a letter requesting approval of alternative qualifications or experience and indicating the basis for such approval. The letter must include a detailed personal history or work resume, with supporting documentation, which will include a certified license affidavit from the issuing agency as applicable. The following are deemed alternative qualifications or experience which may qualify in lieu of three years of full-time broker experience:

(1) Postsecondary education with major study in real estate together with one year experience as a real estate broker actively licensed in good standing in Washington or another state, U.S. possession, or foreign jurisdiction with similar licensing standards.

(2) Full-time experience as a licensed attorney at law, in good standing, with practice in real estate transactions for not less than one year.

(3) Five years' full-time experience as a licensed mortgage broker or loan originator in good standing.

(4) Five years' full-time experience as a licensed limited practice officer or escrow agent in good standing.

(5) Five years' full-time experience as a licensed or certified real property appraiser in good standing.

(6) Five years' full-time experience managing, leasing, selling, or buying real property on behalf of a third-party corporation, limited liability company, or partnership.

All experience time periods referenced in WAC 308-124A-713 shall have been completed within the six years immediately preceding the date of application.

History

Statutory Authority: RCW 18.85.041 and chapter 18.85 RCW. WSR 18-23-062, § 308-124A-713, filed 11/16/18, effective 12/17/18. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-713, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-715 Unsuccessful managing broker applicants—Alternate qualifications.

The managing broker applicant who is approved to take the exam based upon alternate qualifications or experience pursuant to WAC 308-124A-713 and subsequently fails the exam is not permitted to repeat the exam using alternative qualifications or experience.

History

Statutory Authority: RCW 18.85.041 and chapter 18.85 RCW. WSR 18-23-062, § 308-124A-715, filed 11/16/18, effective 12/17/18. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-715, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-720 Application for real estate examination, licensed in another jurisdiction.

(1) Any person applying for a broker or managing broker examination who is actively licensed in the same or greater capacity in another jurisdiction and has maintained his or her license in good standing or who was actively licensed in the same or greater capacity in good standing within the preceding six months is only required to take the Washington law portion of the examination.

(2) Any person applying to take the examination under this section shall submit evidence of licensure in another jurisdiction by a license verification form completed by the licensure authority in such jurisdiction.

(3) After receiving notification that the qualifications for the examination have been verified by the department, the candidate shall contact the testing service at least one day prior to the desired test date to schedule and pay for an examination. Candidates requesting a morning or afternoon exam shall be scheduled immediately for an examination and will be provided with a registration number confirming their reservation.

(4) The director, upon advice of the Washington state real estate commission, may consider entering into written recognition agreements with other jurisdictions which license brokers and managing brokers similarly to Washington state. The recognition agreement(s) shall require the other jurisdiction to grant the same licensing process to licensees of Washington state as is offered by Washington state to license applicants from other jurisdictions.

History

Statutory Authority: RCW 18.85.041, 18.85.101, and 18.85.181. WSR 11-09-009, § 308-124A-720, filed 4/8/11, effective 5/9/11. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-720, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-725 Application for license or endorsement.

A person who desires to be licensed as a real estate broker, managing broker or endorsed as a branch manager or designated broker, shall make application on a form approved by the director and the broker and managing broker application shall be signed by the designated broker to whom the license will be issued. The branch manager may sign for the designated broker for licenses to be issued to that branch office.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-725, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-726 Reversion from managing broker to broker license.

A managing broker may apply to revert from a managing broker license to a broker license by completing the department form and paying all fees, if applicable. If the managing broker is in active status, the managing broker needs to secure the designated broker's signature acknowledging the reversion of managing broker license to a broker's license. The new broker license renewal date remains the same. To revert to a managing broker license the broker must meet all of the requirements listed in RCW 18.85.111 including taking the examination.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124A-726, filed 7/1/13, effective 8/1/13.

Wash. Admin. Code § 308-124A-727 Application as broker license for interim period.

Applicants for a broker's license may commence working on or after the postmark date of delivery to the department of the following:

(1) Notice of passing the examination;

(2) License application form;

(3) Verification that the department's authorized vendor fingerprint process was followed; and

(4) License fees.

The completed license application form shall serve as an interim license for a period up to forty-five days unless grounds exist to take disciplinary action against the license under RCW 18.235.130 and 18.85.361.

History

Statutory Authority: RCW 18.85.171 and 18.85.041. WSR 16-05-064, § 308-124A-727, filed 2/12/16, effective 3/14/16. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-727, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-730 Broker, managing brokers—Termination of services.

(1) A person licensed as a broker or managing broker may perform duties and activities only under the direction and supervision of a licensed managing broker, branch manager or designated broker and as a representative of the firm. This licensed relationship may be terminated unilaterally by either the broker, managing broker, branch manager or designated broker.

(a) All terminations shall be by written notice by the broker or managing broker, or branch manager to the designated broker or the designated broker's delegated representative; or by the designated broker to the broker, managing broker or branch manager.

(b) All notices of termination shall be given to the real estate program without delay and such notice shall be accompanied by and include the surrender of the real estate license.

(c) The managing broker, branch manager or designated broker may not condition his or her surrender of license to the real estate program upon performance of any act by the broker or managing broker.

(d) If the license cannot be surrendered because the managing broker or designated broker is conditioning the surrender of the license, the licensee shall so advise the department in writing.

(e) Upon receipt of the licensee's written statement about the conditioned release of the license, the real estate program shall process the release or license transfer.

(f) The termination date shall be the postmark date, fax date or date the license is hand delivered to the real estate program.

(2) If the license cannot be surrendered to the real estate program because the license has been lost, the licensee and the responsible managing broker, branch manager or the designated broker shall submit a letter of release. No license transfers shall be permitted unless the license is surrendered or the letter of release is submitted and filed with the real estate program.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-730, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-735 Firm licenses.

Licenses issued to firms expire two years from the date of issuance.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-735, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-740 Firm license renewal.

Proof required. Applicants for renewal of a firm license shall furnish proof of current master business license renewed by authority of the secretary of state.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-740, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-750 Application for managing broker license examination—Clock hour requirements.

(1) Applicants for the managing broker's examination shall have successfully completed ninety clock hours of approved real estate instruction in addition to any other clock hours completed and used to satisfy requirements of chapter 18.85 RCW. Instruction must include a course in advanced real estate law, a course in real estate brokerage management, and a course in business management. All courses completed to satisfy this requirement must be approved subject matter as defined in WAC 308-124H-820 and be at least thirty clock hours in length and include a comprehensive examination. Courses must be completed within three years prior to applying for the managing broker's examination.

(2) Courses in advanced real estate law, real estate brokerage management, and business management, used to satisfy continuing education requirements within three years of applying for the managing broker's examination shall satisfy the requirements of subsection (1) of this section provided the applicant successfully completed a comprehensive examination. Licensees will be required to provide additional approved course work if they have submitted advanced real estate law, brokerage management, or business management education classes to satisfy any other continuing educational requirements.

History

Statutory Authority: RCW 18.85.041, 18.85.101, and 18.85.181. WSR 11-09-009, § 308-124A-750, filed 4/8/11, effective 5/9/11. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-750, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-755 Substitution of clock hours.

(1) The director may allow for substitution of the clock hour requirements in RCW 18.85.141 and 18.85.111 if the individual is qualified by completing equivalent educational course work in any institution of higher education or degree granting institution.

(2) Individuals requesting approval for real estate equivalent educational course work shall submit a transcript of course work completed from an institution of higher education or a degree granting institution together with an application for the license examination. The department may also require certification from an authorized representative of the institution of higher education or degree granting institution that the course work satisfies the department's prescribed course content or curriculum for a given course(s).

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-755, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-760 Grading of examinations.

(1) To pass the broker examination a minimum scaled score of 70 is required on each portion. The broker examination shall consist of two portions:

(a) The national portion consisting of questions that test general real estate practices; and

(b) The state portion consisting of questions that test on Washington laws and regulations related to real estate licensing.

(2) To pass the managing broker examination a minimum scaled score of 75 is required on each portion. The managing broker examination shall consist of two portions:

(a) The national portion consisting of simulation examination questions that test general real estate brokerage practices which include information gathering and decision-making aspects. A candidate must achieve a minimum scaled score of 75 on each aspect to pass the entire portion; and

(b) The state portion consisting of simulation examination questions that test on Washington laws and regulations related to real estate licensing, and the closing/settlement process.

(3) A passing score for a portion of an examination is valid for a period of six months.

History

Statutory Authority: RCW 18.85.041. WSR 18-02-091, § 308-124A-760, filed 1/3/18, effective 2/3/18
WSR 13-14-077, § 308-124A-760, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-760, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-765 Reexamination.

An applicant who failed the examination or failed to appear for a scheduled examination may apply for reexamination by contacting the testing service to schedule and pay for an examination. Managing broker exam applicants who applied using alternate qualifications and failed the examination must comply with the provisions of WAC 308-124A-750.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-765, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-770 Examination procedures.

(1) Each applicant will be required to present one piece of valid government issued photo-bearing identification. Failure to produce the required identification will result in the applicant being refused admission to the examination.

(2) Applicants are prohibited from:

(a) Talking to other examinees during the examination unless specifically directed or permitted to do so by a test monitor.

(b) Attempting to communicate or record any information.

(d) Removing test materials and/or notes from the testing room.

(e) Disruptive behavior.

(3) Applicants who participate in any activity listed in subsection (2) of this section will be required to turn in their test materials to the test monitor and leave the examination site. Their opportunity to sit for the examination will be forfeited. Their answer sheet will be voided. A voided answer sheet will not be scored and the examination fee will not be refunded. A candidate must then reapply to take the examination.

(4) Any applicant who was removed from the testing site for any of the reasons listed in subsection (2) of this section will be required to submit a letter to the department requesting permission to retest and stating the circumstances of the event. After receipt of the applicant's letter, the department will review the proctor's report and the applicant's letter and may deny testing for up to one year.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-770, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-775 Real estate fees.

These fees are applicable to all original licenses, examination services, and fee generating services issued or performed on or after September 1, 2021, and all renewals for existing licenses with expiration date on or after September 1, 2021. The fees for an original license and renewal include a $20 fee which is assessed for the real estate research center for the real estate broker and the real estate managing broker licenses. The following fees shall be charged by the department of licensing:

| Title of Fee | Fee | | | | --- | --- | --- | --- | | Real estate broker: | | | | | | Application/examination | $210.00 | | | | Reexamination | 210.00 | | | | Original license | 233.00 | | | | License renewal | 233.00 | | | | Late renewal with penalty | 273.00 | | | | License print fee | 5.00 | | | | Certification | 40.00 | | | Real estate managing broker: | | | | | | Application/examination | $210.00 | | | | Reexamination | 210.00 | | | | Original license | 330.00 | | | | License renewal | 330.00 | | | | Late renewal with penalty | 370.00 | | | | License print fee | 5.00 | | | | Certification | 40.00 | | | Real estate firm and assumed name license: | | | | | | Original license | $304.00 | | | | License renewal | 304.00 | | | | Late renewal with penalty | 345.00 | | | | License print fee | 5.00 | | | | Certification | 40.00 | | | Real estate branch: | | | | | | Original license | $288.00 | | | | License renewal | 288.00 | | | | Late renewal with penalty | 329.00 | | | | Certification | 40.00 | | | | License print fee | 5.00 | | | Fingerprint processing | per vendor schedule | | | | Subsequent fingerprint processing | per vendor schedule | | | | Fingerprints rejected by the department, Washington state patrol or FBI may require additional fingerprint processing fees. | | | | | Fingerprint rolling fee per vendor schedule. | | | |

History

Statutory Authority: RCW 18.85.041, 18.85.061, 18.85.101, 18.85.111, 18.85.191, 18.85.451, 18.85.461, and 43.24.086. WSR 25-17-081, s 308-124A-775, filed 8/19/25, effective 9/19/25. Statutory Authority: RCW 43.24.086. WSR 21-16-080, § 308-124A-775, filed 8/2/21, effective 9/1/21. Statutory Authority: RCW 18.85.171 and 18.85.041. WSR 16-05-064, § 308-124A-775, filed 2/12/16, effective 3/14/16. Statutory Authority: RCW 18.85.061 and 18.85.451. WSR 10-15-055, § 308-124A-775, filed 7/15/10, effective 8/15/10. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-775, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-780 Reinstatement of a canceled license for nonpayment of renewal fee.

Any person desiring to be reinstated as a real estate licensee within two years of cancellation may have their license reinstated by satisfying either of the following options:

(1) Submission of an application to the director providing proof of the following:

(a) Successful completion of sixty clock hours of approved real estate course work completed within one year preceding the application for reinstatement. A minimum of thirty clock hours must include real estate law;

(b) Payment of all back renewal fees with penalty at the current rate; and

(2) Satisfy the procedures and qualifications for initial licensing, including the following:

(a) Successful completion of any applicable licensing examinations; and

(b) Successful completion of required courses pursuant to RCW 18.85.101 and/or 18.85.111, whichever is applicable, within three years preceding the application for reinstatement.

(3) Former licensees canceled for nonpayment of fees for periods in excess of two years will be required to satisfy the requirements of subsection (2) of this section.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-780, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-785 Broker first active license renewal.

The minimum requirements for a broker to be issued the first renewal of an active license are: The broker has furnished proof of successful completion of 90 clock hours started after the date first licensed, from prescribed curricula approved by the real estate program, including real estate law, advanced practices and 30 hours in approved continuing education, including the core curriculum and Washington real estate fair housing.

History

Statutory Authority: RCW 18.85.041. WSR 22-15-003, § 308-124A-785, filed 7/6/22, effective 8/6/22. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-785, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-788 License activation.

(1) An inactive license may be placed on active status pursuant to RCW 18.85.265.

(2) A broker may use a thirty clock hour course from a curriculum approved by the director, in advanced real estate practices or real estate law for both activation of a license that has been inactive for three or more years and for first renewal of an active license as required in WAC 308-124A-785.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124A-788, filed 7/1/13, effective 8/1/13.

Wash. Admin. Code § 308-124A-790 Continuing education clock hour requirements.

A licensee must attest to the department satisfactory completion of clock hours, pursuant to RCW 18.85.211, in the manner prescribed by the department.

(1) A licensee applying for renewal of an active license must attest to the completion of at least 30 clock hours of instruction in a course(s) approved by the real estate program and started within 48 months of a licensee's renewal date. The clock hours of instruction attested to are subject to audit by the department.

(a) A minimum of 15 clock hours must be completed within 24 months of the licensee's current renewal date, and a portion of that 15 must include three hours of the prescribed core curriculum defined in WAC 308-124A-800 and requisite hours of the prescribed Washington real estate fair housing curriculum defined in WAC 308-124A-802.

(b) Up to 15 clock hours of instruction beyond the 30 clock hours submitted for a previous renewal date may be carried forward to the following renewal date.

(c) If Washington real estate fair housing education was not completed during initial qualification for licensure, renewing licensees must take the six-hour Washington real estate fair housing education.

(d) Failure to attest to the successful completion of the prescribed core and Washington real estate fair housing curricula clock hours shall result in denial of license renewal.

(2) The 30 clock hours must be satisfied by completion of approved real estate courses as defined in WAC 308-124H-820. Portions of the 30 clock hours of continuing education must include three clock hours of prescribed core curriculum defined in WAC 308-124A-800 and three clock hours of prescribed Washington real estate fair housing curriculum as defined in WAC 308-124A-802.

(3) Courses for continuing education clock hour credits must be started after issuance of a first license.

(4) A licensee must not place a license on inactive status to avoid the continuing education requirement or the post-licensing requirements. If a licensee is inactive less than one year, they must attest to the completion of continuing education clock hours to activate the license. A licensee must attest to the post-licensing requirements if not previously satisfied upon returning to active status. The clock hours of instruction or post-licensing requirements attested to are subject to audit by the department.

(5) Approved courses may be repeated for continuing education credit in subsequent renewal periods.

(6) Clock hour credits for continuing education shall not be accepted if:

(a) The course is not approved pursuant to chapter 308-124H WAC and chapter 18.85 RCW;

(b) Course(s) was taken to activate an inactive license pursuant to RCW 18.85.265(3);

(c) Course(s) submitted to satisfy the requirements of RCW 18.85.101 (1)(c), broker's license, RCW 18.85.211, 18.85.111, managing broker's license and WAC 308-124A-780, reinstatement.

(7) Instructors shall not receive clock hour credit for teaching or course development.

History

Statutory Authority: RCW 18.85.041. WSR 22-15-003, § 308-124A-790, filed 7/6/22, effective 8/6/22
WSR 14-16-054, § 308-124A-790, filed 7/29/14, effective 8/29/14
WSR 13-14-077, § 308-124A-790, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.041, 18.85.101, and 18.85.181. WSR 11-09-009, § 308-124A-790, filed 4/8/11, effective 5/9/11. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-790, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-800 Defining prescribed core curriculum.

A licensee shall submit to the department evidence of satisfactory completion of at least three clock hours of core curriculum continuing education approved by the director. Core curriculum continuing education is a specific course of study, recommended by the real estate commission for approval by the director that provides practical information on contemporary issues relating to the practices of real estate. The commission may recommend multiple core curricula to address residential, commercial, and property management disciplines or may recommend approval of the same core curriculum if appropriate. Core curriculum may be developed in a separate three clock-hour course or may be three clock hours contained within an approved thirty or less clock-hour course. Core curriculum must be completed within twenty-four months of the licensee's renewal date. Core curriculum commenced within thirty-six months but more than twenty-four months prior to the licensee's renewal date, may not count towards the core curriculum requirement, but may apply as regular continuing education credit for renewal.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-800, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-802 Defining prescribed Washington real estate fair housing curriculum.

Washington real estate fair housing curriculum is a specific course of study approved by the director. The purpose of this course is to introduce real estate brokers and managing brokers to the federal Fair Housing Act (42 U.S.C. 3601 et seq.) and the Washington law against discrimination (chapter 49.60 RCW) as it relates to real estate transactions. The department shall prescribe the curriculum outline to use in developing the curriculum for approval.

History

Statutory Authority: RCW 18.85.041. WSR 22-15-003, § 308-124A-802, filed 7/6/22, effective 8/6/22.

Wash. Admin. Code § 308-124A-805 Address on designated broker's endorsement.

The address on the designated broker's endorsement will be the location where the designated broker is the managing broker.

The real estate program will register each firm's address where the designated broker accepts endorsement from other firms.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-805, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-815 Prohibited firm and assumed names.

(1) The department can deny, suspend, or reject a firm name or assumed name if it:

(a) Is derogatory;

(b) Is similar or the same as another licensed firm name;

(d) Implies the firm is a not-for-profit organization;

(e) Implies it is a research organization.

(2) The following are nonexclusive examples of language that are deemed to be similar when used individually or in combination:

(a) The use of a different corporate designator, for example, Corp., Co., Inc., Ltd., and the like.

(b) The addition or deletion of an article or conjunction from the name, such as "the," "a," or "and."

(d) The use of a geographic designator after the association's name. In the case of affiliates using the same name with a geographic or other designator, written consent will be required from the parent or affiliate.

(e) The abbreviation of a word in the same name.

(f) The substitution of a symbol for a word or vice versa.

(g) The use of the terms "realty," "real estate," "group," "realtors," or "firm."

(3) A real estate firm shall not advertise in any manner using a name which has not been licensed by the department. A bona fide franchisee may be licensed using the name of the franchisor with the firm name of the franchisee.

History

Statutory Authority: RCW 18.85.041 and chapter 18.85 RCW. WSR 18-23-063, § 308-124A-815, filed 11/16/18, effective 12/17/18. Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124A-815, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-815, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-825 Change of designated broker.

Submit a statement signed by both the outgoing designated broker and the incoming designated broker, listing all outstanding client trust liabilities, pending transactions, and certifying sufficient funds are in trust to meet client trust liabilities.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-825, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-830 Firm closing—Designated broker responsibility.

Designated brokers will be responsible for providing the department a closing firm affidavit when closing the firm.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-830, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124A-835 Courses completed in other jurisdictions.

A course completed in another jurisdiction may be approved for clock hour credit if:

(1) The course was offered by a tax-supported, public technical or community college, or any other institution of higher learning, and the director determines that the course substantially satisfies the general requirements for course approval consistent with the intent of this chapter;

(2) The course was approved to satisfy an education requirement for real estate licensing or renewal and offered by an entity approved to offer the course by the real estate licensing agency in that jurisdiction; or

(3) If the director determines that the course substantially satisfies the general requirements for course approval consistent with the intent of this chapter.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124A-835, filed 3/1/10, effective 7/1/10.

Chapter 308-124B Real estate—Firms and branch offices.

Wash. Admin. Code § 308-124B-200 Display of licenses.

(1) Licenses of the real estate brokers and real estate managing brokers must be available at the address appearing on the individual license.

(2) All firm and branch office licenses must be displayed in an area visible to the public.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124B-200, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124B-205 Change of office location.

The real estate designated broker of the firm shall submit within ten days a completed change of address application to the real estate program together with the return of all licenses, completed transfer applications, and payment of the correct fees.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124B-205, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124B-207 Real estate firm identification.

Any firm or branch office of the real estate firm shall be identified by displaying the name, visible to the public, of the firm or the assumed name as licensed at the address appearing on the license.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124B-207, filed 7/1/13, effective 8/1/13.

Wash. Admin. Code § 308-124B-210 Advertising.

A firm must operate under their firm name or an assumed name as licensed.

(1) All advertising or solicitations without limitation for brokerage services, to include the internet-based advertising, web pages, email, newspaper, and other visual media must include the firm name or an assumed name as licensed.

(2) Brokers and managing brokers advertising using a name, title, or brand without obtaining an assumed name license must:

(a) Always use and display the firm's licensed name or the firm's licensed assumed name in a clear and conspicuous manner in conjunction with the use of such name, title, or brand.

(b) Not use a name, title, or brand which suggests a legal entity separate and distinct from the firm, such as "Inc.," "LLC," "LLP," "Corp.," "firm," or "company."

(c) Not use name, title, or brand commonly understood to reference a firm or an office, such as "realty," "realtors," "firm," or "real estate."

(d) Receive advance written approval from the firm's designated broker to use an unlicensed title or brand.

History

Statutory Authority: RCW 18.85.041(1) and (5). WSR 10-20-095, § 308-124B-210, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124B-210, filed 3/1/10, effective 7/1/10.

Chapter 308-124C Real estate—Records and responsibilities.

Wash. Admin. Code § 308-124C-105 Required records.

The designated broker is required to keep the following on behalf of the firm:

(1) Trust account records:

(a) Duplicate receipt book or cash receipts journal recording all receipts;

(b) Sequentially numbered, nonduplicative checks with check register, cash disbursements journal or check stubs;

(d) Client's accounting ledger summarizing all moneys received and all moneys disbursed for each real estate or business opportunity transaction or each property management account, contract or mortgage collection account;

(e) In conjunction with (d) of this subsection, separate ledger sheets for each tenant (including security deposit), lessee, vendee or mortgagor; for automated systems, the ledger sheets may be a computer generated printout which contains required entries;

(f) Reconciled bank statements and canceled checks for all trust bank accounts.

(2) Other records:

(a) An accurate, up-to-date log of all agreements or contracts for brokerages services submitted by the firm's affiliated licensees.

(b) A legible copy of the transaction or contracts for brokerage services shall be retained in each participating real estate firm's files.

(c) A transaction folder containing all agreements, receipts, contracts, documents, leases, closing statements, broker price opinions, referral agreements, and material correspondence, for each real estate or business opportunity transaction, and for each rental, lease, contract or mortgage collection account.

(d) All required records shall be maintained at one location where the firm is licensed. This location may be the main or any branch office.

History

Statutory Authority: RCW 18.85.041. WSR 24-13-057, § 308-124C-105, filed 6/13/24, effective 7/14/24
WSR 14-16-054, § 308-124C-105, filed 7/29/14, effective 8/29/14
WSR 13-14-077, § 308-124C-105, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124C-105, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124C-110 Accuracy and accessibility of records.

(1) Accuracy. All required real estate records shall be accurate, posted and kept up to date.

(2) Location. All required real estate records shall be kept at an address where the real estate firm is licensed to maintain a real estate office. Transactions that have been closed for at least one year can be maintained at one central facility located in Washington. Transactions not stored at the firm location must be available upon demand of the department and maintained in a manner to be readily retrievable. A listing of all transactions must be maintained at the firm's licensed office for all the transactions stored at the remote facility. All records shall be retained and available for inspection by the director or the director's authorized representative for a minimum of three years.

(3) Alternative storage. Records may be stored electronically or on remote devices provided retrieval of all documents is immediate. Retrieval must be possible at the firm's licensed office and allow for viewing and printing of all documents. To include, but not limited to, initial listing agreement, price reductions or changes in status, initial offers, all counter offers, electronic communications, negotiations, trust account records, and final disposition of the transaction. The designated broker must maintain equipment at firm's location in good repair to allow viewing and printing upon demand by the department. The document storage must be indexed to allow for immediate retrieval of all documents.

History

Statutory Authority: RCW 18.85.041. WSR 16-05-063, § 308-124C-110, filed 2/12/16, effective 3/14/16. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124C-110, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124C-115 Suit or complaint notification.

Every licensee shall, within twenty days after service or knowledge thereof, notify the real estate program of the following:

(1) Any criminal complaint, information, indictment, or conviction (including a plea of guilty or nolo contendere) in which the licensee is named as a defendant.

(2) Entry of a civil court order, verdict, or judgment, against the licensee in any court of competent jurisdiction in which the subject matter therein involves any real estate or business-related activity by the licensee. Notification is required regardless of any pending appeal.

(3) Any professional license, certification, or permit held by the licensee which was fined, suspended, revoked, or refused by any governmental agency or entity or can limit the licensee's ability to practice an occupation or profession.

History

Statutory Authority: RCW 18.85.041. WSR 16-05-063, § 308-124C-115, filed 2/12/16, effective 3/14/16. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124C-115, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124C-125 Designated broker responsibilities.

Designated broker responsibilities include, but are not limited to:

(1) Assuring all real estate brokerage services in which he/she participated are in accordance with chapters 18.85, 18.86, 18.235 RCW and the rules promulgated thereunder.

(2) Cooperating with the department in an investigation, audit or licensing matter.

(3) Ensuring accessibility of the firm's offices and records to the director's authorized representatives, and ensure that copies of required records are made available upon demand.

(4) Ensuring monthly reconciliation of trust bank accounts are completed, up-to-date and accurate.

(5) Ensuring monthly trial balances are completed, accurate and up-to-date.

(6) Ensuring that the trial balance and the reconciliation show the account(s) are in balance.

(7) Ensuring policies or procedures are in place to account for safe handling of customer or client funds or property.

(8) Maintaining up-to-date written assignments of delegations of managing brokers and branch manager duties. The delegation agreement(s) must be signed by all parties to the agreement. Delegations must:

(a) Only be made to managing brokers licensed to the firm.

(b) Address duties of record maintenance, advertising, trust accounting, safe handling of customer/client funds and property, authority to bind, review of contracts, modify or terminate brokerage service contracts on behalf of the firm, supervision of brokers and managing brokers, and heighten supervision of brokers that are licensed for less than two years.

(9) Maintaining, implementing and following a written policy that addresses:

(a) Procedures for referring a home inspector to buyers or sellers. The policy will address the consumer's right to freely pick a home inspector of the buyer's or seller's choice and prevent any collusion between the home inspector and a real estate licensee. If a licensee refers a home inspector to a buyer or seller with whom they have or have had a relationship including, but not limited to, a business or familial relationship, then full disclosure of the relationship must be provided in writing prior to the buyer or seller using the services of the home inspector.

(b) Levels of supervision of all brokers, managing brokers and branch managers of the firm.

(c) Review of all brokerage service contracts involving any broker of the firm licensed for less than two years. Review must be completed by the designated broker or their delegated managing broker within five business days of mutual acceptance. Documented proof of review shall be maintained at the firm's record locations.

(10) Ensuring that all persons performing real estate brokerage services on behalf of the firm and the firm itself are appropriately licensed.

(11) Ensuring affiliated licensees submit their transaction documents to the designated broker, branch manager or delegated managing broker within two business days of mutual acceptance.

(12) Being knowledgeable of chapters 18.85, 18.86, and 18.235 RCW and their related rules.

(13) Within five business days provide the department with a closing firm affidavit when closing the firm.

(14) Within five business days ensure that all brokerage services contracts are either terminated or transferred to another licensed real estate firm with the parties' written authorization.

(15) Within five business days notify all parties to pending brokerage service transaction(s) that the real estate firm is closing and that the firm will either:

(a) Transfer the pending transaction documents, with the parties' written authorization(s) to another real estate firm; or

(b) Ensure the transaction(s) are completed without any new licensable activity.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124C-125, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.041 and 18.85.035. WSR 12-02-065, § 308-124C-125, filed 1/3/12, effective 2/3/12. Statutory Authority: RCW 18.85.041 (1), (7), (12)(a), and 18.85.275. WSR 10-20-100, § 308-124C-125, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124C-125, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124C-130 Branch manager responsibilities.

Branch manager responsibilities include, but are not limited to:

(1) Assuring all real estate brokerage services in which he/she participated are in accordance with chapters 18.85, 18.86, 18.235 RCW and the rules promulgated thereunder.

(2) Cooperating with the department in an investigation, audit or licensing matter.

(3) Ensuring accessibility of the firm's offices and records to the director's authorized representatives, and ensuring that copies of required records are made available upon demand.

(4) Being knowledgeable of chapters 18.85, 18.86, and 18.235 RCW and their related rules.

(5) Ensuring all persons employed, contracted or representing the firm at the branch location are appropriately licensed.

(6) Overseeing of the branch licensees, employees and contractors.

(7) Ensuring affiliated licensees are submitting their transaction documents to the designated broker or delegated managing broker within two business days of mutual acceptance.

(8) Hiring, transferring and releasing licensees to and from the branch.

(9) Overseeing all activity within the branch office including supervision of brokers and managing brokers, and heightened supervision of brokers licensed for less than two years.

(10) If delegated - Client/customer funds or property:

(a) Ensuring monthly reconciliation of trust bank accounts are completed, up-to-date and accurate.

(b) Ensuring monthly trial balances are completed, accurate and up-to-date.

(d) Ensuring safe handling of customer/client funds and property.

(e) Ensuring policies or procedures are in place to account for safe handling of customer or client funds or property.

(11) If delegated - Other duties:

(a) Record maintenance.

(b) Proper and legal advertising.

(d) Modify or terminate brokerage service contracts on behalf of the firm.

(e) Following and implementing the designated brokers written policy:

(i) On referral of home inspectors.

(ii) Addressing levels of supervision of all brokers and managing brokers.

(iii) That includes a review of all brokerage service contracts involving any broker licensed for less than two years. Review must be completed within five business days of mutual acceptance. Documented proof of review shall be maintained at the firm's record locations.

History

Statutory Authority: RCW 18.85.041. WSR 14-16-054, § 308-124C-130, filed 7/29/14, effective 8/29/14. Statutory Authority: RCW 18.85.041 (1), (7), (12)(a), and 18.85.275. WSR 10-20-100, § 308-124C-130, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124C-130, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124C-135 Managing broker responsibilities.

Managing broker responsibilities include, but are not limited to:

(1) Assuring all real estate brokerage services in which he/she participated are in accordance with chapters 18.85, 18.86, 18.235 RCW and the rules promulgated thereunder.

(2) Cooperating with the department in an investigation, audit or licensing matter.

(3) Being knowledgeable of chapters 18.85, 18.86, and 18.235 RCW and their related rules.

(4) Keeping the real estate program informed of his or her current mailing address.

(5) Following the designated broker's written policy on referral of home inspectors.

(6) Being appropriately licensed.

(7) Delivering transaction documents and brokerage service contracts to designated broker or delegated managing broker within two business days of mutual acceptance.

(8) Following licensing laws and rules regarding:

(a) Safe handling of customer/client funds and property.

(b) Timely delivery of customer/client funds or property.

(d) Modifying or terminating brokerage service contract on behalf of the firm.

History

Statutory Authority: RCW 18.85.041 (1), (7), (12)(a), and 18.85.275. WSR 10-20-100, § 308-124C-135, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124C-135, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124C-137 Managing broker delegated responsibilities.

If delegated by the designated broker, the managing brokers responsibilities include, but are not limited to, ensuring:

(1) Monthly reconciliation of trust bank accounts are completed, up-to-date and accurate.

(2) Monthly trial balances are completed, accurate and up-to-date.

(3) Trial balance and the reconciliation show the account(s) are in balance.

(4) Policies or procedures are in place to account for safe handling of customer or client funds or property.

(5) Required records are maintained and up-to-date.

(6) Advertising is proper and legal.

(7) Timely review of contracts.

(8) Brokerage service contracts are modified or terminated appropriately on behalf of the firm.

(9) Persons employed, contracted or representing the firm that the managing broker has delegated authority to supervise are appropriately licensed.

(10) Brokers and managing brokers submit their transaction documents to the designated broker or delegated managing broker within two business days of mutual acceptance.

(11) Proper and adequate supervision of brokers and managing brokers, and heighten supervision of brokers that are licensed for less than two years.

(12) Accessibility of the firm's offices and records to the director's authorized representatives, and must ensure that copies of required records are made available upon demand.

(13) All affiliated licensees are following the designated brokers written policy on:

(a) Referral of home inspectors.

(b) Levels of supervision for all brokers and managing brokers.

(c) Review of all brokerage service contracts involving any broker licensed for less than two years. Review must be completed within five business days of mutual acceptance. Documented proof of review shall be maintained by the firm at their record locations.

History

Statutory Authority: RCW 18.85.041 (1), 18.85.041 (7), (12)(a), and 18.85.275. WSR 10-20-100, § 308-124C-137, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124C-137, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124C-140 Broker responsibilities.

Broker responsibilities include, but are not limited to:

(1) Assuring all real estate brokerage services in which he/she participated are in accordance with chapters 18.85, 18.86, 18.235 RCW and the rules promulgated thereunder.

(2) Cooperating with the department in an investigation, audit or licensing matter.

(3) Being knowledgeable of chapters 18.85, 18.86, and 18.235 RCW and their related rules.

(4) Keeping the real estate program informed of his or her current mailing address.

(5) Following the designated broker's written policy on referral of home inspectors.

(6) Being appropriately licensed.

(7) Delivering transaction documents and brokerage service contracts to designated broker or delegated managing broker within two business days of mutual acceptance.

(8) Following licensing laws and rules regarding:

(a) Safe handling of customer/client funds and property.

(b) Timely delivery of customer/client funds or property.

(d) Modifying or terminating brokerage service contracts on behalf of the firm.

History

Statutory Authority: RCW 18.85.041 (1), (7), (12)(a), and 18.85.275. WSR 10-20-100, § 308-124C-140, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124C-140, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124C-145 Broker responsibilities (with less than two years experience).

Broker responsibilities (with less than two years experience) include, but are not limited to:

(1) All the responsibilities listed in WAC 308-124C-140.

(2) Being subject to a heightened degree of supervision for the initial two years of licensing which includes:

(a) Participating in all required reviews of real estate brokerage agreements and services by the designated broker or appointed managing broker.

(b) Submitting evidence of completion of department required clock hour education courses to the designated broker or appointed managing broker.

(c) Securing advice or assistance from the designated broker or appointed managing broker when offering brokerage services beyond the broker's level of expertise.

(d) Timely submission of brokerage service contracts, documents and funds to the appropriate managing broker or designated broker in accordance with designated broker's document and contract review policy.

History

Statutory Authority: RCW 18.85.041 (1), (7), (12)(a), and 18.85.275. WSR 10-20-100, § 308-124C-145, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124C-145, filed 3/1/10, effective 7/1/10.

Chapter 308-124D Real estate—Operational procedures.

Wash. Admin. Code § 308-124D-200 Checks—Payee requirements.

All checks received as earnest money, security or damage deposits, rent, lease payments, contract or mortgage payments on real property or business opportunities owned by clients shall be made payable to the real estate firm as licensed, unless it is mutually agreed in writing by the principals that the deposit shall be paid to the seller or an escrow agent named in the agreement. The real estate firm shall retain a copy of the written agreement.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124D-200, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124D-200, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124D-205 Negotiating agreements and closing.

The real estate licensee shall be responsible for negotiating the agreement between seller and purchaser as follows:

(1) The real estate licensee shall furnish or cause to be furnished to each buyer and to each seller in every real estate or business opportunity transaction wherein the licensee provides brokerage services, at the time the transaction is closed, a complete detailed closing statement as it applies to the buyer and a complete detailed closing statement as it applies to the seller. The firm shall retain a copy of all closing statements of the respective buyers and sellers wherein the licensee provides brokerage services for all transactions even though funds are not handled by a licensee and closing is done elsewhere.

(2) The closing statements of all real estate or business opportunity transactions in which a real estate firm participates shall show the date of closing, the total purchase price of the property, an itemization of all adjustments, money, or things of value received or paid showing to whom each item is credited and/or to whom each item is debited. The dates of the adjustments shall be shown, together with the names of the payees, makers and assignees of all notes paid or made or assumed.

(3) The net proceeds of sale on all real estate transactions closed by a real estate licensee are to be paid direct to the seller unless otherwise provided by written agreement.

(4) Where an agreement for the sale of real estate has been negotiated involving the services of more than one licensee, and funds are to be deposited by the purchaser prior to the closing of the transaction, the firm first receiving such funds shall retain custody and be accountable, until such funds are distributed or delivered in accordance with written instructions signed by all parties to the transaction.

(5) All licensees must keep the party to whom they provided brokerage services informed of the earnest money deposit status and must retain and provide copies of receipts to the principals and participating firms.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124D-205, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124D-210 Expeditious performance.

A real estate licensee shall perform all acts required of the licensee by a real estate agreement as expeditiously as possible. Intentional or negligent delays in such performance shall be considered detrimental to the public interest in violation of RCW 18.85.361(23).

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124D-210, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124D-215 Management agreements and disclosures.

(1) All properties managed by the firm must be supported by a written management agreement signed by the owner and designated broker and retained. The management agreement must state at a minimum:

(a) The firm's compensation;

(b) The type (i.e., apartments, industrial) and number of individual units in the project or square footage (if other than residential);

(d) Authorization, if any, to hold security deposits and the manner in which security deposits may be disbursed; and

(e) The frequency of furnishing summary statements to the owner.

(2) All properties rented or leased by the firm must be supported by a written rental or lease agreement.

(3) Each owner of property managed by the firm must be provided a summary statement as provided in the property management agreement for each property managed showing: (The designated broker is to retain a true copy of this statement.)

(a) Balance carried forward from previous summary statement.

(b) Total rent receipts.

(d) Other itemized receipts.

(e) Itemization of all expenses paid.

(f) Ending balance.

(g) Number of units rented or square footage if other than residential.

(4) The firm may provide other services to owners of properties managed provided full disclosure to the owner is provided in writing of the broker's relationship with any and all persons providing such services, prior disclosure of fees charged, and permission is granted by the owner.

(5) Any amendment or modification to the property management agreement must be made in written form and signed by the owner and the designated broker and retained.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124D-215, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124D-220 Office requirement for brokers actively licensed in another jurisdiction.

The term "office" in RCW 18.85.231 for a firm actively licensed in another jurisdiction in which the broker's headquarter office is located shall mean the Washington location where trust account and transaction records are maintained. Such records are required to be maintained for three years. The trust account and transaction records shall be open and accessible to representatives of the department of licensing. The parties to the transaction shall have access to the transaction records prepared or retained for the requesting party.

A firm whose headquarter office is actively licensed in another jurisdiction and is seeking licensure in Washington must obtain a firm license. The firm must also register a natural person who qualifies as a managing broker in Washington and has a controlling interest in the firm to be the firm's Washington designated broker. The firm shall notify the real estate program of the location address where the records are maintained in the state of Washington and shall include this address with the headquarter's address on the license application.

The Washington license shall be posted at the licensed Washington location where the records are being maintained.

Within thirty days after mailing of the notice of audit, the broker shall come to the department's office, after making an appointment in Olympia to sign the audit report.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124D-220, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124D-220, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124D-225 Multiple business usage of office.

A firm may conduct real estate brokerage services at an office location where the firm or designated broker concurrently conducts a separate, business activity. The real estate brokerage service activities shall be carried out and business records shall be maintained separate and apart from any other business activities by the firm or designated broker.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124D-225, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124D-225, filed 3/1/10, effective 7/1/10.

Chapter 308-124E Real estate—Trust account procedures.

Wash. Admin. Code § 308-124E-100 Delivery of client funds and negotiable instruments.

All brokers and managing brokers will physically deliver all funds, moneys, negotiable instruments or items of value to the appropriate managing broker, branch manager or their designated broker within the shorter of the following:

(1) Two business days of the client's/customer's signature (business days are not Saturday, Sunday or other legal holidays as defined in RCW 1.16.050); or

(2) Sooner if the terms of the client/customer contract necessitate quicker delivery than two business days.

History

Statutory Authority: RCW 18.85.041 (1), (7), (12)(a), and 18.85.275. WSR 10-20-100, § 308-124E-100, filed 9/30/10, effective 10/31/10. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124E-100, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124E-105 Administration of funds held in trust—General procedures.

Any real estate broker who receives funds or moneys from any principal or any party to a real estate or business opportunity transaction, property management agreement, contract/mortgage collection agreement, or advance fees, shall hold the funds or moneys in trust for the purposes of the brokerage service contract or transaction, and shall not utilize such funds or moneys for the benefit of the broker, managing broker, real estate firm or any person not entitled to such benefit. Designated brokers are responsible for ensuring their affiliated licensees safeguard client funds by following these rules. Funds or moneys received in trust shall be deposited in a bank, savings association, or credit union insured by the Federal Deposit Insurance Corporation or the share insurance fund of the National Credit Union Administration, or any successor federal deposit insurer. The financial institution must be able to accept service in Washington state. The designated broker is responsible for the administration of trust funds and accounts to include, but not be limited to:

• Depositing;

• Holding;

• Disbursing;

• Receipting;

• Posting;

• Recording;

• Accounting to principals;

• Notifying principals and cooperating licensees of material facts; and

• Reconciling and properly setting up a trust account. The designated broker is responsible for handling trust funds as provided herein.

(1) Bank accounts shall be designated as trust accounts in the firm name or assumed name as licensed.

(2) Interest credited to a client's account must be recorded as a liability on client ledger. Interest assigned or credited by written assignment agreement to the firm may not be maintained in the trust account. The designated broker is responsible for making arrangements with the financial institution to credit this interest to the general account of the firm.

(3) The designated broker shall establish and maintain a system of records and procedures approved by the real estate program that provides for an audit trail accounting of all funds received and disbursed. All funds must be identified to the account of each individual client.

(4) Alternative systems of records or procedures proposed by a designated broker shall be approved in advance in writing by the real estate program.

(5) The designated broker shall be responsible for deposits, disbursements, or transfers of clients' funds received and held in trust.

(6) All funds or moneys received for any reason pertaining to the sale, renting, leasing, optioning of real estate or business opportunities, contract or mortgage collections or advance fees shall be deposited in the firm's real estate trust bank account not later than the next banking day following receipt thereof; except:

(a) Cash must be deposited in the firm's trust account not later than the next banking day;

(b) Checks received as earnest money deposits when the earnest money agreement states that a check is to be held for a specified length of time or until the occurrence of a specific event; and

(c) For purposes of this section, Saturday, Sunday, or other legal holidays as defined in RCW 1.16.050 shall not be considered a banking day.

(7) All checks, funds or moneys received shall be identified by the date received and by the amount, source and purpose on either a cash receipts journal or duplicate receipt retained as a permanent record.

(8) All deposits to the trust bank account shall be identified by the source of funds and transaction to which it applies.

(9) An individual client's ledger sheet shall be established and maintained for each client for whom funds are received in trust, which shows all receipts and disbursements. The firm will maintain the minimum amount required by the financial institution in the trust account to prevent the trust account from being closed. A ledger sheet identified as "opening account" will be required for funds that are used to open the account or to keep the trust account from being closed. The credit entries must show the date of deposit, amount of deposit, and item covered including, but not limited to "earnest money deposit," "down payment," "rent," "damage deposit," "rent deposit," "interest," or "advance fee." The debit entries must show the date of the check, check number, amount of the check, name of payee and item covered. The "item covered" entry may indicate a code number per chart of accounts, or may be documented by entry in a cash receipts journal, cash disbursements journal, or check voucher.

(10) The reconciled real estate trust bank account balance must be equal at all times to the outstanding trust liability to clients and the funds in the "open account" ledger. The balance shown in the check register or bank control account must equal the total liability to clients and the "open account" ledger.

(11) The designated broker shall be responsible for preparation of a monthly trial balance of the client's ledger, reconciling the ledger with both the trust account bank statement and the trust account check register or bank control account. The checkbook balance, the bank reconciliation and the client ledgers (including the "open account" ledger) must be in agreement at all times. A trial balance is a listing of all client ledgers, including the "open account" ledger, showing the owner name or control number, date of last entry to the ledger and the ledger balance.

(12) All disbursements of trust funds shall be made by check, or electronic transfer, drawn on the real estate trust bank account and identified thereon to a specific real estate or business opportunity transaction, or collection/management agreement. The number of each check, amount, date, payee, items covered and the specific client's ledger sheet debited must be shown on the check stub or check register and all data must agree exactly with the check as written. No check numbers on any single trust account can be duplicated.

(a) No disbursement from the trust account shall be made based upon wire transfer receipts until the deposit has been verified.

(b) The designated broker must provide a follow-up "hard-copy" debit memo when funds are disbursed via wire transfer.

(c) The designated broker shall retain in the transaction file a copy of instructions signed by the owner of funds to be wire-transferred which identifies the receiving entity and account number.

(13) Voided checks written on the trust bank account shall be permanently defaced and shall be retained.

(14) Commissions owed to another firm may be paid from the real estate trust bank account. Those commissions shall be paid promptly upon receipt of funds. Commissions shared with another firm are a reduction of the gross commissions received.

(15) No deposits to the real estate trust bank account shall be made of funds:

(a) That belong to the designated broker or the real estate firm, except that a designated broker may deposit a minimal amount to open the trust bank account or maintain a minimal amount to keep the account from being closed; or

(b) That do not pertain to a client's real estate or business opportunity sales transaction or are not received in connection with a client's rental, contract or mortgage collection account.

(16) No disbursements from the real estate trust bank account shall be made:

(a) For items not pertaining to a specific real estate or business opportunity transaction or a rental, contract or mortgage collection account;

(b) Pertaining to a specific real estate or business opportunity transaction or a rental, contract or mortgage collection account in excess of the actual amount held in the real estate trust bank account in connection with that transaction or collection account;

(c) In payment of a commission owed to any person licensed to the firm or in payment of any business expense of the firm. Payment of commissions to persons licensed to the firm or of any business expense of the designated broker or firm shall be paid from the regular business bank account of the firm.

(d) For bank charges of any nature, including bank services, checks or other items, except as specified in WAC 308-124E-110 (1)(a) and (d). Bank charges are business overhead expenses of the real estate firm. Arrangements must be made with the bank to have any such charges applicable to the real estate trust bank account charged to the regular business bank account, or to provide a separate monthly statement of bank charges so that they may be paid from the firm's business bank account.

(17) The provisions of this chapter are applicable to manual or computerized accounting systems. For clarity, the following is addressed for computer systems:

(a) The system must provide for a capability to back up all data files.

(b) Receipt, check or disbursement registers or journals, bank reconciliations, and monthly trial balances will be maintained and available for immediate retrieval or printing upon demand of the department.

(c) The designated broker will maintain a dated source document file or index file to support any changes to existing accounting records.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124E-105, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124E-105, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124E-110 Administration of funds held in trust—Real estate and business opportunity transactions.

The procedures in this section are applicable to funds received by the firm in connection with real estate sales, business opportunity transactions or options. These procedures are in addition to the requirements of the general trust account procedures contained in WAC 308-124E-105.

(1) Bank accounts, deposit slips, checks and signature cards shall be designated as trust accounts in the firm or assumed name as licensed. Trust bank accounts for real estate sales or business opportunity transactions shall be interest bearing demand deposit accounts. These accounts shall be established as described in RCW 18.85.285 and this section.

(a) The firm shall maintain a pooled interest-bearing trust account identified as housing trust fund account for deposit of trust funds which are ten thousand dollars or less.

Interest income from this account will be paid to the department by the depository institution in accordance with RCW 18.85.285(8) after deduction of reasonable bank service charges and fees, which shall not include check printing fees or fees for bookkeeping systems.

(b) The licensee shall disclose in writing to the party depositing more than ten thousand dollars that the party has an option between (b)(i) and (ii) of this subsection:

(i) All trust funds not required to be deposited in the account specified in (a) of this subsection shall be deposited in a separate interest-bearing trust account for the particular party or party's matter on which the interest will be paid to the party(ies); or

(ii) In the pooled interest-bearing account specified in (a) of this subsection if the parties to the transaction agree in writing.

(c)(i) For accounts established as specified in (a) of this subsection, the designated broker will maintain an additional ledger with the heading identified as "Housing trust account interest." As the monthly bank statements are received, indicating interest credited, the designated broker will post the amount to the pooled interest ledger. When the bank statement indicates that the interest was paid to the state or bank fees were charged, the designated broker will debit the ledger accordingly.

(ii) For accounts established as specified in (b)(i) of this subsection, the interest earned or bank fees charged will be posted to the individual ledger.

(d) When the bank charges/fees exceed the interest earned, causing the balance to be less than trust account liability, the designated broker shall within one banking day after receipt of such notice, deposit funds from the firm's business account or other nontrust account to bring the trust account into balance with outstanding liability. The designated broker may be reimbursed by the party depositing the funds for these charges for accounts established as specified in (b)(i) of this subsection if the reimbursement is authorized in writing by the party depositing the funds. For accounts established under (a) of this subsection, the designated broker will absorb the excess bank charges/fees as a business expense.

(2) A separate check shall be drawn on the real estate trust bank account, payable to the firm as licensed, for each commission earned, after the final closing of the real estate or business opportunity transaction. Each commission check shall be identified to the transaction to which it applies.

(3) No disbursements from the real estate trust bank account shall be made in advance of closing of a real estate or business opportunity transaction or before the happening of a condition set forth in the purchase and sale agreement, to any person or for any reason, without a written release from both the purchaser and seller; except that:

(a) If the agreement terminates according to its own terms prior to closing, disbursement of funds shall be made as provided by the agreement without a written release; and

(b) Funds may be disbursed to the escrow agent designated in writing by the purchaser and seller to close the transaction, reasonably prior to the date of closing in order to permit checks to clear.

(4) When a transaction provides for the earnest money deposit/note or other instrument to be held by a party other than the firm, a licensee shall deliver the earnest money deposit to the party designated by the terms of the purchase and sale agreement to hold the funds. The licensee shall obtain a dated receipt from the party holding the earnest money funds. The licensee shall deliver the receipt to the designated broker or responsible managing broker. The dated receipt shall be placed in and retained in all participating firm's transaction files. The designated broker has the ultimate responsibility for delivery of the funds.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124E-110, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124E-110, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124E-115 Administration of funds held in trust—Property management.

These procedures are applicable to property management and contract/mortgage collection agreements, and are in addition to the general trust account procedures in WAC 308-124E-105.

(1) Trust bank accounts for property management transactions are exempt from the interest-bearing requirement of RCW 18.85.285. However, interest-bearing accounts for property management transactions may be established as described in this section.

(a) Interest-bearing trust bank accounts or dividend-earning investment accounts containing only funds held on behalf of an individual owner of income property managed by the firm may be established when directed by written property management agreement or directive signed by the owner: Provided, That all interest or earnings shall accrue to the owner;

(b) Interest-bearing trust bank accounts containing only damage or security deposits received from tenants of residential income properties managed by the firm for an individual owner may be established by the designated broker when directed by written management agreement, and the interest on such trust bank accounts may be paid to the owner, if the firm is by written agreement designated a "representative of the landlord" under the provisions of RCW 59.18.270, Residential Landlord-Tenant Act;

(c) The designated broker is not required to establish individual interest-bearing accounts for each owner when all owners assign the interest to the firm;

(d) A common account, usually referred to as a "clearing account" may be established if desired. This account must be a trust account.

(2) Any property management accounting system is to be an accounting of cash received and disbursed. Any other method of accounting offered to owners for their rental properties, unit and/or complexes are to be supplementary to the firms accounting of all cash received and disbursed through the firms trust account(s). All owners' summary statements must include this accounting.

(3) The preauthorization of disbursements or deductions by the financial institution for recurring expenses such as mortgage payments on behalf of the owner is not permitted if the account contains tenant security deposits or funds belonging to more than one client.

(4) A single check may be drawn on the real estate trust bank account, payable to the firm as licensed, in payment of all property management fees and commissions, if such check is supported by a schedule of commissions identified to each individual client. Property management commissions shall be withdrawn at least once monthly.

(5) No disbursements from the real estate trust bank account shall be made of funds received as damage or security deposit on a lease or rental contract for property managed by the firm to the owner or any other person without the written agreement of the tenant, until the end of the tenancy when the funds are to be disbursed to the person or persons entitled to the funds as provided by the terms of the rental or lease agreement.

(6) When the management agreement between the owner(s) and the firm is terminated, the owner(s) funds shall be disbursed according to the agreement. Funds held as damage or security deposits shall be disbursed to the owner(s) or successor property manager, and the tenants so notified by the disbursing firm consistent with the provisions of RCW 59.18.270, Residential Landlord-Tenant Act.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124E-115, filed 3/1/10, effective 7/1/10.

Chapter 308-124H Real estate—Course, school, and instructor approval.

Wash. Admin. Code § 308-124H-805 Course approval required.

(1) Any education provider or course developer may submit a course to the department for approval.

(2) Course approval by the department is required prior to the date on which the course is offered for clock hour credit.

(3) The course provider must submit a completed course approval application, using the method defined by the department.

(4) The director or designee shall approve, disapprove, or conditionally approve applications based upon criteria established by the commission.

(5) Upon approval, disapproval or conditional approval, the applicant will be so advised in writing by the department. Notification of disapproval shall include the reasons therefor.

(6) Approval shall expire four years after the effective date of approval, except for the core course which shall expire after two years.

History

Statutory Authority: RCW 18.85.041. WSR 15-16-091, § 308-124H-805, filed 8/3/15, effective 9/3/15
WSR 14-16-054, § 308-124H-805, filed 7/29/14, effective 8/29/14. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-805, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-810 Course titles reserved for prescribed curriculum courses.

Any approved school seeking to offer mandated real estate training must have "real estate" included in the course title (except business management), must utilize the most recent course curriculum prescribed by the department, must submit the course for approval of clock hours, and cannot use the following prescribed core curricula phrases in other course titles:

(1) Real estate fundamentals;

(2) Real estate brokerage management;

(3) Real estate law;

(4) Advanced real estate law;

(5) Business management;

(6) Real estate practices;

(7) Advanced real estate practices; and

(8) Washington real estate fair housing.

History

Statutory Authority: RCW 18.85.041. WSR 22-15-003, § 308-124H-810, filed 7/6/22, effective 8/6/22
WSR 14-16-054, § 308-124H-810, filed 7/29/14, effective 8/29/14. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-810, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-820 General requirements for course approval.

Courses shall meet the following requirements:

(1) Be offered by a private entity approved by the director to operate as a school;

(2) Be offered by a tax-supported, public technical or community college or other institution of higher learning that certifies clock hours as indicated in RCW 18.85.011(5), consistent with the approval standards prescribed by the director and this chapter;

(3) Be offered by the Washington real estate commission;

(4) Have a minimum of three hours of course work or instruction for the student. A clock hour is a period of 50 minutes of actual instruction;

(5) Provide practical information related to the practice of real estate in any of the following real estate topic areas:

(a) Department prescribed curricula:

(i) Fundamentals;

(ii) Practices;

(A) Residential;

(B) Commercial;

(iii) Advanced practices;

(A) Residential;

(B) Commercial;

(iv) Real estate law;

(v) Advanced real estate law;

(vi) Brokerage management;

(vii) Business management;

(viii) Core curriculum;

(A) Residential;

(B) Commercial;

(b) Open curricula:

(i) Legal aspects;

(ii) Taxation;

(iii) Appraisal;

(iv) Evaluating real estate and business opportunities;

(v) Property management and leasing;

(vi) Construction and land development;

(vii) Ethics and standards of practice;

(viii) Washington real estate fair housing;

(ix) Real estate closing practices;

(x) Current trends and issues;

(xi) Principles/essentials;

(xii) Finance;

(xiii) Hazardous waste and other environmental issues;

(xiv) Commercial;

(xv) Real estate sales and marketing;

(xvi) Instructor development;

(xvii) Consumer protection;

(xviii) Cross cultural communication;

(xix) Advanced management practices;

(xx) Use of computers and/or other technologies as applied to the practice of real estate;

(6) Be under the supervision of an instructor approved to teach the topic area, who must, at a minimum, be available to respond to specific questions from students on an immediate or reasonably delayed basis;

(7) The following types of courses shall not be approved for clock hours:

(a) Mechanical office and business skills, such as, keyboarding, speed-reading, memory improvement, grammar, and report writing;

(b) Standardized software programs such as word processing, email, spreadsheets or databases; an example: A course using spreadsheet program to demonstrate investment analysis would be acceptable, but a course teaching how to use a spreadsheet would not be acceptable;

(d) Personal and sales motivation courses or sales meetings held in conjunction with a licensee's general business;

(e) Courses that are designed or developed to serve other professions, unless each component of the curriculum and content specifically shows how a real estate licensee can utilize the information in the practice of real estate;

(f) Personal finance, etiquette, or motivational type courses;

(g) Courses that are designed to promote or offer to sell specific products or services to real estate licensees such as warranty programs, client/customer database systems, software programs or other devices. Services or products can be offered during nonclock hour time, such as breaks or lunchtime. Letterhead, logos, company names or other similar markings by itself, on course material are not considered promotional;

(h) Clock hours shall not be awarded for any course time devoted to meals or transportation;

(8) Courses of 30 clock hours or more which are submitted for approval must include a comprehensive examination(s) and answer key(s) of no fewer than three questions per clock hour with a minimum of 90 questions, and a requirement of passing course grade of at least 70 percent; essay question examination keys must identify the material to be tested and the points assigned for each question;

(9) Include textbook or instructional materials approved by the director, which must be kept accurate and current;

(10) Not have a title which misleads the public as to the subject matter of the course;

(11) The provider's course application must identify learning objectives and demonstrate how these are related to the practice of real estate;

(12) Courses offering the prescribed core curriculum must meet the requirements of WAC 308-124A-800 and those offering the prescribed Washington real estate fair housing curriculum must meet the requirements of WAC 308-124A-802;

(13) Only primary providers shall be approved to teach the prescribed core curriculum and Washington real estate fair housing; and

(14) Course providers offering core curriculum within a course exceeding three clock hours must clearly indicate in the application for approval where the core curriculum elements are met in the course.

History

Statutory Authority: RCW 18.85.041. WSR 22-15-003, § 308-124H-820, filed 7/6/22, effective 8/6/22. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-820, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-825 Secondary education provider course content approval application.

(1) An approved school (applicant) may offer courses, except for the mandated courses, that are currently approved for another secondary education school after:

(a) The applicant provides the department with written authorization by the secondary education school permitting the use of the course content by the applicant; and

(b) The department issues a certificate of course approval to the secondary education school.

(2) The applicant must use the course approval number issued by the department on all certificates of course completion.

(3) Course approval is valid only for the dates of the originally approved course.

(4) The applicant may not apply for secondary school approval for the following courses: Real estate fundamentals, real estate brokerage management, real estate law, advanced real estate law, business management, real estate practices, advanced real estate practices, Washington real estate fair housing, or core course.

History

Statutory Authority: RCW 18.85.041. WSR 22-15-003, § 308-124H-825, filed 7/6/22, effective 8/6/22
WSR 14-16-054, § 308-124H-825, filed 7/29/14, effective 8/29/14. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-825, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-830 Distance education delivery methods—Defined.

As used in this chapter, a distance education delivery method is one in which instruction takes place in other than a live classroom setting, the instructor and the student are in physically separate locations, and interactive instructional methods such as video-based instruction, computer conferencing, video conferencing, interactive audio, interactive computer software, web cast, webinar, or internet-based instruction are used.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-830, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-835 Interactive defined.

(1) As used in this chapter, interactive means the course structure and technologies promote active student involvement with the course content, including the ability to:

(a) Access or bypass optional content, if applicable;

(b) Submit questions or answer test items, and receive direct feedback; and

(2) Interactive instruction specifically excludes courses that only provide passive delivery of instructional content.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-835, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-840 Distance education delivery method approval required.

Applicants are required to submit an application for each separate distance education delivery method for which they propose to offer approved courses for clock hours. When submitting a distance education delivery method application, the following minimum criteria must be provided by the applicant:

(1) Specify the course learning objectives for each learning unit and clearly demonstrate that the learning objectives cover the subject matter and how these relate to the practice of real estate. Objectives must be specific to ensure that all content is covered adequately to ensure mastery;

(2) Demonstrate how mastery of the material is provided by:

(a) Dividing the material into major learning units, each of which divides the material into modules of instruction;

(b) Specifying learning objectives for each learning unit or module of instruction. Learning objectives must be comprehensive enough to ensure that if all the objectives are met, the entire content of the course will be mastered;

(c) Specifying an objective, quantitative criterion for mastery used for each learning objective and provide a structured learning method designed to enable students to attain each objective;

(3) Demonstrate that the course includes the same or reasonably similar informational content as a course that would otherwise qualify for the requisite number of clock hours of classroom-based instruction and how the provider will know that the student completed the required number of clock hours;

(4) Describe consistent and regular interactive events appropriate to the delivery method. The interactive elements must be designed to promote student involvement in the learning process, and must directly support the student's achievement of the course learning objectives. The application must identify the interactive events included in the course and specify how the interactive events contribute to achievement of the stated learning objectives;

(5) Demonstrate how the course provides a mechanism of individual remediation to correct any deficiencies identified during the instruction and assessment process;

(6) Measure, at regular intervals, the student's progress toward completion of the mastery requirement for each learning unit or module. In the case of computer-based instruction, the course software must include automatic shutdown after a period of inactivity;

(7) Demonstrate that approved instructors are available to answer questions regarding course content at reasonable times and by reasonable means, including in-person contact, individual and conference telephone calls, email and fax;

(8) Demonstrate how reasonable security will be provided to ensure that the student who receives credit for the course is the student who enrolled in and completed the course. Both the approved school and the student must certify in writing that the student has completed the course, and the required number of clock hours;

(9) Provide a complete description of any hardware, software, or other technology to be used by the provider and needed by the student to effectively engage in the delivery and completion of the course material and an assessment of the availability and adequacy of the equipment, software, or other technologies to the achievement of the course's instructional claims;

(10) Provide an orientation session with the instructor or an affiliated representative of an approved school. Mechanisms must be clearly in place which allow students an early orientation to discuss course specifics;

(11) Demonstrate how the provider determined the number of clock hours requested in the distance education delivery method approval application; and

(12) Provide with each distance education delivery method approval application a copy of a course evaluation form. The provider must provide each student with the mandatory evaluation form and retain the completed form in the school records as required under WAC 308-124H-895(4).

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-840, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-845 Distance education delivery methods certified by the Association of Real Estate License Law Officials (ARELLO).

An applicant who provides evidence of certification of the distance education delivery method for his or her course by the Association of Real Estate License Law Officials (ARELLO) need not submit an application for approval of the same distance education delivery method when delivering the same course within the state of Washington provided a clock hour enforcement mechanism is in place.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124H-845, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-845, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-850 Changes and updates in approved courses.

(1) Course materials shall be updated no later than thirty days after the effective date of a change in federal, state, or local statutes or rules. Course materials shall also be updated no later than thirty days after changes in procedures or other revisions to the practice of real estate which affect the validity or accuracy of the course material or instruction.

(2) Changes in course instructors may be made only if the substitute instructors are currently approved to teach the topic area pursuant to chapter 308-124H WAC.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-850, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-855 Certificate of course completion.

Each approved school shall issue a certificate of course completion to students who have satisfactorily completed the course requirements. The certificate shall include the following information:

(1) Student's name;

(2) School's name and identification number issued by the department;

(3) The course commencement date and completion date;

(4) Course title;

(5) Clock hours for the course;

(6) School administrator's signature;

(7) Course identification number issued by the department;

(8) Instructor name and number; and

(9) Completion of a required examination, if applicable.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-855, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-860 Courses offered in a symposium or conference format.

(1) Approved schools offering courses in a symposium or conference format with two or more modules of independent instruction may issue certificates of course completion for fewer clock hours than approved by the department on their original course approval application; and

(2) Students must complete a minimum of three clock hours of instruction to receive clock hour credit.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-860, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-865 Disciplinary action—Procedures—Investigation.

(1) The department shall have the authority on its own motion or upon complaint made to it to investigate or audit any course to determine compliance with chapter 18.85 RCW and with the rules and regulations of this chapter.

(2) Complaints concerning approved courses should be made in writing to the department and contain the following information when appropriate:

(a) The complainant's name, address, and telephone number;

(b) School name, address, and telephone number;

(d) Nature of complaint and facts detailing dates of attendance, termination date, date of occurrence, names, addresses and positions of school officials contacted, and any other pertinent information;

(e) An explanation of what efforts if any, have been taken to resolve the problem with the school; and

(f) Copies of pertinent documents, publications, and advertisements.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-865, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-870 Grounds for denial or withdrawal of course approval.

Course approval may be denied or withdrawn if the instructor or any owner, administrator or affiliated representative of a school, or a course provider or developer:

(1) Submits a false or incomplete course application or any other information required to be submitted to the department;

(2) Includes in its title the phrase "real estate fundamentals," "real estate brokerage management," "real estate law," "advanced real estate law," "business management," "real estate practice," and "advanced real estate practice," if the course was not submitted for approval of clock hours pursuant to WAC 308-124H-810;

(3) If the title of the course misleads the public and/or licensees as to the subject matter of the course;

(4) If course materials are not updated within thirty days of the effective date of a change in the statute or rules;

(5) If course content or material changes are not submitted to the department for approval prior to the date of using the changed course content;

(6) Failed to meet the requirements under WAC 308-124H-820, 308-124H-825, and 308-124H-840;

(7) If a course or prescribed core curriculum was approved through the mistake or inadvertence of the director.

History

Statutory Authority: RCW 18.85.041. WSR 14-16-054, § 308-124H-870, filed 7/29/14, effective 8/29/14. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-870, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-875 Hearing procedure.

Upon notice of course denial or disapproval or withdrawal of course approval, a person is entitled to a hearing conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW, and the provisions of WAC 308-124-305, 308-124-310 and 308-124-315. To exercise the right to a hearing under this section, a person must request a hearing within twenty days after receipt of the notice of denial, disapproval, or withdrawal of course approval. Any person aggrieved by a final decision of the director or authorized representative of the director is entitled to judicial review under the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-875, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-880 School and school administrator approval required.

(1) School and school administrator approval by the department is required prior to the date on which courses are offered for clock hour credit.

(2) Each application for approval of a school or school administrator shall be submitted to the department on the appropriate application form provided by the department. The most recent application form shall be obtained from the department prior to submission.

(3) The director or designee shall approve or disapprove applications based upon criteria established by the commission. The director or designee shall approve only complete applications which meet the requirements of this chapter.

(4) Upon approval or disapproval the applicant will be so advised in writing by the department. Notification of disapproval shall include the reasons therefor.

(5) No school for which approval is required shall promote a course for clock hour credit prior to approval of the school.

(6) No school shall allow an instructor for whom approval is required to supervise a course for clock hour credit prior to approval of the instructor.

(7) No school shall issue to a student certification for completion of an approved course unless the course had been approved prior to the first day of instruction.

(8) Approval shall expire two years after the effective date of approval.

(9) School names submitted that are similar to those currently approved shall not be granted approval.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-880, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-885 Application process for previously approved schools.

(1) If there are no changes in the original school or school administrator approval application for a previously approved school or school administrator, the school or school administrator will be approved upon receipt of a school or school administrator renewal application and payment of the required fee.

(2) If there are changes in the original school or school administrator approval application for previously approved schools or school administrators, the application will not be processed as a renewal, and will require completion of a school or school administrator approval application and payment of required fees.

(3) If a school or school administrator renewal application or a school or school administrator approval application is submitted at least thirty days prior to the current school expiration date, the previous school or school administrator approval shall remain in effect until action to approve or disapprove the application is taken by the director.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-885, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-890 Application for school approval.

An application for school approval shall include the following information attested to by the school's administrator, who shall be responsible for administration of the school:

(1) The complete legal name of the school, current telephone number, current mailing address, the school's administrative office address, and date of establishment;

(2) The form of ownership of the school, whether sole proprietorship, partnership, limited partnership, or corporation, limited liability company or limited liability partnership;

(3) If the school is a corporation or a subsidiary of another corporation, current evidence of registration with the Washington secretary of state's office and the name, address, and telephone number of the corporation's registered agent;

(4) The administrator's name, and evidence of previous experience in administration of educational institutions, courses or programs, previous experience in the administration of business activities related to real estate, or administrative experience in the field of real estate;

(5) The publication required under WAC 308-124H-907 and the course description required under WAC 308-124H-910.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-890, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-895 Administrator responsibilities.

Each school administrator shall be responsible for performing the following:

(1) Ensure that the school, course(s), and instructor(s) are all currently approved before offering clock hour courses;

(2) Ensure that all instructors are approved to teach in the appropriate topic area(s);

(3) Sign and verify all course completion certificates;

(4) Maintain all required records for five years, including attendance records, required publications, and course evaluations;

(5) Safeguard comprehensive examinations;

(6) Ensure the supervision and demonstrate responsibility for the conduct of employees and individuals affiliated with the school;

(7) Periodically review courses and advise department of content currency as required;

(8) Ensure each student is provided a course curriculum; and

(9) Ensure each student is provided a course evaluation form.

(10) Ensure that all broker candidates' completion dates are entered into the testing center's database promptly.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124H-895, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-895, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-900 Affiliated representative of an approved school—Defined—Tasks and duties described.

(1) An affiliated representative of an approved school is the natural person employed by or associated with an approved real estate school, and who is authorized by the school administrator to perform the following tasks and duties:

(a) Conduct student orientation sessions;

(b) Provide technical and/or procedural advice regarding course requirements and program operations;

(d) Perform other tasks delegated by the approved school administrator, not requiring the interpretation of course content or subject matter expertise.

(2) Responsibility for an affiliated representative in the performance of the tasks and duties described above shall rest with the approved school administrator.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-900, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-905 Notice of actions by governmental entities or accrediting commissions.

School applicants and approved schools shall present the department with written details of any consent orders with the Federal Trade Commission or other jurisdictions and any final actions which have been taken against the school, its administrator, its owners, officers, or directors by any federal or state agencies, including courts or accrediting commissions, of which the school has knowledge and inform the department in writing of actions being taken to correct deficiencies cited. Directors, officers, and owners shall advise the administrator of any such actions taken against the directors, officers, or owners. School applicants and approved schools shall not purposely avoid gaining knowledge of such actions. Final actions shall not include traffic violations or traffic convictions.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-905, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-907 Required publication.

Each school shall have available to prospective and enrolled students a publication containing the following information:

(1) Date of publication;

(2) Name and address of school. The name of the administrator and telephone number(s) of the school's administrative offices;

(3) A list of courses, as outlined in WAC 308-124H-910;

(4) Description of all course prerequisites;

(5) The school's policy regarding:

(a) Admission procedure;

(b) Causes for dismissal and conditions for readmission;

(d) Standards of progress required of the student, including a definition of the grading system of the school, the minimum grades considered satisfactory, and the conditions for reentrance for those students whose course of study is interrupted;

(e) Refund policy of registration or tuition fees, record retrieval fee, or any other charges, including procedures a student shall follow to cancel enrollment before or after instruction has begun.

(6) The statement that: "This school is approved under chapter 18.85 RCW; inquiries regarding this or any other real estate school may be made to the: Washington State Department of Licensing, Real Estate Program, P.O. Box 9015, Olympia, Washington 98507-9015";

(7) Dated supplements or errata sheets so as to maintain accuracy of the information in the publication, which shall clearly indicate that such information supersedes that which it contradicts and/or replaces elsewhere in the publication.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-907, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-910 Course description.

Each approved school shall have available for distribution to prospective and enrolled students a course description containing the following information:

(1) Name of approved school;

(2) Date(s) and location of the course;

(3) The course title;

(4) The educational objectives of the course;

(5) The type of instruction (e.g., live classroom or distance education) in the course and the length of time required for completion;

(6) The number of clock hours approved for the course, or, a statement that an application for approval is pending;

(7) Name(s) of instructors when available;

(8) Equipment and supplies which the student must provide;

(9) Fees for the course;

(10) The specific education requirements under chapter 18.85 RCW or chapter 308-124H WAC which will be met upon completion of the course students shall be informed, that for courses of thirty clock hours or more, a comprehensive examination is available and is mandatory to satisfy the requirements of RCW 18.85.101 and 18.85.111;

(11) Cancellation policy; and

(12) Tuition refund policy.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-910, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-915 Certificate of school approval.

Upon approval a school shall be issued a certificate of approval containing the school's name, address, identification number, date of approval, and name of administrator. No school shall adopt or make a change in its name of its administrative office prior to receipt of a new certificate from the department.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-915, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-920 Disciplinary action—Procedures—Investigation.

(1) The department shall have the authority, on its own motion or upon complaint made to it, to investigate or audit any school to determine compliance with chapter 18.85 RCW and with the rules and regulations of this chapter.

(2) Complaints concerning approved schools should be made in writing to the department.

(3) All approved schools shall be subject to periodic visits by an official representative for the department who may observe classroom and distance education activities, evaluate course content, exams and instructor proficiency to ensure that courses are being taught in accordance with the provisions of this chapter.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-920, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-925 Grounds for denial or withdrawal of school or school administrator approval.

Approval may be denied or withdrawn if the instructor or any owner, administrator, or affiliated representative of a school:

(1) Has had any disciplinary action taken against his/her professional license in this or any other jurisdiction;

(2) Falsified any student records or clock hour certificates;

(3) Falsified any application or any other information required to be submitted to the department;

(4) Attempted in any manner to discover, or to impart to any license candidate, the content of and/or answer to any real estate license examination question(s);

(5) Violated any provision in chapter 18.85 RCW or the rules promulgated thereunder;

(6) Failed to cooperate with the department in any investigation or hearing;

(7) Has been convicted of a crime within the preceding ten years;

(8) Violated any of the provisions of any local, state, or federal antidiscrimination law;

(9) Continued to teach or offer any real estate subject matter whereby the interests of the public are endangered, after the director, by order in writing, stated objections thereto;

(10) Offered, sold, or awarded any clock hours without requiring the student to successfully complete the clock hours for which the course was approved;

(11) Accepted registration fees and not supplied the service and/or failed to refund the fees within thirty days of not supplying the service;

(12) Represented in any manner that the school is associated with a "college" or "university" unless it meets the standards and qualifications of and has been approved by the state agency having jurisdiction;

(13) Represented that a school is recommended or endorsed by the state of Washington or by the department, provided that a school authorized to offer clock hours under this chapter may state: "This school is approved under chapter 18.85 RCW";

(14) Advertised, published, printed, or distributed false or misleading information;

(15) Advertised the availability of clock hour credit for a course in any manner without affixing the name of the school as approved by the department;

(16) Solicited, directly or indirectly, information from applicants for a real estate license following the administration of any real estate examination to discover the content of and/or answer to any examination question or questions;

(17) Has failed to meet the requirements of this chapter;

(18) Failed to teach a course consistent with the approved course content or curriculum;

(19) Used a substitute instructor who has not been approved to teach the topic area(s) pursuant to chapter 308-124H WAC.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-925, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-930 Hearing procedure.

Upon notice of disapproval or issuance of charges, a person is entitled to a hearing conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW, and the provisions of WAC 308-124-305, 308-124-310 and 308-124-315. To exercise the right to a hearing under this section, a person must request a hearing within twenty days after receipt of the notice of disapproval or charges. Any person aggrieved by a final decision of the director is entitled to judicial review under the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-930, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-935 Record retention.

(1) Each school shall maintain for a minimum of five years each student's record and each edition of a required publication;

(2) A "student record" shall include:

(a) The name, address, and telephone number of the school;

(b) Full name, address, and telephone number of the student;

(c) Beginning and ending dates of attendance and date of registration agreement if the refund policy relates to the registration date;

(d) Clock hour courses completed and examination results;

(e) Course evaluation form.

(3) Each school shall provide a copy of a student's record to the student upon request.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-935, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-940 School closing/change of status.

(1) A school shall make plans and take measures to protect the rights of present and former students if it goes out of business.

(2) Upon cessation of instruction or termination of approved status, a school shall immediately furnish to the department by certified mail or hand delivery:

(a) Its certificate of approval;

(b) Name, address, and telephone number of the person who will be responsible for closing arrangements;

(c) The student's name, address and telephone number, the name of the course, the amount of class time remaining to complete the course, and the total amount of tuition and fees paid by the student for the course;

(d) A copy of a written notice which shall be mailed to all enrolled students in clock hour courses who have not completed a current course because of cessation of instruction; the notice shall explain the procedures students must follow to secure refunds or to continue their education;

(e) Procedures for disbursement of refunds to enrolled students, in the full amount to which they are entitled, no later than thirty days from the last day of instruction.

(3) Upon closing, a school shall arrange for a person approved by the department to retain the records required under WAC 308-124H-935. If a school closes without arranging for record retention, the department may obtain the records to protect the former students.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-940, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-945 Instructor approval required.

(1) Instructor approval by the department is required prior to the date on which the course is offered for clock hour credit.

(2) Each application for approval of an instructor shall be submitted to the department on the appropriate application form provided by the department.

(3) The director or designee shall approve or disapprove instructor applications based upon criteria established by the commission.

(4) The director or designee shall approve only complete applications which meet the requirements of this chapter.

(5) Upon approval or disapproval the applicant will be so advised in writing by the department. Notification of disapproval shall include the reasons therefor.

(6) Approval shall expire two years after effective date of approval.

(7) Applicants shall identify on the application form the specific subject matter topic area or areas he or she proposes to teach.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-945, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-950 Application process for previously approved instructors.

(1) If there are no changes in the original instructor approval application for a previously approved instructor, the instructor will be approved upon receipt of an instructor renewal form and payment of the required fee.

(2) If there are changes in an original instructor approval application for a previously approved instructor, the application will not be processed as a renewal, and will require completion of an instructor approval application and payment of required fees.

(3) If an instructor renewal application or an instructor approval application is submitted at least thirty days prior to the current instructor expiration date, the previous instructor approval shall remain in effect until action to approve or disapprove the application is taken by the director.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-950, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-955 Certificate of instructor approval.

Upon approval an instructor shall be issued a certificate of approval containing the instructor's name, date of approval, department identification number, and the subject matter topic areas that the instructor is approved to teach.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-955, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-960 Qualifications of instructors.

Each instructor shall demonstrate competency based on guidelines established by the commission in the subject matter/topic that they propose to teach and shall be qualified in techniques of instruction. Instructor qualifications in techniques of instruction shall be evidenced by one of the following:

(1) One hundred fifty classroom hours as an instructor within two years preceding application in courses acceptable to the director;

(2) Possession of the professional designation, DREI, from the Real Estate Educators Association (REEA);

(3) Successful completion of an instructor training course approved by the director upon recommendation of the commission and two years full-time experience in real estate or a related field within the five years immediately preceding the date of application;

(4) A bachelors or advanced degree in education and either two years teaching experience, or two years experience in real estate or a related field within the last five years;

(5) A current teaching certificate issued by an authorized governmental agency. The instruction must have been in a field allied to that which the instructor has applied to teach;

(6) At least ninety clock hours as an instructor in real estate within two years preceding the application;

(7) Ninety hours as an instructor at an institution of higher learning within two years preceding the application. The instruction must have been in a field allied to that which the instructor has applied to teach;

(8) Selection by a national or state association whose selection criteria have been approved by the director.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-960, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-965 Changes in instructors.

Changes in course instructors may be made only if the substitute instructors are currently approved to teach the course pursuant to WAC 308-124H-525.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-965, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-970 Guest lecturer(s)—Defined.

A topic area expert(s) may be utilized as a guest lecturer to assist an approved instructor to teach an approved course. The approved instructor is responsible for supervision of the approved course. Guest lecturer(s) shall not be utilized to circumvent the instructor approval requirements of this chapter. Guest lecturers shall be limited to no more than fifteen minutes per clock hour. Guest lecturers can only be used when the approved instructor is present.

History

Statutory Authority: RCW 18.85.041. WSR 13-14-077, § 308-124H-970, filed 7/1/13, effective 8/1/13. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-970, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-975 Disciplinary action—Procedures—Investigation.

(1) The department shall have the authority, on its own motion or upon complaint made to it, to investigate or audit any instructor to determine compliance with chapter 18.85 RCW and with the rules and regulations of this chapter.

(2) Complaints concerning approved instructors should be made in writing to the department.

(3) All approved instructors shall be subject to periodic visits by an official representative of the department who shall observe classroom activities, evaluate course content and instructor proficiency to ensure that courses are being taught in accordance with the provisions set forth.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-975, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-980 Grounds for denial or withdrawal of instructor approval.

Approval may be denied or withdrawn if the instructor:

(1) Has had any disciplinary action taken against his/her professional license in this or any other jurisdiction;

(2) Falsified any student records or clock hour certificates;

(3) Falsified any application or any other information required to be submitted to the department;

(4) Attempted in any manner to discover, or to impart to any license candidate, the content of and/or answer to any real estate license examination question(s);

(5) Violated any provision in chapter 18.85 RCW or the rules promulgated thereunder;

(6) Failed to cooperate with the department in any investigation or hearing;

(7) Has been convicted of a crime;

(8) Violated any of the provisions of any local, state, or federal antidiscrimination law;

(9) Continued to teach or offer any real estate subject matter whereby the interests of the public are endangered, after the director, by order in writing, stated objections thereto;

(10) Offered, sold, or awarded any clock hours without requiring the student to successfully complete the clock hours which the course was approved;

(11) Accepted registration fees and not supplied the service or failed to refund the fees within thirty days of not supplying the service;

(14) Advertised, published, printed, or distributed false or misleading information;

(15) Solicited, directly or indirectly, information from applicants for a real estate license following the administration of any real estate examination to discover the content of and/or answer to any examination question or questions;

(16) Has failed to meet the requirements of this chapter;

(17) Failed to teach a course consistent with the approved course content or curriculum.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-980, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-985 Hearing procedure.

Upon notice of disapproval or issuance of charges, a person is entitled to a hearing conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW, and the provisions of WAC 308-124-305, 308-124-310, and 308-124-315. To exercise the right to a hearing under this section, a person must request a hearing within twenty days after receipt of the notice of disapproval or charges. Any person aggrieved by a final decision of the director is entitled to judicial review under the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

History

Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-985, filed 3/1/10, effective 7/1/10.

Wash. Admin. Code § 308-124H-990 Real estate course, school, and instructor approval fees.

(1) The following fees shall be charged for applications for approval of real estate courses, schools, and instructors. An application fee shall accompany each application. Approval for schools and instructors, if granted, shall be two years from the date of approval. Approval for courses, except for the core course, if granted, shall be four years from the date of approval. Applications submitted and disapproved may be resubmitted at no additional fee.

(2) Application for course content approval - A fee of seven dollars and sixty cents per clock hour credit being offered, with a minimum fee of seventy-six dollars per core course. A fee of fifteen dollars and twenty cents per clock hour credit being offered, with a minimum of one hundred fifty-two dollars per course other than the core course. Except, the application fee for approval of the sixty clock hour course in real estate fundamentals shall be four hundred fifty-six dollars.

(3) Application for school approval - A fee of three hundred eighty dollars.

(4) Application for instructor approvals:

(a) Approval to teach a specific course on one occasion - A fee of seventy-six dollars;

(b) Approval to teach as many subject areas as requested at time of initial application - A fee of one hundred fourteen dollars. Approval shall be for two years from the approval date;

(c) Approval to teach additional subject area(s) not requested at time of initial application or renewal - A fee of thirty-eight dollars for each application to teach additional subject area(s). Approval, if granted, shall be for remainder of two year approval period. Applications submitted under (a), (b) and (c) of this section and disapproved may be resubmitted at no additional fee.

History

Statutory Authority: RCW 43.24.086. WSR 21-16-080, § 308-124H-990, filed 8/2/21, effective 9/1/21. Statutory Authority: RCW 18.85.041. WSR 14-16-054, § 308-124H-990, filed 7/29/14, effective 8/29/14. Statutory Authority: RCW 18.85.040 and 18.85.041. WSR 10-06-078, § 308-124H-990, filed 3/1/10, effective 7/1/10.

Chapter 308-124I Real estate—Audit/investigation procedures.

Wash. Admin. Code § 308-124I-010 Purpose.

(1) The director regulates the practice of real estate brokerage for the safety of consumers. Real estate purchases and sales are frequently the largest financial transactions in a consumer's lifetime.

(2) A real estate license is a privilege granted by the state to those persons meeting licensing requirements, maintaining required records, and complying with all laws governing the practice of real estate, including cooperation with an audit/investigation of a licensee's real estate brokerage activities.

(3) The standard of practice for real estate licensees is that of an attorney when completing real estate brokerage transaction documents for consumers.

(4) The director utilizes two primary methods of enforcement regarding the practice of real estate brokerage:

(a) Audits; and

(b) Investigations.

(5) These rules are designed to promote efficiency in conducting audits and investigations and to give licensees notice of what is required of them with respect to audits, investigations, and producing records to the department.

History

Statutory Authority: RCW 18.85.041 and 18.85.361. WSR 11-09-017, § 308-124I-010, filed 4/12/11, effective 5/13/11.

Wash. Admin. Code § 308-124I-020 Recordkeeping.

(1) Licensees are required to create and maintain records of their real estate brokerage activities for the regulatory purpose of this chapter.

(2) Records must be maintained by the licensee and made available to the director for three years from the conclusion of the related services or transaction.

(3) Licensees have no privacy interest in the records they are required to maintain by statute or rule.

History

Statutory Authority: RCW 18.85.041 and 18.85.361. WSR 11-09-017, § 308-124I-020, filed 4/12/11, effective 5/13/11.

Wash. Admin. Code § 308-124I-030 Licensee statements and explanations.

(1) During the course of an investigation or audit, licensees may be required to provide written statements, and/or explanations.

(2) A request for a written statement or explanation can only be issued by an authorized representative of the director, such as an investigator, auditor, program staff, or other designee.

History

Statutory Authority: RCW 18.85.041 and 18.85.361. WSR 11-09-017, § 308-124I-030, filed 4/12/11, effective 5/13/11.

Wash. Admin. Code § 308-124I-040 Review of complaints of unprofessional conduct.

(1) Complaints are reviewed to determine if the allegations in the complaint describe an apparent violation of the laws the department administers. Staff may perform some fact-finding for the purposes of determining whether the complaint likely has merit. Even if the complaint is deemed to have merit, the department may decide not to investigate it for reasons such as the gravity of the alleged violation or the resources and priorities of the department.

(2) Department-initiated complaints will be referred to the investigation or audit section. If the complaint is deemed to merit further review, it will be assigned to an investigator or auditor.

(3) During the course of an investigation or audit, if the department's auditor or investigator discovers evidence of additional violations outside the allegations of the complaint, the auditor or investigator may investigate and request records and detailed explanations from the licensee regarding those additional violations.

History

Statutory Authority: RCW 18.85.041 and 18.85.361. WSR 11-09-017, § 308-124I-040, filed 4/12/11, effective 5/13/11.

Wash. Admin. Code § 308-124I-050 Audits.

(1) Real estate firms are subject to routine audits. Routine audits are scheduled approximately every three years.

(2) Audits will be conducted at the location the real estate firm is licensed to conduct real estate brokerage activity or a facility chosen by the department.

(3) All requests for records will be issued by an authorized representative of the director, such as auditors, investigators, program staff or other designee.

(4) An audit can be initiated at any time based upon the results of the previous audit or complaint.

(5) Audits are not scheduled, but they are normally done between the hours of 8:00 a.m. and 5:30 p.m., Monday through Friday, excluding state holidays. An auditor may not forcibly enter a licensed business location unless accompanied by law enforcement personnel pursuant to a valid search warrant. Licensees are advised that refusal to permit access may result in disciplinary action under chapters 18.85 and 18.235 RCW.

(6) An auditor may appear at a licensed business location, unannounced, during the hours described above. A licensee may be required to produce to the auditor at that time all records the licensee is required to keep by the statutes and rules governing licensees. Licensees are advised that refusal to permit access may result in disciplinary action under chapters 18.85 and 18.235 RCW.

(7) The department may not charge for the cost of routine audits to the licensee. Audit costs may be charged to the licensee pursuant to RCW 18.235.110(2) when the department has audited pursuant to a complaint, violations have been found, and the director has issued an order imposing any of the sanctions described in RCW 18.235.110(1).

(8) An auditor and licensee may mutually agree to complete or continue an audit outside the time and date limitations.

History

Statutory Authority: RCW 18.85.041 and 18.85.361. WSR 11-09-017, § 308-124I-050, filed 4/12/11, effective 5/13/11.

Wash. Admin. Code § 308-124I-060 Investigations.

(1) All requests for records will be issued by an authorized representative of the director, such as auditors, investigators, program staff, or other designee.

(2) Requests for records, documents or detailed explanations shall be in writing, by regular mail, facsimile, electronic mail, or in person pursuant to an investigation.

(3) The investigator will not request documents or explanations by telephone unless the telephone request is followed by a request in writing. In the case of a request for records or documents, a licensee will not be charged for failure to cooperate with the department unless the investigator has made a written request for records or documents that the licensee is required to keep, and has described the records or documents with sufficient specificity to notify the licensee of what records or documents are being sought.

(4) An investigator may inspect a licensee's licensed business location and records without a warrant pursuant to an investigation approved or assigned by the director or designee between the hours of 8:00 a.m. and 5:30 p.m., Monday through Friday, excluding state holidays, or during the hours of an appointment agreed to with the licensee. Licensees are advised that refusal to permit access may result in disciplinary action under chapters 18.85 and 18.235 RCW. An investigator may not forcibly enter a licensed business location unless accompanied by law enforcement personnel pursuant to a valid search warrant.

History

Statutory Authority: RCW 18.85.041 and 18.85.361. WSR 11-09-017, § 308-124I-060, filed 4/12/11, effective 5/13/11.

Chapter 308-125 Real estate appraisers.

Wash. Admin. Code § 308-125-010 Definitions.

(1) Words and terms used in these rules shall have the same meaning as each has in the Certified Real Estate Appraiser Act, (chapter 18.140 RCW) and the Uniform Standards of Professional Appraisal Practice (USPAP).

(2) "Appraisal foundation" means a private association of appraiser professional organizations. The appraisal foundation develops appraisal standards which the regulatory agencies must use as minimum standards for federally related transactions and it develops qualification criteria for appraisers.

(3) "Appraisal subcommittee" means a committee created by Title XI. It monitors all activities related to the implementation of Title XI.

(4) "Appraisal standards board" means a board established by the appraisal foundation for the purpose of developing, publishing, interpreting and amending the Uniform Standards of Professional Appraisal Practice.

(5) "The Uniform Standards of Professional Appraisal Practice (USPAP)" means the current edition of the publication in force of the appraisal standards board (ASB) of the appraisal foundation. USPAP is the applicable standard for all appraisal practice in the state of Washington regulated under the provisions of chapter 18.140 RCW.

(6) "Appraiser qualifications board" means a board of the appraisal foundation for the purpose of developing, publishing, interpreting and amending the real property appraiser qualification criteria.

(7) "Real property appraiser qualification criteria" means the minimum criteria establishing the minimum education, experience and examination requirements for real property appraisers to obtain a state certification as established by the appraiser qualifications board (AQB) of the appraisal foundation under the provisions of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989, and any additional qualifying criteria established by the director in accordance with chapter 18.140 RCW.

(8) "Classroom hour" means fifty minutes out of each sixty minute hour.

(9) "Full-time" means the equivalent twelve-month period in which an applicant works at least one thousand hours in real estate appraisal.

(10) "Required core curriculum" means a set of appraiser subject matter areas (known as "modules") that require a specified number of educational hours at each credential level as established by the appraiser qualifications board.

(11) "Module" means an appraisal subject matter area (and required hours of coverage) as identified in the required core curriculum.

(12) "Residential properties" means one to four single family residential units and lots where the highest and best use is for one to four family purposes.

(13) "Significant professional appraisal assistance" shall include but not be limited to the work contributed or performed toward the completion of an appraisal report by either a trainee, state-licensed, or state-certified appraiser, while under the direct supervision of a certified residential appraiser or certified general appraiser as required by the department as qualifying appraisal experience for licensing. Significant professional appraisal assistance shall consist of identifying and analyzing the scope of work, collection of data, analyzing data to derive an opinion of value, or writing the appraisal report in accordance with the Uniform Standards of Professional Appraisal Practice.

(14) "Inactive status" means the status of an appraiser license or certification that is not expired and is eligible for reinstatement or renewal. An appraiser license in inactive status is not eligible to provide real estate appraisal services.

History

Statutory Authority: RCW 18.140.030 (1) and (15). WSR 20-18-024, § 308-125-010, filed 8/26/20, effective 9/26/20. Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 08-17-016, § 308-125-010, filed 8/8/08, effective 9/8/08
WSR 06-06-069, § 308-125-010, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-010, filed 12/20/96, effective 1/20/97. Statutory Authority: RCW 18.140.030(1) and 18.140.090. WSR 95-17-078, § 308-125-010, filed 8/21/95, effective 9/21/95. Statutory Authority: RCW 18.140.030(1). WSR 93-17-020, § 308-125-010, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. WSR 92-18-018, § 308-125-010, filed 8/24/92, effective 9/24/92. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-010, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-020 Application process to take examination.

(1) Any person desiring to take an examination for licensure or certification as a state-licensed or state-certified residential real estate appraiser, or as a state-certified general real estate appraiser, must submit a completed examination application with supporting documents and appropriate fee to the department of licensing, business and professions division, at its official address. After the qualifications for the examination have been verified by the department, the applicant shall submit the preapproved examination application, the request for examination and the appropriate fee to the testing service approved by the director.

(2) At the time of filing with the department, an application for a state license or certification, the applicant shall possess the requisite hours of verifiable real estate appraisal experience. Experience shall be acquired within the requisite time. Qualifying experience shall consist of significant professional appraisal assistance under the supervision of a certified appraiser within the boundaries of the state of Washington except as referenced in WAC 308-125-095.

(3) An application and fee shall be valid for six months from receipt by the department. An applicant may correct any discrepancies in the application other than experience during this six-month period. After six months, if the applicant has not met the prerequisites to sit for the licensure or certification examination, the applicant must submit a new application with the appropriate fee.

(4) Dishonored checks will be considered as an incomplete application.

(5) An applicant shall forfeit all examination fees for any examination or examinations for which the applicant has applied and does not take for any reason, other than through the fault or mistake of the department of licensing or the approved testing agency.

History

Statutory Authority: RCW 18.140.030 (1) and (15). WSR 13-17-002, § 308-125-020, filed 8/7/13, effective 9/7/13. Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 06-06-069, § 308-125-020, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-020, filed 12/20/96, effective 1/20/97. Statutory Authority: RCW 18.140.030(1) and 18.140.090. WSR 95-17-078, § 308-125-020, filed 8/21/95, effective 9/21/95. Statutory Authority: RCW 18.140.030(1). WSR 93-17-020, § 308-125-020, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. WSR 92-18-018, § 308-125-020, filed 8/24/92, effective 9/24/92. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-020, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-025 Application process to register as a real estate appraiser trainee.

(1) Anyone who is not a licensed or certified appraiser or a registered appraiser trainee cannot provide assistance that includes analytical work and exercising discernment or discretion that leads to an appraisal conclusion.

(2) As a prerequisite to registration as a registered appraiser trainee, the applicant shall present evidence satisfactory to the director of successful completion within five years of the date of application of the following appraiser qualifications board modules of qualifying core curriculum of approved qualifying education:

(a) Basic appraisal principles, 30 hours.

(b) Basic appraisal procedures, 30 hours.

(d) The National USPAP course or equivalent 15 hours.

(e) A course that, at a minimum, complies with the specifications for course content established by the appraiser qualifications board that is oriented toward the expectations for the applicant.

(3) Application for registration as a trainee from persons who have had either a real estate license or real estate appraiser license suspended or revoked shall not be accepted by the department until after the time period of the suspension or revocation has expired.

(4) An applicant for registration as a trainee shall present a completed registration form together with the appropriate fee and copies of core curriculum course completion certificates to the director prior to issuance of the approved trainee registration certificate.

(5) Registration as a trainee may be denied for unprofessional conduct as provided in RCW 18.235.130.

History

Statutory Authority: RCW 18.140.030, 18.140.050, 18.140.080, 18.140.130, and 18.140.310. WSR 25-21-134, s 308-125-025, filed 10/21/25, effective 11/21/25. Statutory Authority: RCW 18.140.030 (1) and (15). WSR 16-02-008, § 308-125-025, filed 12/28/15, effective 1/28/16
WSR 13-17-002, § 308-125-025, filed 8/7/13, effective 9/7/13. Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 08-17-016, § 308-125-025, filed 8/8/08, effective 9/8/08
WSR 06-06-069, § 308-125-025, filed 2/28/06, effective 4/1/06.

Wash. Admin. Code § 308-125-030 Examination prerequisite general classification.

The general real estate appraiser classification applies to the appraisal of all types of real property.

(1) As a prerequisite to taking the examination for certification as a state-certified general real estate appraiser, an applicant shall present evidence satisfactory to the director that they have successfully completed not less than 308 hours in the following core modules:

(a) Basic appraisal principles, 30 hours.

(b) Basic appraisal procedures, 30 hours.

(d) The National USPAP course or equivalent, 15 hours.

(e) General appraiser market analysis and highest and best use, 30 hours.

(f) Statistics, modeling and finance, 15 hours.

(g) General appraiser sales comparison approach, 30 hours.

(h) General appraiser site valuation and cost approach, 30 hours.

(i) General appraiser income approach, 60 hours.

(j) General appraiser report writing and case studies, 30 hours.

(k) Appraisal subject matter electives, 30 hours.

(2) Credit towards qualifying education requirements may be obtained via the completion of a degree program in real estate from an accredited degree-granting college or university provided the college or university has had its curriculum reviewed and approved by the appraiser qualifications board.

(3) An original certification as a state-certified general real estate appraiser shall not be issued to any person who does not possess 3,000 hours of appraisal experience obtained continuously over a period of not less than 18 months in Washington or in another state having comparable certification requirements.

(4) To fulfill the experience requirement, an applicant must have at least 1,500 hours of nonresidential appraisal experience.

(5) Applicants for the certified general license must possess a bachelor's degree or higher in any field of study.

History

Statutory Authority: RCW 18.140.030, 18.140.050, 18.140.080, 18.140.130, and 18.140.310. WSR 25-21-134, s 308-125-030, filed 10/21/25, effective 11/21/25. Statutory Authority: RCW 18.140.030 and 46.01.110. WSR 24-03-043, § 308-125-030, filed 1/9/24, effective 2/9/24. Statutory Authority: RCW 18.140.030 (1) and (15). WSR 16-02-008, § 308-125-030, filed 12/28/15, effective 1/28/16
WSR 13-17-002, § 308-125-030, filed 8/7/13, effective 9/7/13. Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 10-09-025, § 308-125-030, filed 4/13/10, effective 5/14/10
WSR 06-06-069, § 308-125-030, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-030, filed 12/20/96, effective 1/20/97. Statutory Authority: RCW 18.140.030(1) and 18.140.090. WSR 95-17-078, § 308-125-030, filed 8/21/95, effective 9/21/95. Statutory Authority: RCW 18.140.030(1). WSR 93-17-020, § 308-125-030, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. WSR 92-18-018, § 308-125-030, filed 8/24/92, effective 9/24/92. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-030, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-040 Examination prerequisite state-certified residential classification.

The state-certified residential real estate appraiser classification applies to appraisals of all types of residential property of one to four units without regard to transaction value or complexity and nonresidential property having a transaction value less than $250,000.

(1) As a prerequisite to taking the examination for certification as a state-certified residential real estate appraiser, an applicant shall present evidence satisfactory to the director that they have successfully completed not less than 208 hours in the following core modules:

(a) Basic appraisal principles, 30 hours.

(b) Basic appraisal procedures, 30 hours.

(d) The National USPAP course or equivalent, 15 hours.

(e) Residential market analysis and highest and best use, 15 hours.

(f) Residential appraiser site valuation and cost approach, 15 hours.

(g) Residential sales comparison and income approaches, 30 hours.

(h) Residential appraiser report writing and case studies, 15 hours.

(i) Statistics, modeling and finance, 15 hours.

(j) Advanced residential applications and case studies, 15 hours.

(k) Appraisal subject matter electives, 20 hours.

(3) An original certification as a state-certified residential real estate appraiser shall not be issued to any person who does not possess 1,500 hours of appraisal experience obtained continuously over a period of not less than 12 months in Washington or in another state having comparable certification requirements.

(4) Applicants for the certified residential appraiser license must satisfy one of the following college education requirement options:

(a) Possess a bachelor's degree or higher in any field of study; or

(b) Possess an associate's degree in a field of study related to business administration, accounting, finance, economics, or real estate; or

(i) English composition, three hours; and

(ii) Microeconomics, three hours; and

(iii) Macroeconomics, three hours; and

(iv) Finance, three hours; and

(v) Algebra, geometry, or higher mathematics, three hours; and

(vi) Statistics, three hours; and

(vii) Business or real estate law, three hours; and

(viii) Computer science, three hours; and

(ix) Two elective courses in: Accounting, geography, agricultural economics, business management, or real estate, three hours each.

(d) Successful completion of at least 30 semester hours of college level examination program (CLEP) examinations in all of the following subject matter areas:

(i) College algebra, three hours; and

(ii) College composition, six hours; and

(iii) College composition modular, three hours; and

(iv) College mathematics, six hours; and

(v) Principles of macroeconomics, three hours; and

(vi) Principles of microeconomics, three hours; and

(vii) Introductory business law, three hours; and

(viii) Information systems, three hours.

(e) Any 30 semester credit hour combination of (c) and (d) of this subsection that includes at least one course or CLEP exam in each of the following subject matter areas:

(i) Composition; and

(ii) Microeconomics; and

(iii) Macroeconomics; and

(iv) Business law; and

(v) Algebra, geometry or higher mathematics.

(f) No college level education is required to apply for state-certified residential real estate appraiser license for an appraiser that has held a state-licensed real estate appraiser license for a minimum of five years, and satisfies all of the following requirements:

(i) No record of any adverse, final and nonappealable disciplinary action affecting the state-licensed real estate appraiser's legal eligibility to engage in appraisal practice within five years immediately preceding the date of application for a state-certified residential real estate appraiser license; and

(ii) Successful completion of the following core qualifying education modules:

(A) Statistics, modeling, and finance, 15 hours; and

(B) Advanced residential applications and case studies, 15 hours; and

(iii) Successful completion of the required experience as specified in subsection (3) of this section; and

(iv) Successful completion of the certified residential real property appraiser examination as specified in these rules.

History

Statutory Authority: RCW 18.140.030, 18.140.050, 18.140.080, 18.140.130, and 18.140.310. WSR 25-21-134, s 308-125-040, filed 10/21/25, effective 11/21/25. Statutory Authority: RCW 18.140.030 and 46.01.110. WSR 24-03-043, § 308-125-040, filed 1/9/24, effective 2/9/24. Statutory Authority: RCW 18.140.030(1). WSR 18-24-113, § 308-125-040, filed 12/4/18, effective 1/4/19. Statutory Authority: RCW 18.140.030 (1) and (15). WSR 16-02-008, § 308-125-040, filed 12/28/15, effective 1/28/16
WSR 13-17-002, § 308-125-040, filed 8/7/13, effective 9/7/13. Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 06-06-069, § 308-125-040, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-040, filed 12/20/96, effective 1/20/97
WSR 94-01-002, § 308-125-040, filed 12/1/93, effective 1/1/94
WSR 93-17-020, § 308-125-040, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. WSR 91-23-007, § 308-125-040, filed 11/7/91, effective 12/8/91
WSR 91-04-074, § 308-125-040, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-045 Examination prerequisite state-licensed classification.

The state-licensed real estate appraiser classification applies to appraisal of noncomplex one to four residential units having a transaction value less than $1,000,000 and complex one to four residential units having a transaction value less than $400,000 and nonresidential property having a transaction value less than $250,000.

(1) As a prerequisite to taking the examination for certification as a state-licensed real estate appraiser, an applicant shall present evidence satisfactory to the director that they have successfully completed not less than 158 hours in the following core modules:

(a) Basic appraisal principles, 30 hours.

(b) Basic appraisal procedures, 30 hours.

(d) The National USPAP course or equivalent, 15 hours.

(e) Residential market analysis and highest and best use, 15 hours.

(f) Residential appraiser site valuation and cost approach, 15 hours.

(g) Residential sales comparison and income approaches, 30 hours.

(h) Residential appraiser report writing and case studies, 15 hours.

(2) Credit toward qualifying education requirements may be obtained via the completion of a degree program in real estate from an accredited degree-granting college or university provided the college or university has had its curriculum reviewed and approved by the appraiser qualifications board.

(3) An original certification as a state-licensed real estate appraiser shall not be issued to any person who does not possess 1,000 hours of appraisal experience obtained continuously over a period of not less than six months in Washington or in another state having comparable certification requirements.

History

Statutory Authority: RCW 18.140.030, 18.140.050, 18.140.080, 18.140.130, and 18.140.310. WSR 25-21-134, s 308-125-045, filed 10/21/25, effective 11/21/25. Statutory Authority: RCW 18.140.030 and 46.01.110. WSR 24-03-043, § 308-125-045, filed 1/9/24, effective 2/9/24. Statutory Authority: RCW 18.140.030(1). WSR 18-24-113, § 308-125-045, filed 12/4/18, effective 1/4/19. Statutory Authority: RCW 18.140.030 (1) and (15). WSR 16-02-008, § 308-125-045, filed 12/28/15, effective 1/28/16
WSR 13-17-002, § 308-125-045, filed 8/7/13, effective 9/7/13. Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 06-06-069, § 308-125-045, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-045, filed 12/20/96, effective 1/20/97
WSR 93-17-020, § 308-125-045, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. WSR 91-23-007, § 308-125-045, filed 11/7/91, effective 12/8/91.

Wash. Admin. Code § 308-125-050 Educational courses—Preexamination.

(1) To be accepted under WAC 308-125-030(1), 308-125-040(1), and 308-125-045(1), courses must:

(a) Be a minimum of fifteen classroom hours in length;

(b) Include an examination;

(d) Be approved by the director as identified in the appraiser program's publication Approved Courses, Real Estate Appraisers; or

(e) Be approved by the appraiser qualifications board and approved by the director.

(2) The following limitations may apply to course work submitted to the department for approval:

(a) Distance education may be acceptable to meet classroom hour requirements only if each course meets the following conditions:

(i) The course provides interaction. Interaction is a reciprocal environment where the student has verbal or written communication with the instructor;

(ii) An individual successfully completes a closed-book written, proctored examination administered at a location by an official approved by the college or university; and

(iii) Content and course delivery mechanism approvals are obtained from the appraisal qualifications board or an accredited college, community college, or university that offers distance education programs and is approved or accredited by the commission on colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the United States Secretary of Education. Nonacademic credit college courses provided by a college shall be approved by the appraisal qualifications board and approved by the director.

(b) An applicant shall not receive "dual credit" for courses that have the same or very similar content and are deemed comparable by the department, even if an applicant completes the courses through different course providers.

(3) Copies of official transcript of college records or certificates of course completion will be considered as satisfactory evidence for education requirements.

(4) Preexamination review seminars or examination preparation seminars will not be approved for clock hour credit.

(5) An application shall be submitted for approval not less than ninety days preceding the course start date. Course approval expiration shall be three years from the date of approval, except for the Uniform Standards of Professional Appraisal Practice courses or seminars having a definite date.

(6) All courses approved by the appraiser qualifications board will continue to be accepted by the department as approved courses until the expiration date.

(7) Appraisal course providers who have received the appraiser qualifications board's course approval are not required to submit course material or content materials to the department for approval. The course provider shall submit a secondary provider course content approval application to the department.

History

Statutory Authority: RCW 18.140.030 (1) and (15). WSR 13-17-002, § 308-125-050, filed 8/7/13, effective 9/7/13. Statutory Authority: RCW 18.140.030 (1), (7), (8) and (15). WSR 11-19-103, § 308-125-050, filed 9/21/11, effective 10/22/11
WSR 10-09-025, § 308-125-050, filed 4/13/10, effective 5/14/10
WSR 06-06-069, § 308-125-050, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-050, filed 12/20/96, effective 1/20/97
WSR 93-17-020, § 308-125-050, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-050, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-070 Experience requirements.

(1) State licensed applicants must accumulate 1,000 hours within a minimum of six months and a maximum of seven years. Certified residential applicants must accumulate 1,500 hours within a minimum of one year (12 months) and a maximum of seven years. Certified general applicants must accumulate 3,000 hours within a minimum of 18 months and a maximum of seven years.

(2) Any work product claimed for experience credit dated January 1, 1990, and later shall conform to the Uniform Standards of Professional Appraisal Practice in effect at the time the appraisal is completed.

(a) Reports shall be in writing.

(b) An appraisal work file must be available to the director to substantiate work performed.

(c) Appraisal experience must have been performed as a licensed or certified appraiser or a registered trainee to qualify. Appraisal experience accrued through a Practical Applications of Real Estate Appraisal program is exempt from the requirements of this subsection (2)(c) of this section.

(3) A registered trainee may gain experience under the supervision of no more than six supervisory appraisers during their trainee period.

(4) The department may request appraiser work files to verify, confirm, or compare entries made on the experience log. Failure to provide work files to the department upon its request may disqualify the reports as qualifying experience.

(5) An applicant for certification or license shall certify, under penalty of perjury, the completion of the required experience.

(6) Appraisal work qualifying for appraisal experience includes, but is not limited to, the following: Fee and staff appraisal, ad valorem tax appraisal, appraisal review, appraisal analysis, appraisal consulting, highest and best use analysis, feasibility analysis/study.

(7) The department may require a supervisory appraiser to certify, under penalty of perjury, the applicant's work experience.

(8) The department may request written reports or work files to verify an applicant's experience.

(9) As an alternative means to satisfy the experience requirements of this section, applicants may complete a Practical Applications of Real Estate Appraisal (PAREA) program. PAREA programs must be approved by the Appraiser Qualification Board prior to the program's administration.

(a) Participants may not receive partial credit for a Practical Applications of Real Estate Appraisal program.

(b) Participants may not receive a certificate of completion until all required components of the Practical Applications of Real Estate Appraisal program have been successfully completed and approved by a program mentor.

(c) Experience hours gained from Practical Applications of Real Estate Appraisal programs are exempt from state locality requirements outlined in WAC 308-125-020(2), 308-125-040(3), and 308-125-045(3).

(d) Participants who complete a Licensed Residential Practical Applications of Real Estate Appraisal program may apply their certificate of completion in the following ways:

(i) A Licensed Residential PAREA certificate of completion may satisfy up to 100 percent of the required experience hours for the Licensed Residential classification.

(ii) A Licensed Residential PAREA certificate of completion may satisfy up to 67 percent of the required experience hours for the Certified Residential classification.

(iii) A Licensed Residential PAREA certificate of completion may satisfy up to 33 percent of the required experience hours for the Certified General classification, none of which is eligible towards the required nonresidential hours.

(e) Participants who complete a Certified Residential Practical Applications of Real Estate Appraisal program may apply their certificate of completion in the following ways:

(i) A Certified Residential PAREA certificate of completion may satisfy up to 100 percent of the required experience hours for the Licensed Residential classification.

(ii) A Certified Residential PAREA certificate of completion may satisfy up to 100 percent of the required experience hours for the Certified Residential classification.

(iii) A Certified Residential PAREA certificate of completion may satisfy up to 50 percent of the required experience hours for the Certified General classification, none of which is eligible towards the required nonresidential hours.

History

Statutory Authority: RCW 18.140.030, 18.140.050, 18.140.080, 18.140.130, and 18.140.310. WSR 25-21-134, s 308-125-070, filed 10/21/25, effective 11/21/25. Statutory Authority: RCW 18.140.030 and 46.01.110. WSR 24-03-043, § 308-125-070, filed 1/9/24, effective 2/9/24. Statutory Authority: RCW 18.140.030(1). WSR 18-24-113, § 308-125-070, filed 12/4/18, effective 1/4/19. Statutory Authority: RCW 18.140.030 (1) and (15). WSR 16-02-008, § 308-125-070, filed 12/28/15, effective 1/28/16
WSR 13-17-002, § 308-125-070, filed 8/7/13, effective 9/7/13. Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 06-06-069, § 308-125-070, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-070, filed 12/20/96, effective 1/20/97. Statutory Authority: RCW 18.140.030(1) and 18.140.090. WSR 95-17-078, § 308-125-070, filed 8/21/95, effective 9/21/95. Statutory Authority: RCW 18.140.030(1). WSR 93-17-020, § 308-125-070, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. WSR 92-18-018, § 308-125-070, filed 8/24/92, effective 9/24/92. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-070, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-075 Allowed credits for appraisal experience.

(1) The department shall not grant to state-licensed or state-certified appraisers and applicants experience credits for appraisal experience that exceeds the following hourly allotments for each appraisal:

| (a) | Single family residential - exterior form report | 6 hours | | --- | --- | --- | | (b) | Single family residential - form report | 12 hours | | (c) | Multifamily residential - form report | 20 hours | | (d) | Residential lot 1 acre or less | 8 hours | | (e) | Land tract less than or equal to 40 acres | 16 hours | | (f) | Short plats | 20 hours | | (g) | Land tract 41-160 acres | 24 hours | | (h) | Land tract 161-640+ acres | 36 hours | | (i) | Subdivisions | 60 hours | | (j) | Commercial/industrial land | 25 hours | | (k) | Commercial - form report | 40 hours | | (l) | Commercial - narrative report | 80 hours | | (m) | Regional mall/high rise office bldg./Hotel | 120 hours | | (n) | Appraisal review (single family) (not applicable to trainees) | 12 hours | | (o) | Appraisal review (commercial) (not applicable to trainees) | 40 hours | | (p) | Feasibility study | 80 hours | | (q) | Appraisal consulting (nonresidential) | 40 hours | | (r) | Agricultural | 60 hours |

(2) The department shall not grant to state-licensed or state-certified appraisers and applicants experience credits for Eminent Domain Appraisals that exceed the following hourly allotments for each appraisal:

| (a) | Vacant (single family lot) | 24 hours | | --- | --- | --- | | (b) | Vacant (large land tract) | 32 hours | | (c) | Single family residential | 42 hours | | (d) | Multifamily residential | 60 hours | | (e) | Agricultural (improved) | 72 hours | | (f) | Industrial (improved) | 72 hours | | (g) | Commercial (improved) | 72 hours | | (h) | Very complex damages or benefits | 120 hours | | (i) | Special purpose improved | 54 hours |

(3) The department shall not grant to state-licensed or state-certified appraisers and applicants experience credits for Eminent Domain Appraisal Reviews that exceed the following hourly allotments for each appraisal:

| (a) | Vacant (single family lot) | 8 hours | | --- | --- | --- | | (b) | Vacant (large land tract) | 12 hours | | (c) | Single family residential | 16 hours | | (d) | Multifamily residential | 24 hours | | (e) | Agricultural (improved) | 40 hours | | (f) | Industrial (improved) | 40 hours | | (g) | Commercial (improved) | 40 hours | | (h) | Very complex damages or benefits | 50 hours | | (i) | Special purpose improved | 40 hours |

(4) Experience credits for appraisal experience not listed in subsections (1), (2), or (3) shall be determined by the department on a case-by-case basis.

History

Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 06-06-069, § 308-125-075, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-075, filed 12/20/96, effective 1/20/97
WSR 94-15-058, § 308-125-075, filed 7/18/94, effective 8/18/94.

Wash. Admin. Code § 308-125-080 Application for certification.

(1) Upon receipt of notice of passage of the examination, applicants must submit a complete original certification application with the certification fee to the department of licensing, business and professions division, at its official address. The department will verify qualifications under chapter 18.140 RCW and the rules promulgated thereunder.

(2) Each original and renewal and reinstated certificate issued under RCW 18.140.130 shall expire on the applicant's second birthday following issuance of the certificate.

History

Statutory Authority: RCW 18.140.030 (1) and (15). WSR 20-18-024, § 308-125-080, filed 8/26/20, effective 9/26/20. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-080, filed 12/20/96, effective 1/20/97. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. WSR 92-18-018, § 308-125-080, filed 8/24/92, effective 9/24/92. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-080, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-085 Temporary practice.

(1) A real estate appraiser from another state who is licensed or certified by another state shall apply for registration to receive temporary licensing or certification for a single assignment in Washington by paying a fee and filing an application with the department on a form provided by the department. An applicant may be required to provide a statement from the state in which the person is licensed or certified establishing licensure or certification.

(2) Licensing and certification privileges granted under the provisions of this section shall expire six months from issuance. Licensing or certification shall not be renewed. However, an applicant may receive an extension of a temporary practice permit to complete the assignment, provided that a written request is received by the department prior to the expiration date, stating the reason for the extension.

(3) Persons granted temporary licensing or certification privileges under this section shall not advertise or otherwise hold themselves out as being licensed or certified by the state of Washington.

(4) Persons granted temporary licensure or certification are subject to all provisions under this chapter. Each temporary permit issued under this section allows an appraiser to perform an independent appraisal service required by a contract for appraisal services submitted to the department with the application for temporary permit.

(5) An appraiser may obtain a maximum of three temporary practice permits in a calendar year.

History

Statutory Authority: RCW 18.140.030 (1) and (15). WSR 13-17-002, § 308-125-085, filed 8/7/13, effective 9/7/13. Statutory Authority: RCW 18.140.030(1), 18.140.155(2). WSR 02-10-022, § 308-125-085, filed 4/23/02, effective 5/24/02. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-085, filed 12/20/96, effective 1/20/97
WSR 93-17-020, § 308-125-085, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. WSR 92-18-018, § 308-125-085, filed 8/24/92, effective 9/24/92.

Wash. Admin. Code § 308-125-090 Continuing education required.

(1) As a prerequisite to renewal of an active or inactive certification, licensure, or registration, the holder of a certificate, license, or registration shall present evidence satisfactory to the director of successful completion of the continuing education requirements of this section.

(2) The continuing education requirements for renewal of an active or inactive certification, licensure, or registration shall be the completion by the applicant of 28 hours of instruction in courses or seminars which have received the approval of the director. Courses must be completed within the term of certification, licensure, or registration immediately preceding renewal. An applicant shall not receive credit in consecutive renewals for courses that have the same or very similar content and are deemed comparable by the department. The holder of a certificate, license, or registration will present evidence of successful completion of the seven-hour National USPAP update course or its equivalent.

(3) In order for courses or seminars to be accepted under subsection (2) of this section, the course or seminar must be a minimum of two hours in length and be directly related to real estate appraising. However, a maximum of one-half of the continuing education hours required for renewal can be in two-hour seminars or courses.

(4) An examination is not required for courses or seminars taken for continuing education classroom hours.

(5) Up to one-half of the requirement under subsection (2) of this section may be met by participation other than as a student in educational process and programs approved by the director including teaching, program development, and authorship of textbooks and other written instructional materials. A licensee or certificate holder may receive continuing education credit for teaching an approved real estate appraisal course. Once a licensee or certificate holder has received credit for teaching an approved real estate appraiser course, the credential holder shall not receive credit for teaching that course or any substantially similar course on any subsequent occasion, with the exception of the Uniform Standards of Professional Appraisal Practice, USPAP, seven-hour update, and valuation bias and fair housing laws and regulations course.

(a) The first time an appraiser completes the continuing education requirement for valuation bias and fair housing laws and regulations course, the course length must be seven hours. If an appraiser successfully completed a seven-hour course (plus a one-hour exam) as part of their qualifying education, they have met this requirement.

(b) Every two calendar years afterward, the valuation bias and fair housing laws and regulations course length must be at least four hours.

(6) Courses or seminars taken to satisfy the continuing education requirement for real estate appraisers, should include coverage of real estate appraisal related topics, such as:

(a) Ad valorem taxation.

(b) Appraisal and consulting report writing.

(d) Business courses related to practice of real estate appraisal and consulting.

(e) Construction estimating.

(f) Developing opinions of real property value in appraisals that also include personal property and/or business value.

(g) Ethics and standards of professional practice, USPAP.

(h) Green buildings.

(i) Land use planning, zoning, and taxation.

(j) Management, leasing, brokerage, timesharing.

(k) Property development, partial interests.

(l) Real estate appraisal (valuations/evaluations).

(m) Real estate financing and investment.

(n) Real estate law, easements and legal interests.

(o) Real estate litigation, damages and condemnation.

(p) Real estate related computer applications.

(q) Real estate securities and syndication.

(r) Real property exchange.

(s) Seller concessions.

(t) Valuation bias and fair housing laws and regulations.

(u) Such other presentations approved by the director.

(7) The director may approve continuing education credit for attendance at one real estate appraiser commission meeting of no more than seven hours.

(8) The director may defer completion of continuing education for the holder of a certificate, license, or registration returning from military service active duty and place the registration, license, or certificate in an active status for a period of 90 days pending completion of education. If the holder of a certificate, license, or registration fails to comply with the continuing education requirement within said 90 days, the registration, license, or certificate will revert to an expired status.

(9) A licensee or certificate holder may receive continuing education credit for teaching an approved real estate appraisal course. One hour of education credit for each hour of teaching an approved real estate appraisal course shall be given. Once a licensee or certificate holder has received credit for teaching an approved real estate appraisal course, the credential holder shall not receive credit for teaching that course or any substantially similar course on any subsequent occasion.

History

Statutory Authority: RCW 18.140.030, 18.140.050, 18.140.080, 18.140.130, and 18.140.310. WSR 25-21-134, s 308-125-090, filed 10/21/25, effective 11/21/25. Statutory Authority: RCW 18.140.030 (1) and (15). WSR 20-18-024, § 308-125-090, filed 8/26/20, effective 9/26/20
WSR 13-17-002, § 308-125-090, filed 8/7/13, effective 9/7/13. Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 10-09-024, § 308-125-090, filed 4/13/10, effective 5/14/10
WSR 07-23-079, § 308-125-090, filed 11/19/07, effective 1/1/08
WSR 06-06-069, § 308-125-090, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(8). WSR 03-14-091, § 308-125-090, filed 6/30/03, effective 7/31/03
WSR 99-11-039, § 308-125-090, filed 5/14/99, effective 6/14/99. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-090, filed 12/20/96, effective 1/20/97
WSR 93-17-020, § 308-125-090, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-090, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-095 Responsibilities of the appraiser supervisor.

(1) A certified real estate appraiser licensed by the state of Washington may supervise trainees in accordance with the following provisions:

(a) The certified real estate appraiser is in good standing and not subject to any disciplinary action which affects their legal eligibility to engage in appraisal practice within the three years preceding registration to become a supervisory appraiser.

(b) The certified real estate appraiser shall have been certified for a minimum of three years prior to becoming a supervisory appraiser.

(c) The certified real estate appraiser shall have completed a course that, at a minimum, complies with the specification for course content established by the appraiser qualifications board. This course must be completed prior to supervising a registered appraiser trainee.

(d) Not more than three real estate appraiser trainees may be supervised in accordance with the appraiser qualifications board standards unless written authorization by the department is granted to exceed that number of trainees at any one time.

(e) Supervision of trainees in the process of appraising real property shall occur within the boundaries of the state of Washington and comply with jurisdictional and established agreements with other states. If a trainee is supervised by a certified appraiser who is licensed in both the state of Washington and with another state or has a temporary license in another state; and the trainee is registered as a trainee in that other state by either temporary permit, license, or registration, then the appraisal assignments shall qualify as work experience on the experience log.

(f) Authorization to exceed supervision of three trainees may be granted by the director upon approval of a written request and under the provisions of subsection (2) of this section.

(g) A registered real estate appraiser trainee may assist in the completion of an appraisal report, including determination of an opinion of value and may sign the appraisal report, provided that they are actively and personally supervised by a state-certified real estate appraiser, and provided that the appraisal report is reviewed and signed by the state-certified real estate appraiser; and provided the state-certified appraiser accepts total responsibility for the appraisal report.

(h) The certified appraiser shall:

(i) Personally inspect each appraised property with the trainee appraiser, until the supervisory appraiser determines the trainee is competent to inspect the property, in accordance with the Competency Rule of USPAP for the property type.

(ii) Personally review and verify each appraisal report prepared by the trainee as entered on the trainee experience log as qualifying work experience prior to the log being submitted to the department by the supervised trainee. The trainee shall be entitled to obtain copies of the appraisal reports in which the trainee provided appraisal assistance.

(iii) Personally review and verify each appraisal report prepared by a state licensed or certified residential appraiser as entered on the qualifying work experience log prior to the log being submitted to the department by the licensee. The state licensed or certified residential appraiser shall be entitled to obtain copies of the appraisal reports in which the state licensed and certified residential appraiser provided appraisal assistance.

(iv) Comply with all USPAP requirements.

(v) Maintain a separate "properties inspected with trainee" log for each supervised trainee. This log must be made available to the department upon request and is to be submitted with trainee's application for license or certification.

(vi) Register with the department as a supervisory appraiser and include the names of the registered real estate appraiser trainees being supervised. Registration must be five business days prior to the start of supervision. The supervisory appraiser shall notify the department when they are no longer a supervisory appraiser of a trainee, with such notice including the name, address, and registration number of the registered trainee.

(2) Authorization may be granted by the director to a certified appraiser to exceed the number of trainees allowed to be supervised providing:

(a) The certified appraiser has more than five years certified experience.

(b) The certified appraiser shall make a written application to the department requesting to supervise not more than three trainees with less than one year experience; and three trainees with more than one year experience; and five trainees with greater than two years experience. The total number of supervised trainees shall not exceed eight for all experience levels at any one time.

(c) The certified appraiser shall prepare and maintain trainee progress reports and make them available to the department until such time as the trainee becomes certified or licensed or after two years has lapsed since supervising the trainee.

(d) The certified appraiser shall provide to the department a mentoring plan for consideration prior to the department authorizing supervision of more than three trainees.

History

Statutory Authority: RCW 18.140.030, 18.140.050, 18.140.080, 18.140.130, and 18.140.310. WSR 25-21-134, s 308-125-095, filed 10/21/25, effective 11/21/25. Statutory Authority: RCW 18.140.030 and Title XI § 1122 (b), 12 U.S.C. WSR 17-24-040, § 308-125-095, filed 11/30/17, effective 12/31/17. Statutory Authority: RCW 18.140.030 (1) and (15). WSR 16-02-008, § 308-125-095, filed 12/28/15, effective 1/28/16
WSR 13-17-002, § 308-125-095, filed 8/7/13, effective 9/7/13. Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 08-17-016, § 308-125-095, filed 8/8/08, effective 9/8/08
WSR 06-06-069, § 308-125-095, filed 2/28/06, effective 4/1/06.

Wash. Admin. Code § 308-125-100 Course approval requirements.

(1) For purpose of this section prior to July 1, 1992, the director will approve the following courses required prerequisite to sitting for the examination: Provided, That courses must satisfy the requirements of WAC 308-125-050.

(a) Courses offered at college or universities, vocational-technical schools, community colleges, and other state or federal agencies will be accepted by the director;

(b) Courses offered by other providers such as real estate appraisal or real estate organizations or proprietary schools must be reviewed and approved by the director.

(2) For purposes of this section, after July 1, 1992, the director will approve the following courses required prerequisite to sitting for the examination and continuing education: Provided, That courses must satisfy the requirements of WAC 308-125-030, 308-125-040, 308-125-045, 308-125-050, and 308-125-090:

(a) Courses taken at colleges or universities, vocational-technical schools, community colleges, and state or federal agencies will be accepted by the director;

(b) Courses offered by other providers such as real estate appraisal or real estate organizations or proprietary schools must be reviewed and approved by the director: Provided, That all courses offered by providers under this subsection after July 1, 1992, must be preapproved by the director in order to qualify.

(3) Copies of official transcripts of college records or certificates of completion will be considered as satisfactory evidence for education requirements.

History

Statutory Authority: RCW 18.140.030(1). WSR 93-17-020, § 308-125-100, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-100, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-110 Business location and/or physical address and mailing address.

It is the responsibility of each applicant state-certified and licensed real estate appraiser, and registered real estate appraiser trainee to notify the department of a change of business location and/or physical and mailing address for receiving certified mail and service documents. Change of address notification shall be made within ten days of the change of address. If appraisal work files are stored at another location from the appraiser's place of business then such location shall be reported to the director upon request.

History

Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 06-06-069, § 308-125-110, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). WSR 93-17-020, § 308-125-110, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-110, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-120 Fees and charges.

The following fees shall be paid under the provisions of chapter 18.140 RCW:

| Title of Fee | Fee | | | | --- | --- | --- | --- | | (1) | Application for examination | $740.00 | | | (2) | Examination | | 120.00** | | (3) | Reexamination | | 120.00** | | (4) | Original certification | 420.00* | | | (5) | Active license renewal | 980.00* | | | (6) | Inactive license reinstatement | 1,200.00* | | | (7) | Late renewal | 76.00 | | | (8) | Certification history record | 30.00 | | | (9) | Application for reciprocity | 660.00 | | | (10) | Original certification via reciprocity | 420.00* | | | (11) | Temporary practice | 250.00 | | | (12) | Trainee registration | 400.00 | | | (13) | Trainee registration renewal | 400.00 | | | (14) | DOL license print | 5.00 | |

| * | Fees for these categories marked with an asterisk include a national registry fee in an amount determined by the appraisal subcommittee to be submitted by the state. Title XI, SEC. 1109 requires each state to submit a roster listing of state licensed and certified appraisers to the Appraiser Subcommittee. | | --- | --- | | ** | Charges for categories marked with a double asterisk are determined by contract with an outside testing service. |

History

Statutory Authority: RCW 43.24.086, 46.01.110, and 18.140.050. WSR 24-20-011, s 308-125-120, filed 9/19/24, effective 10/20/24. Statutory Authority: RCW 18.140.030 (1) and (15). WSR 20-18-024, § 308-125-120, filed 8/26/20, effective 9/26/20. Statutory Authority: RCW 18.140.030 (1), (7), (8) and (15). WSR 11-19-103, § 308-125-120, filed 9/21/11, effective 10/22/11. Statutory Authority: RCW 18.140.050 and 42.24.086. WSR 09-24-037, § 308-125-120, filed 11/23/09, effective 1/1/10. Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 06-06-069, § 308-125-120, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 43.24.086. WSR 02-03-011, § 308-125-120, filed 1/4/02, effective 5/1/02
WSR 99-04-075, § 308-125-120, filed 2/2/99, effective 3/5/99
WSR 97-21-077, § 308-125-120, filed 10/17/97, effective 1/1/98
WSR 97-16-042, § 308-125-120, filed 7/31/97, effective 8/31/97. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-120, filed 12/20/96, effective 1/20/97. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. WSR 92-18-018, § 308-125-120, filed 8/24/92, effective 9/24/92. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-120, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-130 Application, certification, licensure, and reexamination.

(1) An applicant who has satisfied the prerequisite to sit for the licensure or certification examination must complete the examination within six months of approval date by the department.

(2) Any applicant who has passed the licensure or certification examination must become licensed or certified within six months from the date of such examination. Failure to comply with this provision will necessitate the submission of a new application, application fee, and the taking and passing of another examination prior to licensure or certification.

(3) An applicant who has failed the examination, or failed to appear for a scheduled examination, may apply for reexamination provided the required reexamination fee is submitted. The examination approval notice shall be valid for reexamination for a period of no more than six months after date of issuance.

History

Statutory Authority: RCW 18.140.030(1). WSR 93-17-020, § 308-125-130, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. WSR 92-18-018, § 308-125-130, filed 8/24/92, effective 9/24/92. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-130, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-140 Passing exam score.

The minimum scaled score required to pass the real estate appraiser examination is established by the appraiser qualifications board.

History

Statutory Authority: RCW 18.140.030 (1) and (15). WSR 13-17-002, § 308-125-140, filed 8/7/13, effective 9/7/13. Statutory Authority: RCW 18.140.030(1). WSR 93-17-020, § 308-125-140, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-140, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-150 Examination procedures.

(1) Each applicant will be required to present one piece of positive identification which bears a photograph of the applicant. In the event the applicant has no photo identification, the applicant will be required to make prior arrangements with the licensing unit not later than ten working days prior to the examination. Failure to produce the required identification will result in the applicant being refused admission to the examination.

(2) Applicants will be required to refrain from talking to other examinees during the examination unless specifically directed or permitted to do so by a test monitor. Any applicant observed talking or attempting to give or receive information, using unauthorized materials during any portion of the examination, or removing test booklets and/or notes from the testing room will be subject to denial of a certification.

(3) Applicants who participate in disruptive behavior during the examination will be required to turn in their test materials to the test monitor and leave the examination site. Their opportunity to sit for the examination will be forfeited. Their answer sheet will be voided. A voided answer sheet will not be scored and the examination fee will not be refunded. A candidate must then reapply to take the examination.

History

Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-150, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-170 Exceptions to chapter 18.140 RCW.

No exceptions will be allowed to the requirements of chapter 18.140 RCW except as provided by statute or rule.

History

Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-170, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-180 Reciprocity.

A person licensed or certified as a real estate appraiser under the rules or laws of another state may obtain certification in the state of Washington when the following condition is met:

The state in which the appraiser is licensed or certified has an appraiser licensure or certification program which meets federal guidelines.

A person seeking licensure or certification under this section may be required to provide a statement from the state in which the person is licensed or certified establishing licensure or certification.

History

Statutory Authority: RCW 18.140.030 (1) and (15). WSR 15-18-120, § 308-125-180, filed 9/2/15, effective 10/3/15. Statutory Authority: RCW 18.140.030(1). WSR 97-02-004, § 308-125-180, filed 12/20/96, effective 1/20/97
WSR 93-17-020, § 308-125-180, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-180, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-190 Examination required—Scope.

The director shall approve an examination for licensure and certification of real estate appraisers. This examination may be prepared and administered within a state agency, or the director may request bids for contracts to prepare and administer the exam. Such requests for proposals shall be done in accordance with the state law.

(1) The director will determine the scope of the examination and provide information concerning the scope of the examination to an individual upon request.

(2) If the director determines to seek proposals for testing services, the director will establish criteria for evaluating the proposals.

History

Statutory Authority: RCW 18.140.030(1). WSR 93-17-020, § 308-125-190, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-190, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-200 Standards of practice.

(1) The standard of practice governing real estate appraisal activities will be the edition of the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation in effect on the date of the appraisal report. A copy of the Uniform Standards of Professional Appraisal Practice is available for review and inspection at the office of the Real Estate Appraiser Unit Office, Olympia, Washington. The Uniform Standards of Professional Appraisal Practice is a copyright document. Copy of the full text may be obtained from the Appraisal Foundation at The Appraisal Foundation, P.O. Box 96734, Washington, DC 20090-6734.

(2) Expert review appraisers as defined by RCW 18.140.010(11) while performing expert reviews pursuant to chapter 18.140 RCW are required to comply with the Uniform Standards of Professional Appraisal Practice, Standard 3 review provisions while performing expert reviews for the director.

History

Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 06-06-069, § 308-125-200, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030 (1) and (13). WSR 05-05-097, § 308-125-200, filed 2/16/05, effective 3/19/05. Statutory Authority: RCW 18.140.030(1) and 18.235.030(1). WSR 04-04-052, § 308-125-200, filed 1/30/04, effective 3/1/04. Statutory Authority: RCW 18.140.030 (16), (17). WSR 03-02-040, § 308-125-200, filed 12/24/02, effective 1/24/03
WSR 02-03-012, § 308-125-200, filed 1/4/02, effective 2/4/02. Statutory Authority: [RCW 18.140.030 (16), (17) and chapter 18.140 RCW.] WSR 00-23-038, § 308-125-200, filed 11/9/00, effective 12/10/00. Statutory Authority: RCW 43.24.086. WSR 00-04-057, § 308-125-200, filed 1/28/00, effective 2/28/00
WSR 99-04-074, § 308-125-200, filed 2/2/99, effective 3/5/99
WSR 98-17-083, § 308-125-200, filed 8/18/98, effective 9/18/98. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-200, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-210 Required records—Accessibility of records to the department of licensing.

All appraisers certified or licensed under chapter 18.140 RCW must retain records required by the Uniform Standards of Professional Appraisal Practice for a minimum of five years or at least two years after final disposition of any judicial proceeding in which the appraiser provided testimony related to the assignment, whichever period expires last. Such records will be subject to random audit by the department without notice and must be readily available for inspection by a representative of the department.

History

Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 06-06-069, § 308-125-210, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). WSR 93-17-020, § 308-125-210, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. WSR 91-04-074, § 308-125-210, filed 2/5/91, effective 3/8/91.

Wash. Admin. Code § 308-125-225 Meetings—Notice.

The real estate appraiser commission meets at the call of the director. Regular meetings are scheduled in February, May, August and November on the third Friday. Department requirements may necessitate altering scheduled meetings in accordance with RCW 42.30.075. Special meetings are in accordance with RCW 42.30.080.

History

Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). WSR 06-06-069, § 308-125-225, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). WSR 93-17-020, § 308-125-225, filed 8/10/93, effective 9/10/93.

Wash. Admin. Code § 308-125-250 Inactive licenses.

(1) Any license issued under this chapter and not otherwise revoked is deemed "inactive" at any time it is delivered to the director. Until reinstated under this chapter, the holder of an inactive license is prohibited from conducting real estate appraisal services.

(2) An inactive license may be renewed on the same terms and conditions as an active license, except that a person with an inactive license shall pay the inactive license reinstatement fee identified in WAC 308-125-120. Failure to renew shall result in cancellation in the same manner as an active license.

(3) An inactive license may be placed in an active status upon submission of a reinstatement application to include proof of successful completion within 180 days of application of a 15 hour course in the uniform standards of professional appraisal practice.

(4) If an appraiser license is inactive for more than eight years, the license shall be canceled in the same manner as an active license.

History

Statutory Authority: RCW 18.140.030, 18.140.050, 18.140.080, 18.140.130, and 18.140.310. WSR 25-21-134, s 308-125-250, filed 10/21/25, effective 11/21/25. Statutory Authority: RCW 18.140.030 (1) and (15). WSR 20-18-024, § 308-125-250, filed 8/26/20, effective 9/26/20.

Chapter 308-127 Timeshare.

Wash. Admin. Code § 308-127-035 Definitions.

(1) Words and terms used in these rules shall have the same meaning as each has in the Timeshare Act, chapter 64.36 RCW, unless otherwise clearly provided in these rules, or the context in which they are used in these rules clearly indicates that they be given some other meaning.

(2) "Agency" means the department of licensing in the state of Washington.

(3) "Timeshare project" means all the properties located at a specific resort location whether or not subject to resort or condominium regimes documents, which properties are subject to a particular set of timeshare instruments.

(4) "Timeshare property" means all the properties subject to a particular timeshare program established by a particular set of timeshare instruments.

(5) "Timeshare program" means the rights and obligations of the timeshare owners, methods, procedures and rules for occupying, using and managing the timeshared property, as established by a particular set of timeshare instruments.

(6) "Resale timeshare interval" means a timeshare interval offered or sold which is not the original offer, transfer, or sale of such interval to the general public and not a forfeited timeshare sale being reoffered by a promoter, lender, or affiliate.

(7) "Start up timeshare interval" means a timeshare interval that is being offered or sold to the general public for the first time or a forfeited timeshare purchase being resold by a promoter, lender, or affiliate.

(8) "Advance fee" means consideration of any description, collected for any purpose from buyers or sellers of resale timeshare intervals prior to the time of transacting a purchase or sale of a timeshare resale.

(9) "Prospective purchaser" means any person attending a sales presentation of any description or touring a timeshare property in response to an advertisement placed by any person, including lenders to whom a start up timeshare purchaser contract is pledged, hypothecated, or conveyed for security purposes.

(10) "Consolidation" means any adding of intervals, real estate, or units of timeshared personal property to a program. Consolidations shall not be construed as amendments to the registration for purposes of determining fees under these rules.

(11) "Amendment" means an amendment of a registration or a public offering statement pursuant to WAC 308-127-040.

(12) "Limited timeshare offering" means a timeshare interval or timeshare intervals offered or sold in which:

(a) None of the owners of interests are owners for the purpose of making a profit from renting, exchanging, or selling the timeshare interests; and none do in fact make a profit from such activities during a three-year term subsequent to establishment of the program; and

(b) The establishment of the timeshare program is not for the purpose of making a profit on behalf of any person; and

(c) All co-owners had personal knowledge of each other prior to the establishment of the program and there is no solicitation of co-owners by means of advertising in public media.

(13) "Public offering statement" means the disclosure document referred to in the Timeshare Act.

History

Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-035, filed 3/14/90, effective 4/14/90.

Wash. Admin. Code § 308-127-040 Materially adverse change.

(1) A materially adverse change means any change in the condition of a promoter or its affiliates which causes or might cause loss or risk of loss to the interests of the timeshare purchasers or prospective purchasers.

A materially adverse change occurs under circumstances which include, but are not limited to, the following:

(a) Any bulk sale of all or a significant portion of the timeshare properties;

(b) Any actual or threatened bankruptcy, receivership, or similar proceeding involving the promoter or its affiliates;

(c) Any lien, encumbrance, or similar circumstance which threatens to affect, or does affect, any of the timeshare properties;

(d) Any sale, lease, substitution of, or addition to the inventory of the timeshare properties by the promoter or its affiliates;

(e) Any amendment or change in the timeshare instruments or the timeshare program;

(f) Any change in the affiliation of the promoter or the association with a timeshare exchange company;

(g) Any change in the promoter's or an affiliate's plan of promotion;

(h) Any change in the status of an escrow, trust, bond, letter of credit, impound or other protective device, being utilized in the timeshare program for purposes of purchaser protection;

(i) Any criminal prosecution, civil lawsuit, or administrative proceeding in which the promoter or its affiliates are parties;

(j) Sell-out of the number of intervals registered to be sold to persons residing in the state of Washington;

(k) Any change in the financial status of the promoter or its affiliates that might adversely affect their ability to pay the timeshare expenses, including reserve accounts, during marketing of the timeshares.

(2) Materially adverse changes shall be reported to the agency for purposes of amending or renewing the registration and the public offering statement at the time they are known or proposed by the promoter or its affiliates. Failure to report such changes within 20 days shall result in the assessing of a $500.00 late fee and shall be cause for suspension, revocation, or denial of a registration.

History

Statutory Authority: RCW 64.36.270 and 43.24.023. WSR 20-06-036, § 308-127-040, filed 2/27/20, effective 3/29/20. Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-040, filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22 § 26. WSR 83-24-057 (Order 733 DOL), § 308-127-040, filed 12/6/83.

Wash. Admin. Code § 308-127-105 Exemptions from registration.

(1) Provided that the conditions stated are met, the director may exempt from registration limited timeshare offerings:

(a) The offering contains fewer than four owners or timeshare intervals for at least three years after its establishment; and

(b) There is no soliciting of purchasers in the timeshare program from among the general public; and

(c) There appears to be neither hazard to the public or owners nor violation of the nonregistration provisions of the statute; and

(d) The co-owners of the timeshare program provide the agency with advance notice of their intent to establish a limited timeshare offering. Such notice may be given on a form for this purpose provided by the agency, or otherwise, which shall include the names and addresses of all co-owners of the timeshare program and properties, the identity and location of the timeshare properties, and a description of the timeshare program, including a copy of all agreements and forms that financially commit the owners to the program.

(2) Resales, by an owner, on the owner's own account, shall be exempt from registration provided that any such offering or selling is noncommercial in nature. "Noncommercial" shall mean that the owner of the resale intervals is not in the business of offering or selling timeshare intervals and such offering or selling is only incidental to any profession, occupation, or business of the owner.

(3) Offering resale timeshares for another person's account, by a licensed broker or salesperson under chapter 18.85 RCW, shall be exempt from registration under the Timeshare Act, provided that:

(a) The broker shall act solely in a brokerage capacity; and

(b) The broker shall provide prospective purchasers with information about the timeshares, as required in the Timeshare Act; and

(d) The broker shall not be in a business of marketing as a clearing house for the primary purpose offering or selling timeshares.

History

Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-105, filed 3/14/90, effective 4/14/90.

Wash. Admin. Code § 308-127-110 Disclosure documents—Projects already registered in foreign jurisdictions.

(1) Whenever a timeshare project is sited in a foreign jurisdiction and there has been a prior registration in that jurisdiction under an enactment specifically addressing the regulation of timeshares, the director may accept in whole or in part the disclosure statement of such foreign jurisdiction for purposes of satisfying the disclosure requirements of the Timeshare Act.

(2) Promoters who wish to utilize a disclosure document accepted by a foreign jurisdiction shall forward a copy of the disclosure document to the agency along with the state of Washington registration forms, documents and filing fee ordinarily required of promoters.

(3) If a foreign jurisdiction's disclosure document is incorporated by reference into the state of Washington public offering statement, the state of Washington registration is deficient and void at the moment the registration in the foreign jurisdiction expires, or, if for any reason, the disclosure statement in that jurisdiction is or becomes deficient.

History

Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-110, filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22 §§ 7 and 26. WSR 83-24-057 (Order 733 DOL), § 308-127-110, filed 12/6/83.

Wash. Admin. Code § 308-127-120 Financial information requirements.

The agency may require that the financial statements provided for in the Timeshare Act, be prepared and audited by an independent certified public accountant, in a manner which complies with the standards and guidelines established by the American Institute of Certified Public Accountants, under circumstances which include but are not limited to the following:

(1) For promoters of projects where accommodations or facilities are not completed at the time of the taking of a binding purchaser commitment and review of such statements will assist the agency in determining the promoter's ability to perform; or

(2) For promoters of right-to-use projects where a review of such statements will assist the agency in determining the ability of the promoter to provide continued future quiet enjoyment of the timeshare; or

(3) For promoters of projects where the promoter's payment of project expenses and servicing of reserve accounts cannot be assured by means other than reliance upon the promoter's own ability to pay such obligations from the promoter's existing assets.

History

Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-120, filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22 § 26. WSR 83-24-057 (Order 733 DOL), § 308-127-120, filed 12/6/83.

Wash. Admin. Code § 308-127-130 Disclosure of number of intervals to be sold to persons residing in the state of Washington.

The public offering statement shall declare the total number of intervals available to be sold to persons residing within the state of Washington.

History

Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-130, filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22 § 26. WSR 83-24-057 (Order 733 DOL), § 308-127-130, filed 12/6/83.

Wash. Admin. Code § 308-127-140 Expiration and renewal of timeshare offering registration.

A timeshare offering registration shall expire one year from the date of approval for registration, or at the time the promoter sells the total number of intervals registered as available to be sold to persons residing in the state of Washington, whichever event occurs first. To continue offering the timeshare project in this state, a promoter shall file for renewal of its timeshare offering registration no later than thirty days prior to expiration of the registration. Failure to renew within six months after the renewal date shall result in the termination of the registration and all fees for an original application for registration shall apply.

History

Statutory Authority: RCW 64.36.270, 43.24.023. WSR 04-08-003, § 308-127-140, filed 3/24/04, effective 4/24/04. Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-140, filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22 §§ 6 and 26. WSR 83-24-057 (Order 733 DOL), § 308-127-140, filed 12/6/83.

Wash. Admin. Code § 308-127-160 Fees.

The following fees shall be charged under the authority of RCW 64.36.081 and 43.24.086:

| (1) | Registration application fees: | | | | --- | --- | --- | --- | | | | Start up timeshare program including one project. | $1,040.00 | | | | Each additional project in program. | 200.00 | | | | Each apartment unit in program. | 10.00 | | | | The first unit of personal property in the timeshare program. | 500.00 | | | | Each additional unit of personal property in the timeshare program. | 100.00 | | | | Businesses of listing or brokering resale intervals. | 500.00 | | (2) | Interval Fees: | | | | | | For each interval through one thousand. | 1.00 | | | | Intervals beyond one thousand. | 0.00 | | | | Each monthly filing of listings of resale intervals (in lieu of interval fees for resale intervals). | 10.00 | | (3) | Renewal fees: | | | | | | Timeshare program including one project. | 540.00 | | | | Late renewal fee for timeshare program. | 2000.00 | | | | Each additional project to a maximum of five projects. | 200.00 | | | | Each apartment unit - to maximum of twenty-five apartment units. | 10.00 | | (4) | Consolidation fees: | | | | | | Each additional project added. | 200.00 | | | | Each additional apartment unit. | 10.00 | | | | The first additional unit of personal property being consolidated. | 250.00 | | | | Each additional unit of personal property added in one consolidation. | 100.00 | | (5) | Exemption fees: | | | | | | Programs consisting of a single apartment unit in a single project with fifty-two or fewer intervals. | 250.00 | | | | All other types of programs. | 1000.00 | | (6) | Impound fees: | | | | | | Initial establishment of an impound, escrow, trust, or other arrangement requiring a depositary. | 500.00 | | | | Each required periodic report. | 50.00 | | (7) | Advertising fees: | | | | | | Each initial submission of advertisement whether or not submitted in a timely manner, and whether or not in use at the time of payment. | 25.00 | | | | Examination of advertisement which are for the purpose of marketing surveys and not involving an examination of project or program instruments. | 150.00 | | (8) | Fees for persons in the business of offering commercial promotional programs: | | | | | | Registration of individual. | 500.00 | | (9) | Salespersons fees: | | | | | | Initial application, including first timeshare company association. | 35.00 | | | | Each timeshare company association after the first. | 35.00 | | | | Renewal. | 35.00 per timeshare company association | | (10) | Fees for amendment of registration: | | | | | | For a timely submission of an amendment filing. | 25.00 | | | | Late fee for failure to file an amendment within twenty days of the occurrence of a materially adverse change. | 500.00 | | (11) | Inspection fees: | | | | | | Applicants and registrants shall pay the cost of inspections conducted pursuant to chapter 64.36 RCW. The inspection fees shall be paid prior to the granting of a registration or consolidation. The inspection fee shall be the actual cost to the department for conducting of the inspection. | |

History

Statutory Authority: RCW 43.24.086 and 46.01.110. WSR 23-10-029, § 308-127-160, filed 4/27/23, effective 5/30/23. Statutory Authority: RCW 64.36.270 and 43.24.023. WSR 20-06-036, § 308-127-160, filed 2/27/20, effective 3/29/20. Statutory Authority: RCW 64.36.081, 43.24.023, 43.24.086. WSR 04-19-040, § 308-127-160, filed 9/13/04, effective 11/1/04. Statutory Authority: RCW 64.36.270, 43.24.023. WSR 04-12-028, § 308-127-160, filed 5/26/04, effective 7/1/04
WSR 04-08-003, § 308-127-160, filed 3/24/04, effective 4/24/04. Statutory Authority: RCW 64.36.081 and 43.24.086. WSR 02-15-169, § 308-127-160, filed 7/23/02, effective 1/1/03. Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-160, filed 3/14/90, effective 4/14/90.

Wash. Admin. Code § 308-127-200 Activities requiring registration as a timeshare salesperson.

(1) An individual acts as a timeshare salesperson whenever the individual induces, solicits, or attempts to encourage a person to acquire a timeshare; or the individual is responsible for causing an advertiser to publicize a timeshare offer.

(2) Unless exempted under the Timeshare Act, or these rules, a timeshare salesperson shall be registered in the state of Washington whenever one of the following apply:

(a) The timeshare salesperson offers a timeshare for sale from a timeshare project in which the principal property of the program is located in this state; or

(b) The timeshare salesperson offers a timeshare for sale from a timeshare project in which the principal property of the program is located outside of this state, and

(i) The offer is made in or from this state, or

(ii) The person receiving the offer is located in this state at the time the offer is received.

History

Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-200, filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22 § 26. WSR 83-24-057 (Order 733 DOL), § 308-127-200, filed 12/6/83.

Wash. Admin. Code § 308-127-210 Relationship of timeshare promoters and salespersons and real estate brokers and salespersons.

(1) An active timeshare salesperson registration shall be associated with one or more timeshare promoters who have one or more timeshare offerings registered in this state. The promoter shall have full responsibility for all activities of the promoter's timeshare salesperson which relate to offering timeshares for sale.

(2) An active real estate broker or salesperson may act as the brokerage agent of one or more timeshare promoters without registering as a timeshare salesperson. However, this exemption from registration as a timeshare salesperson applies only when the exempted person is performing real estate brokerage in compliance with chapter 18.85 RCW. Further, this exemption only pertains to the timeshare salesperson registration requirement. All other provisions of the Timeshare Act apply to real estate brokers and salespersons offering timeshares for sale.

(3) A natural person may be registered as a timeshare salesperson while licensed as a real estate broker or salesperson. However, the salesperson shall conduct timeshare activities and maintain associated business records separate and apart from their real estate broker or salesperson activities and records. The term "separate and apart" shall not preclude location of timeshare salesperson and real estate brokerage activities at the same office.

(4) Any individual who is registered as a timeshare salesperson and licensed as a real estate broker or salesperson shall disclose in writing to the recipient of a timeshare sales offer whether they are acting as the timeshare salesperson of a promoter or a real estate broker or salesperson at the time they present the public offering statement.

History

Statutory Authority: RCW 18.235.030, 19.31.070, 19.105.530, 42.45.250, 64.36.270, chapters 19.31, 19.105, 42.45, and 64.36 RCW. WSR 26-04-128, s 308-127-210, filed 2/4/26, effective 3/7/26. Statutory Authority: RCW 64.36.270 and 43.24.023. WSR 20-06-036, § 308-127-210, filed 2/27/20, effective 3/29/20. Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-210, filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22 § 26. WSR 83-24-057 (Order 733 DOL), § 308-127-210, filed 12/6/83.

Wash. Admin. Code § 308-127-225 Original application, renewal, inactivity, and fees for a timeshare salesperson registration.

(1) An individual shall apply for registration as a timeshare salesperson on a form prescribed by the agency. The registration application for a timeshare salesperson shall identify the specific promoter responsible for the business activities of the salesperson and shall be valid for a period of one year.

(2) When a timeshare salesperson ceases to be employed by a timeshare promoter, the salesperson's registration shall be set to an inactive status. Written notice of this cessation shall be given by the promoter to the department. An individual with an inactive timeshare salesperson license who desires to work for the same or another promoter shall register a new association with the department before engaging in further timeshare sales activities.

(3) An individual may renew their timeshare salesperson registration for one year if the agency receives the individual's request and renewal fee on or before the expiration of the individual's existing registration. The effective date of the renewal shall be the anniversary date of the previous registration. If the registration is not renewed before the expiration date reregistration is required before timeshare sales activity may be continued.

(4) An application for registration or a renewal of registration is not complete unless it is accompanied by the proper fee. Payment of the fee with a check which is subsequently dishonored is a deficient application. Upon notification to the promoter by the agency, the promoter shall cease employment of the applicant as a timeshare salesperson.

History

Statutory Authority: RCW 18.235.030, 19.31.070, 19.105.530, 42.45.250, 64.36.270, chapters 19.31, 19.105, 42.45, and 64.36 RCW. WSR 26-04-128, s 308-127-225, filed 2/4/26, effective 3/7/26. Statutory Authority: RCW 64.36.270 and 43.24.023. WSR 20-06-036, § 308-127-225, filed 2/27/20, effective 3/29/20
WSR 04-08-003, § 308-127-225, filed 3/24/04, effective 4/24/04. Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-225, filed 3/14/90, effective 4/14/90.

Wash. Admin. Code § 308-127-300 Impoundment.

(1) The agency may require impoundment authorized in the Timeshare Act, under circumstances which include, but are not limited to, the following:

(a) The registration of any cooperative or right-to-use project whenever adequate assurances of continued quiet enjoyment cannot be provided by means of bonds, escrows, trusts, or other devices; or

(b) The registration of any form of timeshare project whenever the timeshare properties and other facilities promised are not yet constructed or otherwise available, and where completion of construction or delivery of accommodations and facilities cannot be assured by bonds, escrows, trusts, or other devices; or

(c) The registration of persons in the business of listing or brokering resale timeshare intervals whenever any advance fees or funds of any description are to be collected from buyers or sellers of resale timeshare intervals prior to the time of transacting a purchase or sale of a timeshare interval; or

(d) The registration of persons in the business of offering commercial promotional programs whenever any advance fees or funds of any description are to be collected from persons in advance, in connection with delivery by the promisor of gifts, prizes, awards, or any other item of value.

(2) Funds subject to impoundment shall be placed in a separate and independent trust account with a bank or depository institution acceptable to the director. A written consent of the depository to act in such capacity shall be filed with the director.

(3) The director will authorize the depository to release to the promoter or an affiliate when appropriate, such amounts of the impounded funds applicable to a specified purpose such as, payment of selling costs or timeshare expenses, purchase of property, or the construction of an improvement, upon a showing that the promoter can satisfy its obligations under the purchaser contracts to furnish purchasers the accommodations, facilities and services promised, or if for other reasons the impoundment is no longer required for the protection of purchasers. A request to authorize the release of the impounded funds to the promoter or an affiliate shall contain the following:

(a) A statement of the promoter, or affiliate where appropriate, that all required proceeds from the sale of timeshares have been placed with the depository in accordance with the terms and conditions of the impoundment agreement;

(b) A statement of the depository signed by an appropriate officer setting forth the aggregate amount of funds placed with the depository, and any interest earned by these funds;

(d) Such other information as the director may request in a particular case.

History

Statutory Authority: RCW 43.24.086. WSR 90-07-023, § 308-127-300, filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22 §§ 13 and 26. WSR 83-24-057 (Order 733 DOL), § 308-127-300, filed 12/6/83.

Chapter 308-129 Sellers of travel.

Wash. Admin. Code § 308-129-010 Organization.

The sellers of travel program of the department of licensing administers the Washington Sellers of Travel Registration Act, chapter 19.138 RCW. Information regarding sellers of travel registrations or the sellers of travel program may be obtained by writing to the Program Manager, Sellers of Travel Program, Department of Licensing, P.O. Box 9045, Olympia, Washington 98507.

History

Statutory Authority: Chapter 19.138 RCW. WSR 96-14-092, § 308-129-010, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 308-129-020 Definitions.

(1) "Registration number" means the unified business identifier number (UBI) assigned to the registered seller of travel.

(2) "Main office" means the first registered business location for a seller of travel.

(3) "Branch office" means each additional business location for a seller of travel after the first location has been registered.

(4) "Other approved account" means (a) bank administered account; (b) account pursuant to other state law; (c) checking account; (d) savings account; (e) an account individually approved of by the department.

History

Statutory Authority: Chapter 19.138 RCW. WSR 96-14-092, § 308-129-020, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 308-129-030 Registration.

Registration as a seller of travel will be accomplished through the master license system under chapter 19.02 RCW. The fees established by or under chapter 19.138 RCW for registering as a seller of travel shall be paid to the department of licensing concurrently with an application for a master license or with the annual renewal of a master license under chapter 19.02 RCW.

A corporation, limited liability company, limited liability partnership, or a limited partnership, based in the state of Washington, must first be registered with the office of the secretary of state before registering as a seller of travel.

History

Statutory Authority: Chapter 19.138 RCW. WSR 96-14-092, § 308-129-030, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 308-129-100 Applications—Conditions.

Any person desiring to be registered as a seller of travel shall submit with the application form:

(1) A copy of any criminal conviction, including a guilty plea, within the last ten years, or any conviction that resulted in the applicant having to register as a sex offender regardless of whether the conviction is over ten years old.

(2) A copy of any civil or administrative judgment or order involving dishonesty, fraud, or violation of any act designed to protect consumers that names the applicant as a party.

(3) In lieu of the CPA/LPA/bank officer report required by RCW 19.138.110(5), an applicant may submit an affidavit or declaration signed under penalty of perjury setting out the information required by RCW 19.138.110(5).

(4) Applicants who certify under penalty of perjury that they do not hold for more than five business days any nonexempt funds received from any person or entity for retail travel services shall not be required to report or maintain a trust account or other approved account under RCW 19.138.110(5).

(5) A seller of travel applying to be licensed under chapter 19.138 RCW may submit a surety bond as described in RCW 19.138.140 (7)(a)(i) or other instrument approved by the department as described in RCW 19.138.140 (7)(a)(iv). The amount of the surety bond or other approved instrument shall be based upon the prior year's annual gross income of business conducted as outlined in the following scale:

| Annual Gross Income of Business Conducted: | Amount of Surety Bond or other instrument approved by the department: | | --- | --- | | $199,999 and under | $10,000 | | $200,000 through $499,999 | $20,000 | | $500,000 through $749,999 | $30,000 | | $750,000 through $999,999 | $40,000 | | $1,000,000 and above | $50,000 |

(6) Sellers of travel companies upon application and renewal shall attest to their gross annual income of business conducted on a form provided by the department.

History

Statutory Authority: RCW 19.138.170 and 43.24.023. WSR 03-03-055, § 308-129-100, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.138.170(1). WSR 00-11-047, § 308-129-100, filed 5/12/00, effective 6/12/00. Statutory Authority: Chapter 19.138 RCW. WSR 96-14-092, § 308-129-100, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 308-129-110 Seller of travel registration fees.

The following fees shall be charged by the business and professions division of the department of licensing:

| Title of Fee | Fee | | --- | --- | | Original registration fee | $222.00 | | Registration renewal | 222.00 | | Service of process fee | 20.00 |

Branch offices are subject to a duplicate registration fee. The duplicate registration fee for each branch office shall be an amount equal to the original registration fee.

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-129-110, filed 10/21/22, effective 11/22/22. Statutory Authority: RCW 19.138.170 and 43.24.086. WSR 07-16-036, § 308-129-110, filed 7/23/07, effective 9/1/07. Statutory Authority: RCW 19.138.170, 43.24.023, 43.24.086. WSR 04-19-039, § 308-129-110, filed 9/13/04, effective 11/1/04. Statutory Authority: RCW 19.138.170, 43.24.023. WSR 04-12-027, § 308-129-110, filed 5/26/04, effective 7/1/04. Statutory Authority: RCW 19.138.170(1). WSR 00-01-128, § 308-129-110, filed 12/20/99, effective 1/20/00. Statutory Authority: Chapter 19.138 RCW. WSR 96-14-092, § 308-129-110, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 308-129-120 Dishonored checks.

Payment of any fee required under chapter 19.138 or 19.02 RCW by a check which is dishonored shall be considered a nonpayment and the registration action for which the dishonored check was tendered shall be considered invalid by the department.

History

Statutory Authority: Chapter 19.138 RCW. WSR 96-14-092, § 308-129-120, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 308-129-130 Expiration and renewal of registrations.

Registrations issued to sellers of travel shall expire concurrently with the master license expiration date. Registrations and fees will be prorated as necessary to match the master license expiration date. Registrations must be renewed each year on or before the expiration date and renewal registration fees as prescribed in WAC 308-129-110 and chapter 19.02 RCW shall be paid. Acceptance by the director of an application for renewal after the renewal date shall not be a waiver of the master licensing service delinquency.

History

Statutory Authority: Chapter 19.138 RCW. WSR 96-14-092, § 308-129-130, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 308-129-300 Required records.

The minimum records a seller of travel shall be required to keep are:

(1) Bank trust account or other approved account records (unless exempt);

(2) Client account information, which includes the client's name, amount and date payment was received and disbursed;

(3) Unless a different period is specified by statute or rule, the required records shall be maintained and available for inspection by representatives of the department for a period of two years after completion of the travel.

History

Statutory Authority: Chapter 19.138 RCW. WSR 96-14-092, § 308-129-300, filed 7/2/96, effective 8/2/96.

Wash. Admin. Code § 308-129-310 Administration of nonexempt funds and records procedure.

Any seller of travel shall distribute nonexempt funds as authorized by statute and these regulations:

(1) The trust account or other approved account shall be in the firm name of the seller of travel as registered;

(2) All disbursements from the trust account or other approved account shall be identified to a specific transaction

(3) If the financial institution charges service fees, the seller of travel shall reimburse the trust account or other approved account within 10 banking days after receipt of the monthly statement.

History

Statutory Authority: Chapter 19.138 RCW. WSR 96-14-092, § 308-129-310, filed 7/2/96, effective 8/2/96.

Chapter 308-200A Department of licensing environmental regulations.

Wash. Admin. Code § 308-200A-010 Authority.

These rules are promulgated under RCW 43.21C.120 (the State Environmental Policy Act) and chapter 197-11 WAC (SEPA rules).

History

Statutory Authority: RCW 43.21C.120. WSR 10-21-087, § 308-200A-010, filed 10/20/10, effective 11/20/10
WSR 78-09-002 (Order 500-DOL), § 308-200A-010, filed 8/3/78. Formerly WAC 308-200-010.

Wash. Admin. Code § 308-200A-020 Purpose.

This chapter implements the statewide rules in chapter 197-11 WAC as they apply to the department of licensing.

History

Statutory Authority: RCW 43.21C.120. WSR 10-21-087, § 308-200A-020, filed 10/20/10, effective 11/20/10
WSR 78-09-002 (Order 500-DOL), § 308-200A-020, filed 8/3/78. Formerly WAC 308-200-020.

Wash. Admin. Code § 308-200A-022 Adoption by reference.

The department of licensing adopts the following sections of chapter 197-11 WAC by reference.

| 197-11-040 | Definitions. | | --- | --- | | 197-11-050 | Lead agency. | | 197-11-055 | Timing of the SEPA process. | | 197-11-060 | Content of environmental review. | | 197-11-070 | Limitations on actions during SEPA process. | | 197-11-080 | Incomplete or unavailable information. | | 197-11-090 | Supporting documents. | | 197-11-100 | Information required of applicants. | | 197-11-300 | Purpose of this part. | | 197-11-305 | Categorical exemptions. | | 197-11-310 | Threshold determination required. | | 197-11-315 | Environmental checklist. | | 197-11-330 | Threshold determination process. | | 197-11-335 | Additional information. | | 197-11-340 | Determination of nonsignificance (DNS). | | 197-11-350 | Mitigated DNS. | | 197-11-360 | Determination of significance (DS)/initiation of scoping. | | 197-11-390 | Effect of threshold determination. | | 197-11-400 | Purpose of EIS. | | 197-11-402 | General requirements. | | 197-11-405 | EIS types. | | 197-11-406 | EIS timing. | | 197-11-408 | Scoping. | | 197-11-410 | Expanded scoping. (Optional) | | 197-11-420 | EIS preparation. | | 197-11-425 | Style and size. | | 197-11-430 | Format. | | 197-11-435 | Cover letter or memo. | | 197-11-440 | EIS contents. | | 197-11-442 | Contents of EIS on nonproject proposals. | | 197-11-443 | EIS contents when prior nonproject EIS. | | 197-11-444 | Elements of the environment. | | 197-11-448 | Relationship of EIS to other considerations. | | 197-11-450 | Cost-benefit analysis. | | 197-11-455 | Issuance of DEIS. | | 197-11-460 | Issuance of FEIS. | | 197-11-500 | Purpose of this part. | | 197-11-502 | Inviting comment. | | 197-11-504 | Availability and cost of environmental documents. | | 197-11-508 | SEPA register. | | 197-11-535 | Public hearings and meetings. | | 197-11-545 | Effect of no comment. | | 197-11-550 | Specificity of comments. | | 197-11-560 | FEIS response to comments. | | 197-11-570 | Consulted agency costs to assist lead agency. | | 197-11-600 | When to use existing environmental documents. | | 197-11-610 | Use of NEPA documents. | | 197-11-620 | Supplemental environmental impact statement—Procedures. | | 197-11-625 | Addenda—Procedures. | | 197-11-630 | Adoption—Procedures. | | 197-11-635 | Incorporation by reference—Procedures. | | 197-11-640 | Combining documents. | | 197-11-650 | Purpose of this part. | | 197-11-655 | Implementation. | | 197-11-660 | Substantive authority and mitigation. | | 197-11-680 | Appeals. | | 197-11-700 | Definitions. | | 197-11-702 | Act. | | 197-11-704 | Action. | | 197-11-706 | Addendum. | | 197-11-708 | Adoption. | | 197-11-710 | Affected tribe. | | 197-11-712 | Affecting. | | 197-11-714 | Agency. | | 197-11-716 | Applicant. | | 197-11-718 | Built environment. | | 197-11-720 | Categorical exemption. | | 197-11-722 | Consolidated appeal. | | 197-11-724 | Consulted agency. | | 197-11-726 | Cost-benefit analysis. | | 197-11-728 | County/city. | | 197-11-730 | Decision maker. | | 197-11-732 | Department. | | 197-11-734 | Determination of nonsignificance (DNS). | | 197-11-736 | Determination of significance (DS). | | 197-11-738 | EIS. | | 197-11-740 | Environment. | | 197-11-742 | Environmental checklist. | | 197-11-744 | Environmental document. | | 197-11-746 | Environmental review. | | 197-11-748 | Environmentally sensitive area. | | 197-11-750 | Expanded scoping. | | 197-11-752 | Impacts. | | 197-11-754 | Incorporation by reference. | | 197-11-756 | Lands covered by water. | | 197-11-758 | Lead agency. | | 197-11-760 | License. | | 197-11-762 | Local agency. | | 197-11-764 | Major action. | | 197-11-766 | Mitigated DNS. | | 197-11-768 | Mitigation. | | 197-11-770 | Natural environment. | | 197-11-772 | NEPA. | | 197-11-774 | Nonproject. | | 197-11-776 | Phased review. | | 197-11-778 | Preparation. | | 197-11-780 | Private project. | | 197-11-782 | Probable. | | 197-11-784 | Proposal. | | 197-11-786 | Reasonable alternative. | | 197-11-788 | Responsible official. | | 197-11-790 | SEPA. | | 197-11-792 | Scope. | | 197-11-793 | Scoping. | | 197-11-794 | Significant. | | 197-11-796 | State agency. | | 197-11-797 | Threshold determination. | | 197-11-799 | Underlying governmental action. | | 197-11-800 | Categorical exemptions. | | 197-11-810 | Exemptions and nonexemptions applicable to specific state agencies. | | 197-11-855 | Department of ecology. | | 197-11-880 | Emergencies. | | 197-11-890 | Petitioning DOE to change exemptions. | | 197-11-900 | Purpose of this part. | | 197-11-908 | Critical areas. | | 197-11-912 | Procedures of consulted agencies. | | 197-11-916 | Application to ongoing actions. | | 197-11-917 | Relationship to chapter 197-10 WAC. | | 197-11-920 | Agencies with environmental expertise. | | 197-11-922 | Lead agency rules. | | 197-11-924 | Determining the lead agency. | | 197-11-926 | Lead agency for governmental proposals. | | 197-11-928 | Lead agency for public and private proposals. | | 197-11-930 | Lead agency for private projects with one agency with jurisdiction. | | 197-11-932 | Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. | | 197-11-934 | Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. | | 197-11-936 | Lead agency for private projects requiring licenses from more than one state agency. | | 197-11-938 | Lead agencies for specific proposals. | | 197-11-940 | Transfer of lead agency status to a state agency. | | 197-11-942 | Agreements on lead agency status. | | 197-11-944 | Agreements on division of lead agency duties. | | 197-11-946 | DOE resolution of lead agency disputes. | | 197-11-948 | Assumption of lead agency status. | | 197-11-960 | Environmental checklist. | | 197-11-965 | Adoption notice. | | 197-11-970 | Determination of nonsignificance (DNS). | | 197-11-980 | Determination of significance and scoping notice (DS). | | 197-11-985 | Notice of assumption of lead agency status. | | 197-11-990 | Notice of action. |

History

Statutory Authority: RCW 43.21C.120. WSR 10-21-087, § 308-200A-022, filed 10/20/10, effective 11/20/10.

Chapter 308-312 Whitewater river outfitters.

Wash. Admin. Code § 308-312-010 Definitions.

The following definitions apply to use of these terms in this chapter.

(1) "Business location" means a business office of a whitewater river outfitter. This is a fixed location where business may be conducted with the public and that must post a master license showing "tax registration." It does not mean where river trips take place.

(2) "Master application" means the combined license application form and any addenda provided by the master license service.

(3) "Master license" means the combined license document issued by the master license service.

(4) "Master license service" means the office within the department of licensing operating the master license program, and handling the whitewater river outfitter license.

(5) "Outfitter" means the same as whitewater river outfitter.

(6) "Proof of liability insurance" means the certificate of insurance or other written proof supplied by an insurance provider. The proof lists and guarantees the type and amount of insurance coverage provided and the period of time the coverage is in force.

History

Statutory Authority: RCW 88.12.276 and 1997 c 391 § 9. WSR 98-03-055, § 308-312-010, filed 1/16/98, effective 2/16/98.

Wash. Admin. Code § 308-312-020 Whitewater river outfitter license administration office.

The master license service of the department of licensing handles the whitewater river outfitter license. The office is located at 405 Black Lake Blvd. S.W., Olympia, Washington. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding state holidays. The office can be contacted by mail or phone at:

| Department of Licensing Master License Service Post Office Box 9034 Olympia WA 98507-9034 | (360) 664-1400 fax (360) 753-9668 TDD (360) 586-2788 | | --- | --- |

History

Statutory Authority: RCW 88.12.276 and 1997 c 391 § 9. WSR 98-03-055, § 308-312-020, filed 1/16/98, effective 2/16/98.

Wash. Admin. Code § 308-312-030 Applying for a whitewater river outfitter license.

(1) To apply for a license a person must request and file a master application with the master license service. The completed master application must include the information, proof of insurance and certifications listed in RCW 88.12.275 and the fee listed in WAC 308-312-060.

(2) A master license with "whitewater river outfitter" printed on it will be issued after the application has been reviewed and approved. The license application will not be approved and no license will be issued if all the requirements are not met.

(3) Each business location where whitewater river outfitter business is conducted must be licensed even if owned by the same business owner. A separate application must be completed and filed for each business location. Each business location will receive its own master license.

History

Statutory Authority: RCW 88.12.276 and 1997 c 391 § 9. WSR 98-03-055, § 308-312-030, filed 1/16/98, effective 2/16/98.

Wash. Admin. Code § 308-312-040 Renewing a whitewater river outfitter license.

(1) The whitewater river outfitter license must be renewed each year by the expiration date. The master license does not allow conducting business as a whitewater river outfitter after the expiration date shown on the license. A renewal must be filed for each business location.

(2) The master license service will mail a renewal notice to each business location at least 30 days before the license expiration date. The licensee must submit the completed renewal application by the expiration date or the late renewal fee listed in RCW 19.02.085 may be charged.

(3) The completed renewal application must include the information and certifications listed in RCW 88.12.275, and the fee listed in WAC 308-312-060. The whitewater river outfitter license will not be renewed if all the requirements are not met.

(4) If a license renewal has not been filed by at least 4 months after the expiration date the license will be considered to have been abandoned and the license status will be terminated. A licensee whose outfitter license has been terminated because of nonrenewal must file a new application as described in WAC 308-312-030 in order to conduct business as a whitewater river outfitter.

History

Statutory Authority: RCW 88.12.276 and 1997 c 391 § 9. WSR 98-03-055, § 308-312-040, filed 1/16/98, effective 2/16/98.

Wash. Admin. Code § 308-312-050 Proof of liability insurance.

(1) Applicants and licensees must provide proof of having liability insurance coverage to the master license service. The proof of insurance must show the applicant or licensee as the insured, and list the master license service as the certificate holder to be notified of changes. Changes to be reported include cancellation, termination, nonrenewal, and renewal of a policy. Cancellation, termination, or nonrenewal of a policy must be reported to the master license service at least 30 days before the effective date.

(2) The liability insurance policy may cover outfitter business activities at all locations within the state of Washington. A separate copy of the proof of current liability insurance must accompany each new application for a whitewater river outfitter license.

History

Statutory Authority: RCW 88.12.276 and 1997 c 391 § 9. WSR 98-03-055, § 308-312-050, filed 1/16/98, effective 2/16/98.

Wash. Admin. Code § 308-312-060 Fees.

(1) The following fees apply to the whitewater river outfitter license:

(a) New application, $35.00 per business location.

(b) Annual renewal, $35.00 per business location.

(2) New and renewal applications are charged the application handling fee listed in RCW 19.02.075.

Delinquent renewal applications may be charged the delinquency fee listed in RCW 19.02.085.

History

Statutory Authority: RCW 43.24.086. WSR 22-24-040, § 308-312-060, filed 11/30/22, effective 12/31/22. Statutory Authority: RCW 88.12.276 and 1997 c 391 § 9. WSR 98-03-055, § 308-312-060, filed 1/16/98, effective 2/16/98.

Wash. Admin. Code § 308-312-080 Appeals of license suspensions.

A whitewater river outfitter licensee may appeal a license suspension by submitting a written notice of appeal to the department of licensing. The notice of appeal must be received by the department of licensing within twenty days after the date the suspension is issued or the right to appeal is waived. If the notice is mailed the United States post office postmark date will be accepted as the date received by the department of licensing. The department of licensing will take action on the notice as directed by the Administrative Procedure Act found in chapter 34.05 RCW.

History

Statutory Authority: RCW 88.12.276 and 1997 c 391 § 9. WSR 98-03-055, § 308-312-080, filed 1/16/98, effective 2/16/98.

Wash. Admin. Code § 308-312-100 Proof of having a license.

Persons conducting a whitewater river trip must be able to show proof of operating with a valid outfitter license to law enforcement officials. Proof of having a license must be available at the site where vessels are put into the river, or at the site where vessels are taken out of the river. The proof of having a license is not required to be carried on vessels during a river trip. A photocopy of the original master license that was issued with "whitewater river outfitter" printed on it will be accepted as proof of having a license.

History

Statutory Authority: RCW 88.12.276 and 1997 c 391 § 9. WSR 98-03-055, § 308-312-100, filed 1/16/98, effective 2/16/98.

Chapter 308-320 Commercial telephone solicitation.

Wash. Admin. Code § 308-320-010 Authority and purpose.

These rules are adopted under the authority of chapter 20, Laws of 1989 and RCW 34.05.220 to establish standards for the registration of commercial telephone solicitors as defined by chapter 20, Laws of 1989.

History

Statutory Authority: 1989 c 20 and RCW 34.05.220. WSR 90-02-060, § 308-320-010, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 308-320-020 Applicable statute.

The regulations in this chapter shall be considered a supplement to and not a replacement for chapter 20, Laws of 1989 and do not apply to the provisions of RCW 80.36.390 and 80.36.400.

History

Statutory Authority: 1989 c 20 and RCW 34.05.220. WSR 90-02-060, § 308-320-020, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 308-320-030 Definitions.

As used in this regulation:

(1) "Business" means any person, sole proprietorship, partnership, corporation, or other concern which engages in commercial telephone solicitation.

(2) "Business location" means the premises where business is conducted.

(3) "Business location address" means the address of the geographic location where the business is conducted.

(4) "Business mailing address" means the address where mail deliveries are made for the business.

(5) "Campaign" means a method of marketing a product or service employing specific incentives, sales techniques, or presentations to prospective purchasers.

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

(7) "Manager" means the person in charge of business operations at a business location.

(8) "Nonrefundable fees" means fees which are not returned to an applicant after a registration is issued.

(9) "Nontransferable registration" means a registration that cannot be transferred to another person or business.

(10) "Ownership structure" means the manner in which a business is owned, such as sole proprietorship, partnership, or corporation.

(11) "Proratable fees" means fees that are calculated for a period of time less than twelve months.

(12) "Registration number" means the unified business identifier (UBI) number issued to a business by the state of Washington.

(13) "Solicitor" means a commercial telephone solicitor as defined in chapter 20, Laws of 1989.

(14) "Unified business identifier (UBI)" means a nine-digit number used to identify a business registered or licensed with one or more state agencies.

History

Statutory Authority: 1989 c 20 and RCW 34.05.220. WSR 90-02-060, § 308-320-030, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 308-320-040 Registration.

Any commercial telephone solicitor who wishes to engage in commercial telephone solicitation as defined by chapter 20, Laws of 1989 must register with the department by:

(1) Completing the following forms prescribed by the department:

(a) Master business application;

(b) Supplemental information form;

(c) Personal history form for each sole proprietor, partner, manager or the president, vice president, secretary and treasurer of each corporation; and

(2) Paying the registration fee established in WAC 308-320-060. A commercial telephone solicitor must receive notice of registration from the department prior to conducting business in the state of Washington. A commercial telephone solicitator registration is nontransferable.

History

Statutory Authority: 1989 c 20 and RCW 34.05.220. WSR 90-02-060, § 308-320-040, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 308-320-050 Registration fees.

The fee for any commercial telephone solicitor required to register in this state shall be $82 for each business location annually. The annual fee shall be proratable and nonrefundable.

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-320-050, filed 10/21/22, effective 11/22/22. Statutory Authority: 1989 c 20 and RCW 34.05.220. WSR 90-02-060, § 308-320-050, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 308-320-060 Annual renewal dates, forms, and fees.

Registration renewals must be made annually on the form and date required by the department. The fee for annual renewal shall be $82.

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-320-060, filed 10/21/22, effective 11/22/22. Statutory Authority: 1989 c 20 and RCW 34.05.220. WSR 90-02-060, § 308-320-060, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 308-320-070 Changes and fees.

Registrants shall inform the department of any changes in filed information when the change occurs.

(1) Changes in ownership or ownership structure or a change of more than 50 percent of the partners in a partnership requires submission of a new master business application, new supplemental information statement, new personal history statement(s), and a fee of $82 for each business location.

(2) Changes in business location requires a new master business application and a fee of $82.

(3) Changes in managers, general partners of a limited partnership, partners in a general partnership or the president, vice president, secretary or treasurer of a corporation requires completion of a personal history form for the new individual(s).

(4) Changes in the business mailing address or the location where business records are kept shall be made in writing.

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-320-070, filed 10/21/22, effective 11/22/22. Statutory Authority: 1989 c 20 and RCW 34.05.220. WSR 90-02-060, § 308-320-070, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 308-320-080 Business records.

A commercial telephone solicitor shall maintain records of each commercial solicitation campaign and shall inform the department of the location where the business records are kept. The following business records shall be kept for a period of two years after the campaign has been completed unless otherwise stated below.

(1) A list of the names, principal residence addresses, and dates of employment of salespersons who solicit on behalf of the commercial telephone solicitor and the name(s) the salesperson(s) uses while soliciting.

(2) A list and a description of the items the solicitor is offering for sale and the suppliers name, address, and telephone number.

(3) A copy of all sales scripts the solicitor requires salespersons to use when soliciting prospective purchasers, or if no sales script is required to be used, a statement to that effect.

(4) A copy of all sales training information and literature, including but not limited to, scripts, outlines, instructions, and information regarding how to conduct telephone sales, sample introductions, sample closings, product information, and contest or premium awards information provided by the solicitor to salespersons in writing or orally, and a copy of all written materials the solicitor sends to any prospective or actual purchaser.

(5) If the solicitor represents or implies, or directs salespersons to represent or imply to purchasers that the purchaser will receive certain specific items or certificates, whether the items or certificates are described as gifts, premiums, bonuses, prizes, or otherwise, the solicitor shall maintain a written record which includes:

(a) A list of the items offered.

(b) The value or worth of each item described to the prospective purchasers and the basis for the valuation.

(c) The price paid by the solicitor to the supplier for each of these items and the name, address and telephone number of each supplier.

(d) Paper documentation of all rules, regulations, terms, and conditions a prospective purchaser must meet in order to receive an item.

(6) If the purchaser is to receive fewer than all of the items described by the solicitor, the record shall include the following:

(a) The manner in which the solicitor decides which item or items a particular prospective purchaser is to receive.

(b) The odds a single prospective purchaser has of receiving each described item.

(c) The name and address of each recipient who has during the preceding twelve months, or as long as the solicitor has been in business if less than twelve months, received the item having:

(i) The greatest value; and

(ii) The item having the least odds of being received.

(7) A historical listing of all products sold by the solicitor clearly showing when the sale of each product was initiated and subsequently terminated.

(8) A list of the business telephone numbers at each location where telephone solicitation is taking place.

(9) The name of the manager or other person in charge at each location where telephone solicitation is taking place.

History

Statutory Authority: 1989 c 20 and RCW 34.05.220. WSR 90-02-060, § 308-320-080, filed 1/2/90, effective 2/2/90.

Wash. Admin. Code § 308-320-090 Director of the department of licensing as repository for notice of purchase cancellation.

In the event that the purchaser is unable to send the notice of cancellation to the seller, the purchaser may send a written notice of cancellation to the Director, Department of Licensing, Business License Services, 405 Black Lake Place, Olympia, WA 98504. When notices of cancellation are mailed to the department, the effective date shall be the postmark date stamped on the mailing envelope or metered stamp. When notices of cancellation are hand delivered, the effective date shall be upon receipt by the department.

The department shall not be the repository for undeliverable cancelled merchandise.

History

Statutory Authority: 1989 c 20 and RCW 34.05.220. WSR 90-02-060, § 308-320-090, filed 1/2/90, effective 2/2/90.

Chapter 308-330 Washington model traffic ordinance.

Wash. Admin. Code § 308-330-005 Purpose of this chapter.

The purpose of this chapter is to encourage highway safety and uniform traffic laws by authorizing the department of licensing to adopt a comprehensive compilation of sound, uniform traffic laws to serve as a guide which local authorities may adopt by reference or any part thereof, including all future amendments or additions thereto. Any local authority which adopts this chapter by reference may at any time exclude any section or sections from this chapter which it does not desire to include in its local traffic ordinance. This chapter is not intended to deny any local authority its legislative power, but rather to enhance safe and efficient movement of traffic throughout the state by having current, uniform traffic laws available.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-005, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-010 Amendments to this chapter automatically included.

The addition of any new section to, or amendment or repeal of any section in, this chapter shall be deemed to amend any city, town, or county ordinance which has adopted by reference to this chapter or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and 36.32.120(7).

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-010, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-030 Uniformity in application.

The provisions of this chapter relating to the operation of vehicles shall be applicable and uniform upon all persons operating vehicles upon the public highways of this state, except as otherwise specifically provided.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-030, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-100 Chapter 46.04 RCW (Definitions) adopted by reference.

All sections of chapter 46.04 RCW as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-100, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-109 Bus.

"Bus" means every motor vehicle designed for carrying more than ten passengers and used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-109, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-112 Bus stop.

"Bus stop" means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or unloading passengers: Provided, That such bus provides regularly scheduled service within the jurisdiction of the local authority.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-112, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-115 City.

"City" means every incorporated city and town.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-115, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-118 Demolish.

"Demolish" means to destroy completely by use of a hydraulic baler and shears, or a shredder.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-118, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-127 Holidays.

"Holidays" include the first day of January, commonly called New Year's Day; the third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the local authority to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-127, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-133 Loading zone.

"Loading zone" means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-133, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-136 Official time standard.

"Official time standard" means, whenever certain hours are named, standard time or daylight saving time as may be in current use within the jurisdiction of the local authority.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-136, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-139 Ordinance.

"Ordinance" means a city or town ordinance or a county ordinance or resolution.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-139, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-142 Parking meter.

"Parking meter" means any mechanical device or meter placed or erected adjacent to a parking meter space, for the purpose of regulating or controlling the period of time of occupancy of such parking meter space by any vehicle. Each parking meter installed shall indicate by proper legend the legal parking time and when operated shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. Each meter shall bear a legend indicating the days and hours when the requirement to deposit coins therein shall apply, the value of the coins to be deposited, and the limited period of time for which parking is lawfully permitted in the parking meter space in which such meter is located.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-142, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-145 Parking meter space.

"Parking meter space" means any space within a parking meter zone, adjacent to a parking meter and which is duly designated for the parking of a single vehicle by appropriate markings on the pavement and/or the curb.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-145, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-148 Parking meter zone.

"Parking meter zone" means any highway or part thereof or any off-street parking lot on which parking meters are installed and in operation.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-148, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-151 Passenger loading zone.

"Passenger loading zone" means a place reserved for the exclusive use of vehicles while receiving or discharging passengers.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-151, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-154 Planting strip.

"Planting strip" means that portion of a highway lying between the constructed curb, or edge of the roadway, and the property line exclusive of the sidewalk area.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-154, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-157 Police or police officer.

"Police or police officer" includes, in addition to the meaning in RCW 46.04.391, the police officers of a city, a town, marshal, or the sheriff and his/her deputies of a county whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff.

History

Statutory Authority: RCW 46.90.010. WSR 94-23-029, § 308-330-157, filed 11/8/94, effective 12/9/94
WSR 94-01-082, § 308-330-157, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-160 Police chief or chief of police.

"Police chief or chief of police" includes the police chief or chief police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-160, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-163 Police department.

"Police department" includes the police department of a city or town or the sheriff's office of a county whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-163, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-169 School bus zone.

"School bus zone" means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-169, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-172 Service parking.

"Service parking" means the use of a parking meter space while rendering service in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-172, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-175 Street.

"Street" means a "city street."

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-175, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-178 Taxicab.

"Taxicab" means a motor vehicle for hire used for the transportation of persons for compensation, and not operated exclusively over a fixed route or between fixed termini.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-178, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-181 Taxicab stand.

"Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-181, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-184 Tow truck operator.

"Tow truck operator" means a person, firm, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-184, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-187 Traffic division.

"Traffic division" means the traffic division of the police department of the local authority, or in the event a traffic division is not established, then said term whenever used in this chapter shall be deemed to refer to the police department of the local authority.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-187, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-190 U-turn.

"U-turn" means turning a vehicle so as to proceed in the opposite direction on the same roadway.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-190, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-195 RCW sections adopted—Livestock.

The following sections of the Revised Code of Washington (RCW) pertaining to livestock on highway right of way as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 16.24.065, and 16.24.070.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-195, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-197 RCW sections adopted—Off-road and nonhighway vehicles.

The following sections of the Revised Code of Washington (RCW) pertaining to off road and nonhighway vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.09.310, 46.09.330, 46.09.350, 46.09.360, 46.09.420, 46.09.440, 46.09.442, 46.09.444, 46.09.450, 46.09.455, 46.09.457, 46.09.460, 46.09.470, 46.09.480, 46.09.485, and 46.09.490.

History

Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-197, filed 11/30/15, effective 12/31/15
WSR 13-21-026, § 308-330-197, filed 10/8/13, effective 11/8/13
WSR 11-20-041, § 308-330-197, filed 9/28/11, effective 10/29/11
WSR 10-18-058, § 308-330-197, filed 8/30/10, effective 9/30/10
WSR 04-18-061, § 308-330-197, filed 8/27/04, effective 9/27/04
WSR 97-10-068, § 308-330-197, filed 5/5/97, effective 6/5/97
WSR 94-23-029, § 308-330-197, filed 11/8/94, effective 12/9/94
WSR 94-01-082, § 308-330-197, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-200 RCW sections adopted—Snowmobiles.

The following sections of the Revised Code of Washington (RCW) pertaining to snowmobiles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.10.300, 46.10.310, 46.10.330, 46.10.460, 46.10.470, 46.10.480, 46.10.490, 46.10.495, and 46.10.500.

History

Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-200, filed 11/30/15, effective 12/31/15
WSR 11-20-041, § 308-330-200, filed 9/28/11, effective 10/29/11
WSR 97-10-068, § 308-330-200, filed 5/5/97, effective 6/5/97
WSR 94-01-082, § 308-330-200, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-205 Public employees to obey traffic regulations.

The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, the state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-205, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-210 Police administration.

There is established in the police department of the local authority a traffic division to be under the control of a police officer appointed by, and directly responsible to, the chief of police.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-210, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-215 Duty of traffic division.

It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the traffic regulations of the local authority, to make arrests for traffic violations, to investigate accidents and to cooperate with the traffic engineer and other officers of the local authority in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the said division by this chapter and the traffic ordinances of the local authority.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-215, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-220 Authority of police and fire department officials.

(1) Officers of the police department or such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand, or signal in conformance with law: Provided, That in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of law.

(2) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-220, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-225 Records of traffic violations.

(1) The police department or the traffic division thereof shall keep a record of all violations of the traffic ordinances of the local authority or of the state motor vehicle laws of which any person has been charged, with the exception of illegal parking or standing violations, together with a record of the final disposition of all such alleged offenses. Such records shall be so maintained as to show all types of violations and the total of each. Such records shall accumulate during at least a five-year period, and from that time on the records shall be maintained complete for at least the most recent five-year period.

(2) All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record of all such forms shall be kept.

(3) Records and reports concerning a person shall be available upon request only to that particular person requesting such record or report concerning himself, or the legal guardian thereof, the parent of a minor, or any authorized representative of such interested party, or the attorney or insurer thereof.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-225, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-230 Traffic division to investigate accidents.

It shall be the duty of the traffic division, assisted by other members of the police department, to investigate traffic accidents, to arrest, and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-230, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-235 Traffic accident studies.

Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the traffic engineer in conducting studies of such accidents and in determining remedial measures.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-235, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-240 Traffic accident reports.

The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. Such reports shall be available for the use and the information of the traffic engineer.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-240, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-245 Traffic division to submit annual traffic safety report.

The traffic division shall annually prepare a traffic report which shall be filed with the appointing authority of the local authority. Such report shall contain information on traffic matters in the local authority as follows:

(1) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;

(2) The number of traffic accidents investigated and other pertinent data on the safety activities of the police;

(3) The plans and recommendations of the division for future traffic safety activities.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-245, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-250 Police department to administer bicycle licenses.

The police department or some other office or department designated by the local authority shall administer the bicycle license regulations required by this chapter.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-250, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-255 Police department to regulate parking meters.

The police department shall be responsible for the regulation, control, operation, and use of parking meters installed in all parking meter zones.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-255, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-260 Traffic engineer.

(1) The office of traffic engineer is established: Provided, That if there is no traffic engineer, then the engineer of the local authority shall serve as traffic engineer in addition to his/her other functions, and shall exercise the powers and duties with respect to traffic as provided in this chapter: Provided further, That if there is no engineer in the local authority, then the appointing authority shall designate a person to exercise such powers and duties.

(2) It shall be the general duty of the traffic engineer to determine the installation and maintenance of traffic control devices, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering investigations of traffic conditions, to plan the operation of traffic on the highways of the local authority, to cooperate with other officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by any ordinances of the local authority.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-260, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-265 Traffic engineer—Authority.

The traffic engineer is authorized:

(1) To place and maintain official traffic control devices when and as required under the traffic ordinances or resolutions of the local authority to make effective the provisions of said ordinances or resolutions, and may place and maintain such additional official traffic control devices as he/she may deem necessary to regulate, warn, or guide traffic under the traffic ordinances or resolutions of the local authority;

(2) To place and maintain official traffic control devices as he/she may deem necessary to regulate, warn, or guide traffic for construction, detours, emergencies, and special conditions;

(3) To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his/her opinion there is particular danger to pedestrians crossing the roadway, and in such other places as he/she may deem necessary;

(4) To establish safety zones of such kind and character and at such places as he/she may deem necessary for the protection of pedestrians;

(5) To mark traffic lanes upon the roadway of any highway where a regular alignment of traffic is necessary;

(6) To regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner;

(7) To place official traffic control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, in accordance with the provisions of this chapter, and such course to be traveled as so indicated may conform to or be other than as prescribed by law;

(8) To determine those intersections at which drivers of vehicles shall not make a right, left, or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted;

(9) To erect and maintain stop signs, yield signs, or other official traffic control devices to designate arterial highways or to designate intersection or other roadway junctions at which vehicular traffic on one or more of the roadways shall yield or stop and yield before entering the intersection or junction, except as provided in RCW 46.61.195;

(10) To issue special permits to authorize the backing of a vehicle to the curb for the purpose of loading or unloading property subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property alongside the curb or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized by this section;

(11) To erect signs indicating no parking upon both sides of a highway when the width of the improved roadway does not exceed twenty feet, or upon one side of a highway as indicated by such signs when the width of the improved roadway is between twenty and twenty-eight feet;

(12) To determine when standing or parking may be permitted upon the left-hand side of any roadway when the highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway and to erect signs giving notice thereof;

(13) To determine and designate by proper signs places not exceeding one hundred feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic;

(14) To determine the location of loading zones, passenger loading zones, and tow-away zones and shall place and maintain appropriate signs or curb markings supplemented with the appropriate words stenciled on the curb indicating the same and stating the hours during which the provisions of this chapter are applicable;

(15) To establish bus stops, bus stands, taxicab stands, and stands for other for hire vehicles on such highways in such places and in such number as he/she shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs or by curb markings supplemented with the appropriate words stenciled on the curb;

(16) To erect and maintain official traffic control devices on any highway or part thereof to impose gross weight limits on the basis of an engineering and traffic investigation;

(17) To erect and maintain official traffic control devices on any highway or part thereof to prohibit the operation of trucks exceeding ten thousand pounds gross weight on the basis of an engineering and traffic investigation: Provided, That such devices shall not prohibit necessary local operation on such highways for the purpose of making a pickup or delivery;

(18) To erect and maintain official traffic control devices on any highway or part thereof to impose vehicle size restrictions on the basis of an engineering and traffic investigation;

(19) To determine and designate those heavily traveled highways upon which shall be prohibited any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic on the basis of an engineering and traffic investigation and shall erect appropriate official traffic control devices giving notice thereof;

(20) To install parking meters in the established parking meter zones upon the curb adjacent to each designated parking space;

(21) To designate the parking space adjacent to each parking meter for which such meter is to be used by appropriate markings upon the curb and/or the pavement of the highway;

(22) To post appropriate signs making it unlawful for pedestrians to cross highways in certain crosswalks when such crossing would endanger either pedestrian or vehicular traffic using the highway;

(23) To test new or proposed traffic control devices under actual conditions of traffic.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-265, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-270 Local authority—Authority.

After an engineering and traffic investigation by the traffic engineer, the local authority may by resolution:

(1) Decrease maximum speed limits pursuant to RCW 46.61.415;

(2) Increase maximum speed limits pursuant to RCW 46.61.415;

(3) Determine and declare the maximum speed limits on arterial highways pursuant to RCW 46.61.415;

(4) Determine and declare upon what highways angle parking shall be permitted pursuant to RCW 46.61.575(3);

(5) Prohibit, regulate, or limit, stopping, standing, or parking of vehicles on any highway at all times or during such times as shall be indicated by official traffic control devices;

(6) Determine and declare parking meter zones upon those highways or parts thereof where the installation of parking meters will be necessary to regulate parking;

(7) Close any highway or part thereof temporarily to any or all traffic;

(8) Determine and declare one-way highways pursuant to RCW 46.61.135;

(9) Determine and declare arterial highways pursuant to RCW 46.61.195 and 46.61.435.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-270, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-275 Traffic safety commission—Powers and duties.

(1) There is established a traffic safety commission to serve without compensation, consisting of the traffic engineer, the chief of police, or, in his/her discretion as his/her representative, the chief of the traffic division or other cognizant member of the police department, one representative each from the engineer's office and the attorney's office, and such number of other officers of the local authority and representatives of unofficial bodies as may be determined and appointed by the appointing authority of the local authority. The chair of the commission shall be appointed by such appointing authority and may be removed by such authority.

(2) It shall be the duty of the traffic safety commission, and to this end it shall have authority within the limits of the funds at its disposal, to coordinate traffic activities, to supervise the preparation and publication of traffic reports, to receive complaints having to do with traffic matters, and to recommend to the legislative body of the local authority and to the traffic engineer, the chief of the traffic division, and other officials, ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-275, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-300 RCW sections adopted—Certificates of ownership and registrations.

The following sections of the Revised Code of Washington (RCW) pertaining to vehicle certificates of ownership and registrations as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.12.550, 46.12.590, 46.12.600, 46.12.635, 46.12.650, 46.12.655, 46.12.660, 46.12.720, 46.12.725, 46.12.730, 46.12.735, 46.12.740, 46.12.745, 46.12.750, and 46.12.755.

Wash. Admin. Code § 308-330-305 RCW sections adopted—Vehicle licenses.

The following sections of the Revised Code of Washington (RCW) pertaining to vehicle licenses as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.12.695, 46.16A.030, 46.16A.140, 46.16A.160, 46.16A.175, 46.16A.180, 46.16A.200, 46.16A.320, 46.16A.350, 46.16A.405, 46.16A.420, 46.16A.425, 46.16A.428, 46.16A.450, 46.16A.500, 46.16A.520, 46.16A.530, 46.16A.540, 46.16A.545, 46.18.200, 46.18.205, 46.18.215, 46.18.220, 46.18.235, 46.18.275, 46.18.277, 46.18.285, 46.19.050, and 46.19.070.

History

Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-305, filed 11/30/15, effective 12/31/15
WSR 11-20-041, § 308-330-305, filed 9/28/11, effective 10/29/11
WSR 04-18-061, § 308-330-305, filed 8/27/04, effective 9/27/04
WSR 02-04-075, § 308-330-305, filed 2/1/02, effective 3/4/02
WSR 97-10-068, § 308-330-305, filed 5/5/97, effective 6/5/97
WSR 96-13-089, § 308-330-305, filed 6/19/96, effective 7/20/96
WSR 95-23-042, § 308-330-305, filed 11/13/95, effective 12/14/95
WSR 94-01-082, § 308-330-305, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-307 RCW sections adopted—Driver licenses and identicards.

The following sections of the Revised Code of Washington (RCW) pertaining to driver licenses and identification cards as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.20.001, 46.20.005, 46.20.015, 46.20.017, 46.20.021, 46.20.022, 46.20.024, 46.20.025, 46.20.027, 46.20.031, 46.20.041, 46.20.045, 46.20.055, 46.20.070, 46.20.075, 46.20.0921, 46.20.109, 46.20.220, 46.20.308, 46.20.3101, 46.20.338, 46.20.342, 46.20.345, 46.20.349, 46.20.391, 46.20.394, 46.20.410, 46.20.500, 46.20.510, 46.20.720, 46.20.740, and 46.20.750.

History

Statutory Authority: RCW 46.90.010. WSR 02-04-075, § 308-330-307, filed 2/1/02, effective 3/4/02
WSR 00-18-067, § 308-330-307, filed 9/1/00, effective 10/2/00
WSR 99-04-070, § 308-330-307, filed 2/1/99, effective 3/4/99. Statutory Authority: RCW 46.90.010 and 1997 c 66 and c 229. WSR 97-16-041, § 308-330-307, filed 7/31/97, effective 8/31/97. Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-307, filed 5/5/97, effective 6/5/97
WSR 96-13-089, § 308-330-307, filed 6/19/96, effective 7/20/96
WSR 95-23-042, § 308-330-307, filed 11/13/95, effective 12/14/95
WSR 94-23-029, § 308-330-307, filed 11/8/94, effective 12/9/94
WSR 94-01-082, § 308-330-307, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-309 RCW sections adopted—Uniform Commercial Driver's License Act.

The following sections of the Revised Code of Washington (RCW) pertaining to the Uniform Commercial Driver's License Act as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.25.010, 46.25.020, 46.25.030, 46.25.040, 46.25.050, 46.25.052, 46.25.055, 46.25.057, 46.25.110, 46.25.120, and 46.25.170.

History

Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-309, filed 11/30/15, effective 12/31/15
WSR 13-21-027, § 308-330-309, filed 10/8/13, effective 7/8/14
WSR 04-18-061, § 308-330-309, filed 8/27/04, effective 9/27/04
WSR 94-01-082, § 308-330-309, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-310 RCW sections adopted—Financial responsibility.

The following section of the Revised Code of Washington (RCW) pertaining to financial responsibility as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.29.605.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-310, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-312 RCW sections adopted—Mandatory liability insurance.

The following sections of the Revised Code of Washington (RCW) pertaining to mandatory liability insurance as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as through such sections were set forth herein in full: RCW 46.30.010, 46.30.020, 46.30.030, and 46.30.040.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-312, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-314 RCW sections adopted—Vehicle inspection.

The following sections of the Revised Code of Washington (RCW) pertaining to vehicle inspection as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.32.060 and 46.32.070.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-314, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-316 RCW sections adopted—Vehicle lighting and other equipment.

The following sections of the Revised Code of Washington (RCW) pertaining to vehicle lighting and other equipment as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.37.010, 46.37.020, 46.37.030, 46.37.040, 46.37.050, 46.37.060, 46.37.070, 46.37.080, 46.37.090, 46.37.100, 46.37.110, 46.37.120, 46.37.130, 46.37.140, 46.37.150, 46.37.160, 46.37.170, 46.37.180, 46.37.184, 46.37.185, 46.37.186, 46.37.187, 46.37.188, 46.37.190, 46.37.193, 46.37.196, 46.37.200, 46.37.210, 46.37.215, 46.37.220, 46.37.230, 46.37.240, 46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300, 46.37.310, 46.37.340, 46.37.351, 46.37.360, 46.37.365, 46.37.369, 46.37.375, 46.37.380, 46.37.390, 46.37.395, 46.37.400, 46.37.410, 46.37.420, 46.37.4215, 46.37.4216, 46.37.423, 46.37.424, 46.37.425, 46.37.430, 46.37.435, 46.37.440, 46.37.450, 46.37.465, 46.37.467, 46.37.470, 46.37.480, 46.37.490, 46.37.495, 46.37.500, 46.37.510, 46.37.513, 46.37.517, 46.37.518, 46.37.520, 46.37.522, 46.37.523, 46.37.524, 46.37.525, 46.37.527, 46.37.528, 46.37.529, 46.37.530, 46.37.535, 46.37.537, 46.37.539, 46.37.540, 46.37.550, 46.37.560, 46.37.570, 46.37.590, 46.37.600, 46.37.610, 46.37.620, 46.37.630, 46.37.640, 46.37.650, 46.37.660, 46.37.670, 46.37.671, 46.37.672, 46.37.673, 46.37.674, 46.37.675, 46.37.680, and 46.37.685.

History

Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-316, filed 11/30/15, effective 12/31/15
WSR 13-21-026, § 308-330-316, filed 10/8/13, effective 11/8/13
WSR 10-18-058, § 308-330-316, filed 8/30/10, effective 9/30/10
WSR 04-18-061, § 308-330-316, filed 8/27/04, effective 9/27/04
WSR 00-18-067, § 308-330-316, filed 9/1/00, effective 10/2/00
WSR 97-10-068, § 308-330-316, filed 5/5/97, effective 6/5/97
WSR 96-13-089, § 308-330-316, filed 6/19/96, effective 7/20/96
WSR 95-23-042, § 308-330-316, filed 11/13/95, effective 12/14/95
WSR 94-01-082, § 308-330-316, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-320 RCW sections adopted—Size, weight, load.

The following sections of the Revised Code of Washington (RCW) pertaining to vehicle size, weight, and load as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.44.010, 46.44.013, 46.44.020, 46.44.030, 46.44.034, 46.44.036, 46.44.037, 46.44.041, 46.44.042, 46.44.043, 46.44.047, 46.44.050, 46.44.060, 46.44.070, 46.44.090, 46.44.091, 46.44.092, 46.44.093, 46.44.095, 46.44.096, 46.44.105, 46.44.120, 46.44.130, 46.44.140, 46.44.170, 46.44.173, 46.44.175, 46.44.180, and 46.44.190.

History

Statutory Authority: RCW 46.90.010. WSR 10-18-058, § 308-330-320, filed 8/30/10, effective 9/30/10
WSR 04-18-061, § 308-330-320, filed 8/27/04, effective 9/27/04
WSR 02-04-075, § 308-330-320, filed 2/1/02, effective 3/4/02
WSR 94-23-029, § 308-330-320, filed 11/8/94, effective 12/9/94
WSR 94-01-082, § 308-330-320, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-322 RCW sections adopted—Transportation of hazardous materials.

The following section of the Revised Code of Washington (RCW) and Washington Administrative Code (WAC) pertaining to transportation of hazardous materials as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.48.170, 46.48.175 and 46.48.185 and chapter 446-50 WAC.

History

Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-322, filed 5/5/97, effective 6/5/97
WSR 94-01-082, § 308-330-322, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-325 RCW sections adopted—Accidents, reports.

The following sections of the Revised Code of Washington (RCW) pertaining to accidents and accident reports as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.52.010, 46.52.020, 46.52.030, 46.52.040, 46.52.070, 46.52.080, 46.52.088, 46.52.090, and 46.52.101.

History

Statutory Authority: RCW 46.90.010. WSR 00-18-067, § 308-330-325, filed 9/1/00, effective 10/2/00
WSR 94-01-082, § 308-330-325, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-327 RCW sections adopted—Hulk haulers and scrap processors.

The following sections of the Revised Code of Washington (RCW) pertaining to hulk haulers and scrap processors as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.79.010 and 46.79.120.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-327, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-330 RCW sections adopted—Motor vehicle wreckers.

The following sections of the Revised Code of Washington (RCW) pertaining to motor vehicle wreckers as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.80.010 and 46.80.060.

History

Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-330, filed 11/30/15, effective 12/31/15
WSR 95-23-042, § 308-330-330, filed 11/13/95, effective 12/14/95
WSR 94-01-082, § 308-330-330, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-360 Owner of record presumed liable for costs when vehicle abandoned—Exception.

(1) The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing, and disposing of any abandoned vehicle.

(2) A registered owner transferring a vehicle shall be relieved from personal liability under this section if he or she transmits to the department a seller's report of sale as provided by RCW 46.12.650.

History

Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-360, filed 11/30/15, effective 12/31/15
WSR 94-01-082, § 308-330-360, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-365 Contract with registered disposer to dispose of vehicles and hulks—Compliance required.

(1) The local authority may contract with any tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer by the department for the purpose of disposing of certain automobile hulks, abandoned junk motor vehicles, and abandoned vehicles.

(2) Any registered disposer under contract to the local authority for the removing and storing of vehicles or hulks shall comply with the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the local authority or the director.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-365, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-370 Stolen and abandoned vehicles—Reports of—Recovery, report required, penalty—Disposition.

It shall be the duty of the chief of police to report immediately to the chief of the Washington state patrol all motor vehicles reported to them as stolen or recovered, upon forms to be provided by the chief of the Washington state patrol.

In the event that any motor vehicle reported as stolen has been recovered, failure of the person so reporting the same as stolen to report the recovery thereof to the chief of police to whom such motor vehicle was reported as stolen is a traffic infraction.

It shall be the duty of the chief of police to report to the chief of the Washington state patrol all vehicles or automobile hulks found abandoned on a highway or at any other place and the same shall, at the direction of a law enforcement officer, be placed in the custody of a tow truck operator registered pursuant to chapter 46.55 RCW.

History

Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-370, filed 5/5/97, effective 6/5/97
WSR 94-01-082, § 308-330-370, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-400 Provisions of chapter refer to vehicles upon highway—Exception.

The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:

(1) Where a different place is specifically referred to in a given section;

(2) The provisions of RCW 46.52.010, 46.52.020, 46.52.030, 46.52.070, 46.52.080, 46.52.090, and 46.61.500 through 46.61.530 shall apply upon highways and elsewhere throughout the jurisdiction of the local authority.

History

Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-400, filed 5/5/97, effective 6/5/97
WSR 96-13-089, § 308-330-400, filed 6/19/96, effective 7/20/96
WSR 94-23-029, § 308-330-400, filed 11/8/94, effective 12/9/94
WSR 94-01-082, § 308-330-400, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-403 Required obedience to traffic ordinance.

It is unlawful for any person to do any act forbidden or fail to perform any act required by this chapter.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-403, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-406 RCW sections adopted—Abandoned, unauthorized, and junk vehicle tow truck operators.

The following sections of the Revised Code of Washington (RCW) pertaining to abandoned, unauthorized, and junk vehicle tow truck operators as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.55.010, 46.55.020, 46.55.025, 46.55.035, 46.55.037, 46.55.040, 46.55.050, 46.55.060, 46.55.063, 46.55.070, 46.55.075, 46.55.080, 46.55.085, 46.55.090, 46.55.100, 46.55.105, 46.55.110, 46.55.113, 46.55.120, 46.55.130, 46.55.140, 46.55.150, 46.55.160, 46.55.170, 46.55.230, and 46.55.240.

History

Statutory Authority: RCW 46.90.010. WSR 00-18-067, § 308-330-406, filed 9/1/00, effective 10/2/00
WSR 97-10-068, § 308-330-406, filed 5/5/97, effective 6/5/97
WSR 95-23-042, § 308-330-406, filed 11/13/95, effective 12/14/95
WSR 94-01-082, § 308-330-406, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-408 RCW sections adopted—Traffic laws, signs, signals, markings.

The following sections of the Revised Code of Washington (RCW) pertaining to obedience to and effect of traffic laws, traffic signs, signals and markings as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.005, 46.61.015, 46.61.020, 46.61.021, 46.61.022, 46.61.024, 46.61.025, 46.61.030, 46.61.035, 46.61.050, 46.61.055, 46.61.060, 46.61.065, 46.61.070, 46.61.072, 46.61.075, 46.61.080, and 46.61.085.

History

Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-408, filed 5/5/97, effective 6/5/97
WSR 94-01-082, § 308-330-408, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-409 Traffic control devices required—Stopping, standing, and parking.

No prohibition, regulation, or limitation relating to stopping, standing, or parking imposed under this chapter or any ordinance of the local authority for which traffic control devices are required shall be effective unless official traffic control devices are erected and in place at the time of any alleged offense.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-409, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-412 Crossing new pavement and markings.

No person shall ride or drive any animal, bicycle, or vehicle, across any newly made pavement or freshly applied markings on any highway when a sign, cone marker, or other warning device is in place warning persons not to drive across such pavement or marking.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-412, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-415 RCW sections adopted—Right of way.

The following sections of the Revised Code of Washington (RCW) pertaining to vehicles and pedestrians use of roadways, right of way, rights and duties as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.100, 46.61.105, 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, 46.61.135, 46.61.140, 46.61.145, 46.61.150, 46.61.155, 46.61.160, 46.61.165, 46.61.180, 46.61.183, 46.61.184, 46.61.185, 46.61.190, 46.61.195, 46.61.200, 46.61.202, 46.61.205, 46.61.210, 46.61.212, 46.61.215, 46.61.220, 46.61.230, 46.61.235, 46.61.240, 46.61.245, 46.61.250, 46.61.255, 46.61.260, 46.61.261, 46.61.264, 46.61.266, and 46.61.269.

History

Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-415, filed 11/30/15, effective 12/31/15
WSR 10-18-058, § 308-330-415, filed 8/30/10, effective 9/30/10
WSR 00-18-067, § 308-330-415, filed 9/1/00, effective 10/2/00
WSR 97-10-068, § 308-330-415, filed 5/5/97, effective 6/5/97
WSR 94-01-082, § 308-330-415, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-421 RCW sections adopted—Turning, starting and stopping.

The following sections of the Revised Code of Washington (RCW) pertaining to turning, starting, signals on stopping and turning, and special stops as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.290, 46.61.295, 46.61.300, 46.61.305, 46.61.310, 46.61.315, 46.61.340, 46.61.345, 46.61.350, 46.61.355, 46.61.365, 46.61.370, 46.61.371, 46.61.372, 46.61.375, 46.61.380, and 46.61.385.

History

Statutory Authority: RCW 46.90.010. WSR 00-18-067, § 308-330-421, filed 9/1/00, effective 10/2/00
WSR 97-10-068, § 308-330-421, filed 5/5/97, effective 6/5/97
WSR 94-01-082, § 308-330-421, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-423 RCW sections adopted—Speed restrictions.

The following sections of the Revised Code of Washington (RCW) pertaining to speed restrictions as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.400, 46.61.415, 46.61.419, 46.61.425, 46.61.427, 46.61.428, 46.61.435, 46.61.440, 46.61.445, 46.61.450, 46.61.455, 46.61.460, 46.61.465, and 46.61.470.

History

Statutory Authority: RCW 46.90.010. WSR 04-18-061, § 308-330-423, filed 8/27/04, effective 9/27/04
WSR 00-18-067, § 308-330-423, filed 9/1/00, effective 10/2/00
WSR 94-01-082, § 308-330-423, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-425 RCW sections adopted—Reckless driving, negligent driving, vehicular homicide and assault.

The following sections of the Revised Code of Washington (RCW) pertaining to reckless driving, negligent driving, driving while under the influence of intoxicating liquor or any drug, vehicular homicide and assault as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, 46.61.5054, 46.61.5055, 46.61.50571, 46.61.5058, 46.61.506, 46.61.513, 46.61.517, 46.61.519, 46.61.5191, 46.61.5195, 46.61.5249, 46.61.525, 46.61.526, 46.61.527, 46.61.530, 46.61.535, 46.61.540, and 46.61.745.

History

Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-425, filed 11/30/15, effective 12/31/15
WSR 11-20-041, § 308-330-425, filed 9/28/11, effective 10/29/11
WSR 99-04-070, § 308-330-425, filed 2/1/99, effective 3/4/99. Statutory Authority: RCW 46.90.010 and 1997 c 66 and c 229. WSR 97-16-041, § 308-330-425, filed 7/31/97, effective 8/31/97. Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-425, filed 5/5/97, effective 6/5/97
WSR 95-23-042, § 308-330-425, filed 11/13/95, effective 12/14/95
WSR 94-23-029, § 308-330-425, filed 11/8/94, effective 12/9/94
WSR 94-01-082, § 308-330-425, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-430 Obedience to angle-parking signs or markings.

Upon those highways which have been signed or marked for angle-parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-430, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-433 Parking not to obstruct traffic.

(1) No person shall park a vehicle upon a highway in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic.

(2) No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-433, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-436 Parking for certain purposes unlawful.

(1) No person shall park any vehicle upon any highway for the principle purpose of:

(a) Displaying advertising;

(b) Displaying such vehicle for sale;

(2) No person shall park any vehicle upon any roadway for the principle purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency.

History

Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-436, filed 5/5/97, effective 6/5/97
WSR 94-01-082, § 308-330-436, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-439 Standing in passenger loading zone.

No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone are effective, and then only for a period not to exceed three minutes.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-439, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-442 Standing in loading zone.

(1) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of property exceed thirty minutes.

(2) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-442, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-445 Standing in a tow-away zone.

No person shall stop, stand, or park a vehicle in a place marked as a tow-away zone during hours when the provisions applicable to such zone are in effect.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-445, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-448 Violating permits for loading or unloading at an angle to the curb.

It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any permit issued by the traffic engineer for the backing of a vehicle to the curb for the purpose of loading or unloading property.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-448, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-451 Standing or parking on one-way roadways.

In the event a highway includes two or more separate roadways, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-451, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-454 Stopping, standing, and parking of buses and taxicabs regulated.

(1) The operator of a bus shall not stop, stand, or park such vehicle upon any highway at any place other than a designated bus stop. This provision shall not prevent the operator of a bus from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers or their baggage.

(2) The operator of a bus shall enter a bus stop or passenger loading zone on a highway in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not farther than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.

(3) The operator of a taxicab shall not stop, stand, or park such vehicle upon any highway at any place other than in a designated taxicab stand. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.

History

Statutory Authority: RCW 46.90.010. WSR 95-23-042, § 308-330-454, filed 11/13/95, effective 12/14/95
WSR 94-01-082, § 308-330-454, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-457 Restricted use of bus stops and taxicab stands.

No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except the driver of a passenger vehicle may temporarily stop there for the purpose of, or while actually engaged in, loading or unloading passengers when such stopping does not interfere with any bus, or taxicab waiting to enter or about to enter such stop or stand.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-457, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-460 Right of way for parking.

The driver of any vehicle who first begins driving or maneuvering his/her vehicle into a vacant parking space shall have a prior right of way to park in such place, and it shall be unlawful for another driver to attempt to deprive him/her thereof by blocking his/her access or otherwise. For the purpose of establishing right of way in this section it shall be considered proper to back into any but a front-in angle parking space.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-460, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-462 RCW sections adopted—Stopping, standing, and parking.

The following sections of the Revised Code of Washington (RCW) pertaining to vehicle stopping, standing, and parking as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.08.185, 46.61.560, 46.61.570, 46.61.575, 46.61.581, 46.61.582, 46.61.583, 46.61.585, 46.61.587, and 46.61.590.

History

Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-462, filed 11/30/15, effective 12/31/15
WSR 13-21-026, § 308-330-462, filed 10/8/13, effective 11/8/13
WSR 97-10-068, § 308-330-462, filed 5/5/97, effective 6/5/97
WSR 94-01-082, § 308-330-462, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-464 RCW sections adopted—Operation and restrictions.

The following sections of the Revised Code of Washington (RCW) pertaining to the operation of vehicles and the restriction of certain acts and practices of vehicle operators and passengers as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.600, 46.61.605, 46.61.606, 46.61.608, 46.61.610, 46.61.611, 46.61.612, 46.61.614, 46.61.615, 46.61.620, 46.61.625, 46.61.630, 46.61.635, 46.61.640, 46.61.645, 46.61.655, 46.61.660, 46.61.665, 46.61.670, 46.61.672, 46.61.673, 46.61.675, 46.61.680, 46.61.685, 46.61.687, 46.61.688, 46.61.690, 46.61.700, 46.61.705, 46.61.710, 46.61.720, 46.61.723, 46.61.725, 46.61.730, 46.61.735, and 46.61.740.

History

Statutory Authority: RCW 46.01.110, 46.20.2891, 46.82.290, and 46.90.010. WSR 17-21-026, § 308-330-464, filed 10/10/17, effective 11/10/17. Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-464, filed 11/30/15, effective 12/31/15
WSR 11-20-041, § 308-330-464, filed 9/28/11, effective 10/29/11
WSR 10-18-058, § 308-330-464, filed 8/30/10, effective 9/30/10
WSR 04-18-061, § 308-330-464, filed 8/27/04, effective 9/27/04
WSR 02-04-075, § 308-330-464, filed 2/1/02, effective 3/4/02
WSR 94-01-082, § 308-330-464, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-466 Funeral processions.

(1) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practicable.

(2) A funeral procession shall be accompanied by adequate escort vehicles for traffic control purposes as determined by the chief of police.

(3) All motor vehicles in a funeral procession shall be identified by having their headlights turned on or by such other method as may be determined and designated by the chief of police.

(4) All motor vehicles in a funeral procession shall be operated as near to the right-hand edge of the roadway as is practicable and shall follow the vehicle ahead as close as is practicable and safe.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-466, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-469 When permits required for parades and processions.

With the exception of funeral processions and parades of the armed forces of the United States, the military forces of this state, and the forces of the police and fire departments, no processions or parades shall be conducted on the highways within the jurisdiction of the local authority except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this chapter which may be applicable.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-469, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-472 Interfering with processions.

(1) No person shall unreasonably interfere with a procession.

(2) No person shall operate a vehicle that is not part of a procession between the vehicles of the procession. This provision shall not apply at intersections where traffic is controlled by traffic control devices unless a police officer is present at such intersections to direct traffic so as to preserve the continuity of the procession.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-472, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-475 Boarding or alighting from vehicles.

No person shall board or alight from any vehicle while such vehicle is in motion.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-475, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-478 Unlawful riding.

No person shall ride upon any portion of a vehicle not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-478, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-481 RCW sections adopted—Operation of nonmotorized vehicles.

The following sections of the Revised Code of Washington (RCW) pertaining to the operation of nonmotorized vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.750, 46.61.755, 46.61.758, 46.61.760, 46.61.765, 46.61.770, 46.61.775, 46.61.780, and 46.61.790.

History

Statutory Authority: RCW 46.90.010. WSR 02-04-075, § 308-330-481, filed 2/1/02, effective 3/4/02
WSR 94-01-082, § 308-330-481, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-500 Bicycle license required.

No person who resides within the jurisdiction of the local authority shall ride or propel a bicycle on any highway or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate or decal is attached thereto as provided in WAC 308-330-500 through 308-330-540.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-500, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-505 Bicycle license application.

Application for a bicycle license and license plate or decal shall be made upon a form provided by and to the chief of police. An annual license fee as prescribed by the local authority shall be paid to the local authority before each license or renewal thereof is granted. Duplicate license plates or decals may be supplied for the same cost as the original plate or decal in the event of loss of the plate or decal.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-505, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-510 Issuance of bicycle license.

(1) The chief of police upon receiving proper application therefor is authorized to issue a bicycle license which shall be effective for one calendar year.

(2) The chief of police shall not issue a license for any bicycle when he/she knows or has reasonable grounds to believe that the applicant is not the owner of, or entitled to the possession of, such bicycle.

(3) The chief of police shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, and a record of all bicycle license fees collected by him.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-510, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-515 Attachment of bicycle license plate or decal.

(1) The chief of police, upon issuing a bicycle license, shall also issue a license plate or decal bearing the license number assigned to the bicycle, and the name of the local authority.

(2) Such license plate or decal shall be firmly attached to the rear mudguard or frame of the bicycle for which issued in such position as to be plainly visible from the rear.

(3) No person shall remove a license plate or decal from a bicycle during the period for which issued except upon a transfer of ownership or in the event the bicycle is dismantled and no longer operated upon any highway within the jurisdiction of the local authority.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-515, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-520 Inspection of bicycles.

The chief of police, or an officer assigned such responsibility, may inspect each bicycle before licensing the same and may refuse a license for any bicycle which he/she determines is in unsafe mechanical condition.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-520, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-525 Renewal of bicycle license.

Upon the expiration of any bicycle license, the same may be renewed upon application and payment of the same fee as upon an original application.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-525, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-530 Bicycle transfer of ownership.

Upon the sale or other transfer of a licensed bicycle, the licensee shall remove the license plate or decal and shall either surrender the same to the chief of police or may upon proper application, but without payment of additional fee, have such plate or decal assigned to another bicycle owned by the applicant.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-530, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-535 Bicycle rental agencies.

A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate or decal is attached thereto as provided herein and such bicycle is equipped with the equipment required by RCW 46.61.780.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-535, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-540 Bicycle dealers.

Every person engaged in the business of buying or selling new or second-hand bicycles shall make a report to the chief of police of every bicycle purchased or sold by such dealer, giving the name and address of the person from whom purchased or to whom sold, a description of such bicycle by name or make, the frame number thereof, and number of license plate or decal, if any, found thereon.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-540, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-545 Bicycles—Obedience to traffic control devices.

(1) Any person operating a bicycle shall obey the instructions of official traffic control devices applicable to vehicles, unless otherwise directed by a police officer.

(2) Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the directions of any such sign, except where such person dismounts from the bicycle at the right-hand curb or as close as is practicable to the right edge of the right-hand shoulder to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-545, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-550 Bicycles—Parking.

No person shall park a bicycle upon a highway other than:

(1) Off the roadway except in designated areas;

(2) Upon the sidewalk in a rack to support the bicycle;

(3) Against a building; or

(4) In such manner as to afford the least obstruction to pedestrian traffic.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-550, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-555 Bicycles—Riding on sidewalks.

(1) No person shall ride a bicycle upon a sidewalk in a business district.

(2) A person may ride a bicycle on any other sidewalk or any roadway unless restricted or prohibited by traffic control devices.

(3) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedestrian.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-555, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-560 Bicycles—Penalties.

Violation of any provision of WAC 308-330-500 through 308-330-540 is a traffic infraction.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-560, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-565 Unclaimed bicycles.

All unclaimed bicycles in the custody of the police department shall be disposed of as provided in chapter 63.32 RCW.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-565, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-600 Parking meter spaces.

No person shall park a vehicle in any designated parking meter space during the restricted or regulated time applicable to the parking meter zone in which such meter is located so that any part of such vehicle occupies more than one such space or protrudes beyond the markings designating such space, except that a vehicle which is of a size too large to be parked within a single designated parking meter space shall be permitted to occupy two adjoining parking meter spaces when coins shall have been deposited in the parking meter for each space so occupied as is required for the parking of other vehicles in such spaces.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-600, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-610 Parking meters—Deposit of coins and time limits.

(1) No person shall park a vehicle in any parking meter space alongside of and next to which a parking meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless a United States coin or coins of the appropriate denomination as indicated on the parking meter shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and said meter has been placed in operation.

(2) No person shall permit a vehicle within his/her control to be parked in any parking meter space during the restricted and regulated time applicable to the parking meter zone in which such meter is located while the parking meter for such space indicates by signal that the lawful parking time in such space has expired. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins in such meter.

(3) No person shall park a vehicle in any parking meter space for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking meter zone in which such meter is located, irrespective of the number or amounts of the coins deposited in such meter.

(4) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this chapter prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-610, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-620 Parking meters—Use of slugs prohibited.

No person shall deposit or attempt to deposit in any parking meter any bent coin, slug, button, or any other device or substance as substitutes for United States coins.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-620, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-630 Tampering with parking meter.

No person shall deface, injure, tamper with, open, or wilfully break, destroy, or impair the usefulness of any parking meter.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-630, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-640 Parking meters—Rule of evidence.

The parking or standing of any motor vehicle in a parking space, at which space the parking meter displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand in such space for a period longer than permitted by this chapter.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-640, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-650 Parking meters—Application of proceeds.

(1) The coins required to be deposited in parking meters are levied and assessed as fees to cover the regulation and control of parking upon highways, the costs of parking meters, their installation, inspection, supervision, operation, repair, and maintenance, control and use of parking spaces, and regulating the parking of vehicles in parking meter zones; and the costs of acquiring, establishing, improving, maintaining, and operating public off-street parking facilities.

(2) The coins deposited in parking meters shall be collected by the duly authorized agents of the local authority and shall be deposited by them as directed by the local authority.

(3) The local authority shall pay from the moneys collected from parking meters the costs for any parking meters purchased and installed as provided herein, and expenses incurred for their installation, inspection, service, supervision, repair, and maintenance, for making collections from such parking meters, and for the enforcement of provisions herein applicable to parking meter zones. The net proceeds derived from the operation of parking meters after the payment of such costs and expenses, may be used for parking studies and for the acquisition, establishment, improvement, maintenance, and operation of public off-street parking facilities.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-650, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-660 Service parking.

The chief of police is authorized to issue a permit for service parking upon payment of the fee prescribed by the local authority and upon the following conditions:

(1) Application shall be made to the chief of police on such forms as the chief of police shall prescribe. The applicant shall set forth the applicant's business and the necessity for such permit. The chief of police shall investigate the facts as necessary.

(2) If it appears that a necessity exists, the chief of police may authorize the issuance of such permit under the conditions prescribed in this section.

(3) Upon issuance of the permit, the permittee shall be issued a hood to use in covering any parking meter. As many hoods may be issued upon payment of the prescribed fee as the chief of police deems necessary or convenient for the applicant. The hood shall be provided with a padlock, tow keys, and an identification card attached with a blank space thereon.

(4) Upon entering any parking meter space available, the permittee shall place the hood over the parking meter and lock the same and shall indicate in such blank space the exact place where the service work is being rendered.

(5) The permittee shall not place the hood over any meter when the space is occupied by another vehicle, and shall before vacating the space at the conclusion of the work remove the hood. The hood shall not be allowed to remain in place for over one hour when the space is not occupied by an authorized vehicle, nor shall it be allowed to remain in place after 6:00 p.m. on any weekday or on any Sunday or holiday. It shall not be used during hours when parking or stopping in the parking meter space is prohibited. No vehicle licensed as a passenger car shall be parked in the space covered by the hooded parking meter.

(6) The chief of police may revoke any permit if the service parking hood is used for any purpose other than that authorized in this section or for any violation of this chapter. Upon revocation, the hood shall immediately be returned to the police department and all fees paid shall be forfeited. Police officers finding such hood in use shall investigate the use being made thereof, and if it is found in violation of this section shall report the facts to the chief of police.

(7) Any permit issued under this section shall, unless revoked, be valid for a period of one year.

(8) The permittee shall also pay a deposit in an amount prescribed by the local authority at the time of issuance of the hood, padlock, and keys, which shall remain the property of the local authority. In case a hood, a padlock, or key becomes lost or destroyed or so defaced that it is no longer usable, the permittee shall forfeit deposit.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-660, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-700 RCW sections adopted—Disposition of traffic infractions.

The following sections of the Revised Code of Washington (RCW) pertaining to the disposition of traffic infractions as now or hereafter amended are hereby adopted by such reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.63.010, 46.63.020, 46.63.030, 46.63.040, 46.63.060, 46.63.070, 46.63.073, 46.63.075, 46.63.080, 46.63.090, 46.63.100, 46.63.110, 46.63.120, 46.63.130, 46.63.140, 46.63.151, 46.63.160, 46.63.170, and 46.63.180.

History

Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-700, filed 11/30/15, effective 12/31/15
WSR 11-20-041, § 308-330-700, filed 9/28/11, effective 10/29/11
WSR 10-18-058, § 308-330-700, filed 8/30/10, effective 9/30/10
WSR 04-18-061, § 308-330-700, filed 8/27/04, effective 9/27/04
WSR 94-01-082, § 308-330-700, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-705 RCW sections adopted—Enforcement.

The following sections of the Revised Code of Washington (RCW) pertaining to traffic enforcement agencies as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.64.010, 46.64.015, 46.64.025, 46.64.030, 46.64.035, 46.64.048, 46.64.050, and 46.64.055.

History

Statutory Authority: RCW 46.90.010. WSR 04-18-061, § 308-330-705, filed 8/27/04, effective 9/27/04
WSR 02-04-075, § 308-330-705, filed 2/1/02, effective 3/4/02
WSR 94-01-082, § 308-330-705, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-710 Penalties.

Unless another penalty is expressly provided by law, any person found to have committed an act designated a traffic infraction under the provisions of these rules shall be punished by a penalty of not more than two hundred fifty dollars.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-710, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-720 Citation on illegally parked vehicle.

Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this chapter, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-720, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-730 Failure to comply with traffic citation attached to parked vehicle.

If a violator of any provision of this chapter on stopping, standing, or parking does not appear in response to a traffic citation affixed to such motor vehicle within a period of five days, the clerk of the traffic court shall send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him/her of the violation and warning him/her that in the event such letter is disregarded for a period of five days, a warrant of arrest will be issued.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-730, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-740 Presumption in reference to illegal parking.

(1) In any prosecution charging a violation of any law or regulation governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such violation, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

(2) The foregoing stated presumption shall apply only when the procedure as prescribed in WAC 308-330-720 and 308-330-730 has been followed.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-740, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-800 RCW sections adopted—Traffic control devices.

The following sections of the Revised Code of Washington (RCW) pertaining to traffic control devices as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 47.36.005, 47.36.060, 47.36.110, 47.36.141, 47.36.180, 47.36.200, 47.36.210, 47.36.220, 47.36.230, and 47.36.250.

History

Statutory Authority: RCW 46.90.010. WSR 04-18-061, § 308-330-800, filed 8/27/04, effective 9/27/04
WSR 97-10-068, § 308-330-800, filed 5/5/97, effective 6/5/97
WSR 94-01-082, § 308-330-800, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-810 RCW sections adopted—Limited access facilities.

The following sections of the Revised Code of Washington (RCW) pertaining to limited access facilities as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 47.52.010, 47.52.011, 47.52.040, 47.52.110, and 47.52.120.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-810, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-815 RCW sections adopted—Alcoholic beverage control.

The following sections of the Revised Code of Washington (RCW) pertaining to drinking in public conveyance as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 66.44.240 and 66.44.250.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-815, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-820 RCW sections adopted—Guide and service dogs.

The following sections of the Revised Code of Washington (RCW) pertaining to guide and service dogs as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 70.84.020, 70.84.021, and 70.84.040.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-820, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-825 RCW sections adopted—Littering.

The following section of the Revised Code of Washington (RCW) pertaining to littering as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 70.93.030, 70.93.050, 70.93.060, and 70.93.097.

History

Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-825, filed 5/5/97, effective 6/5/97
WSR 94-01-082, § 308-330-825, filed 12/13/93, effective 7/1/94.

Wash. Admin. Code § 308-330-910 Uniformity of interpretation.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those local authorities which enact it.

History

Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-910, filed 12/13/93, effective 7/1/94.

Chapter 308-391 Uniform Commercial Code, Article 9.

Wash. Admin. Code § 308-391-100 Definitions.

Terms used in these filing office rules but not defined below shall have the same meanings as those terms in chapter 62A.9A RCW.

(1) "Active record" means a UCC record that has been stored in the UCC information management system and indexed in, but not yet removed from, the searchable indexes.

(2) "Address" means information provided as an address on a UCC record as long as it includes at least a city and a state or foreign country.

(3) "Amendment" means a UCC record that amends the information contained in a financing statement. Amendments include assignments, continuations and terminations.

(4) "Assignment" is an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement.

(5) "Correction statement" means a UCC record that indicates a financing statement is inaccurate or wrongfully filed.

(6) "Filing office" and "filing officer" mean the director of the department of licensing or designee.

(7) "Filing officer statement" means a statement entered into the filing office's information system to correct an error made by the filing office.

(8) "Initial financing statement" means a UCC record that causes the filing office to establish the initial record of filing of a financing statement.

(9) "Remitter" means a person who submits a UCC record and payment to the filing office for filing, whether the person is a filer or an agent of a filer responsible for submitting the record for filing. "Remitter" does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.

(10) "Searchable indexes" means the searchable index of individual debtor names and the searchable index of organization debtor names maintained in the UCC information management system.

(11) "Secured party of record" includes a secured party of record as defined in the UCC as well as the person who has been a secured party of record and an amendment has been filed to delete that person as a secured party of record.

(12) "UCC" means the Uniform Commercial Code as adopted in this state under chapter 62A.9A RCW.

(13) "UCC information management system" means the information management system used by the filing office to store, index, and retrieve information relating to financing statements and liens as described in these filing office rules.

(14) "UCC record" means an initial financing statement, an amendment, an assignment, a continuation statement, a termination statement, a filing officer statement, or a correction statement, and includes a record maintained by the filing office. The term does not refer exclusively to paper or paper-based writings.

(15) "Unlapsed record" means a UCC record that has been stored and indexed in the UCC information management system, which has not yet lapsed under RCW 62A.9A-515 with respect to all secured parties of record.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-100, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-101 Methods to deliver UCC records—Time of filing.

UCC records may be tendered for filing at the filing office as follows:

(1) Personal delivery at the filing office's street address. Delivery is accepted Monday through Friday except state holidays. Hours are posted on the filing office's website on the internet. The file time for a UCC record delivered by this method is when the UCC record is first examined by a filing officer for processing, even though the UCC record may not yet have been accepted for filing and subsequently may be rejected.

(2) Courier delivery at the filing office's street address. Delivery by courier is considered personal delivery under subsection (1) of this section and the same rules apply.

(3) Postal service delivery to the filing office's mailing address. The file time for a UCC record delivered by this method is when the UCC record is first examined by a filing officer for processing, even though the UCC record may not yet have been accepted for filing and subsequently may be rejected.

(4) Electronic mail and telefacsimile delivery are not accepted.

(5) Electronic filing. UCC records may be transmitted electronically using the XML format prescribed by the filing office. The time of filing of a UCC record delivered by this method is the time the filing office's information management system determines that all the required elements of the transmission have been received in the required format.

(6) Direct web page data entry. UCC records may be delivered by online data entry using the filing office's website on the internet. The file time for a UCC record delivered by this method is the time the entry of all required elements of the UCC record in the proper format is acknowledged by the online entry system.

(7) Means of communication. Regardless of the method of delivery, information in UCC records communicated to the filing office must be machine readable and only in the form of characters included in the American National Standards Institute (ANSI) character set 0-255. Handwriting is not an acceptable means of completing any UCC form.

(8) Transmitting utility. The only means to indicate to the filing office that an initial financing statement is being filed against a debtor that is a transmitting utility, in order to affect the filing office's determination of lapse date, is to check the appropriate box on a UCC1 or by transmitting the information in the proper field in an electronic filing of the initial financing statement.

History

Statutory Authority: RCW 62A.9A-526. WSR 15-19-023, § 308-391-101, filed 9/4/15, effective 10/5/15. Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-101, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-102 Search request delivery.

UCC search requests may be delivered to the filing office by any of the means by which UCC records may be delivered to the filing office. A search request for a debtor named on an initial financing statement may be made on the initial financing statement if the initial financing statement is accepted for filing and the search fee is also tendered.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-102, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-103 Forms.

The filing office accepts only the forms prescribed by RCW 62A.9A-521, and paper-based forms approved by the International Association of Commercial Administrators, and forms otherwise approved by the filing office. Forms approved by the filing office are available on the UCC website.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-103, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-104 Fees.

(1) The nonrefundable processing fee for filing and indexing a UCC record is:

| filings | delivery mode | fee including surcharge | | --- | --- | --- | | Financing Statement | electronic | $23.00 | | Financing Statement Amendment | electronic | $23.00 | | UCC1 Financing Statement (1 or 2 pages) | mail | $30.00 | | UCC3 Financing Statement Amendment (1 or 2 pages) | mail | $30.00 | | UCC5 Correction Statement (1 or 2 pages) | mail | $30.00 | | Attachment | mail and electronic | $1.00 each page |

(2) UCC search fee. The nonrefundable fee for processing a UCC search request is:

| search type | delivery mode | fee | | --- | --- | --- | | Search by debtor name | electronic | No charge | | Search by file number | electronic | No charge | | Debtor name search with copies | electronic | $15.00 | | Search held to reflect the filing | electronic | $10.00/debtor name | | UCC11 Search response | mail | $10.00 | | UCC11 Search response with copies | mail | $15.00 | | Search held to reflect the filing (UCC1 box 7) | mail | $10.00/debtor name |

(3) The fees for purchase of bulk data are:

| bulk data | delivery mode | fee | | | --- | --- | --- | --- | | Full text | electronic | $500 | | | Text plus images | electronic | $1,000 | | | Weekly updates | electronic | $150 | |

History

Statutory Authority: RCW 62A.9A-526. WSR 20-22-111, § 308-391-104, filed 11/4/20, effective 12/5/20
WSR 16-13-004, § 308-391-104, filed 6/2/16, effective 7/3/16. Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-104, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-105 Expedited services.

Expedited services are not provided.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-105, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-106 Methods of payment.

Filing fees and search fees may be paid by the following methods:

(1) Cash. Payment in cash is accepted if paid in person at the filing office.

(2) Checks. Personal checks, cashier's checks, and money orders made payable to the filing office are accepted for payment provided that the drawer (or the issuer in the case of a cashier's check or money order) is deemed creditworthy by the filing office in its discretion. Checks may be made payable in an amount to be filled in by the filing office if the filing office is clearly authorized to fill in the amount.

(3) Electronic funds transfer. The filing office may accept payment via electronic funds transfer under National Automated Clearing House Association (NACHA) rules from remitters who have entered into appropriate NACHA-approved arrangements for electronic transfers with the UCC filing office and who authorize the relevant transfer under those arrangements and rules.

(4) Credit cards. The filing office accepts payment by credit cards issued by approved issuers. Remitters must provide the card number, the expiration date of the card, the name of the card issuer, the name of the person or entity to whom the card was issued, the billing address for the card, and any other information required by the filing office to complete the transaction. Payment will not be deemed tendered until the issuer or its agent has authorized payment. This method of payment is accepted for online services and in person at the public service counter.

(5) The filing office accepts payment for bulk data by check or electronic funds transfer, except weekly updates which must be paid by electronic funds transfer.

History

Statutory Authority: RCW 62A.9A-526. WSR 10-09-073, § 308-391-106, filed 4/19/10, effective 5/20/10. Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-106, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-107 Overpayment and underpayment policies.

(1) Overpayment. The filing office refunds the amount of an overpayment exceeding $9.99 to the remitter. The filing office refunds an overpayment of $9.99 or less only upon the written request of the remitter. The refund is mailed to the name and address provided in box B within thirty days under separate cover.

(2) Underpayment. Upon receipt of a UCC record or search request with an insufficient payment, the filing office returns a copy of the request to the name and address provided in box B. The processing fees paid under WAC 308-391-104 are not refundable and the remitter must submit a new payment.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-107, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-108 Public bulk records services.

Records filed at the UCC office are available in bulk electronic format to any member of the public on a nondiscriminatory basis. A reimbursable services agreement between the purchaser and the department must be established prior to purchase.

(1) Full text data. The data elements of all active records may be purchased monthly.

(2) Image data. Images of those records filed on paper since October 1, 2001, may be purchased monthly if purchased with full text data.

(3) Weekly updates. A purchaser may subscribe to receiving weekly updates of the records and images filed in the previous week.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-108, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-109 Fees for public records services.

Fees and payment methods for purchase of bulk data are identified in WAC 308-391-104.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-109, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-200 Role of the filing officer.

The duties and responsibilities of the filing officer are ministerial. In accepting for filing or refusing to file a UCC record under these rules, the filing officer does not:

• Determine the legal sufficiency or insufficiency of the UCC record;

• Determine that information in the record is correct or incorrect, in whole or in part; or

• Create a presumption that information in the UCC record is correct or incorrect, in whole or in part.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-200, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-201 Time schedule for filing a continuation statement.

(1) First day permitted.

(a) A continuation statement may be filed no earlier than six months preceding the date in which the financing statement would lapse. Example: If a financing statement will lapse on July 7th, the earliest the corresponding continuation statement may be filed is January 7th of the same year.

(b) If there is no corresponding date, the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse. Example: If a financing statement will lapse on October 31st, the earliest the corresponding continuation statement may be filed is April 30th. This rule is subject to the ability of the filing office to take delivery of the continuation statement.

(2) Last day permitted.

(a) The last day on which a continuation statement may be filed is the date upon which the related financing statement lapses. This rule is subject to the ability of the filing office to take delivery of the continuation statement. Accordingly, the time of filing of the continuation statement must occur on or prior to the last day. Delivery by certain means of communication may not be available on the last day if the filing office is not open for business or the online services are unavailable.

(b) The one exception to this rule pertains to a record which lapses on February 29th in a year when there is no February 29th. The last day on which a continuation statement may be filed is March 1st.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-201, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-202 Grounds for refusal.

In determining under RCW 62A.9A-516 whether or not there is one or more grounds to refuse a UCC record, the filing office will refuse a record for any of the following reasons:

(1) The financing statement does not provide an address that meets the minimum requirements for an address as set forth in these filing office rules.

(2) The information on the financing statement form is not machine-printed. However, attachments to the form may be handwritten.

(3) The financing statement form contains illegible information. Labels and imprints from ink stamps are considered illegible.

(4) The record is a nonconsensual common law lien, as provided in RCW 60.70.030.

(5) The record is outside the scope of UCC as provided in RCW 62A.9A-109.

(6) The debtor does not meet the definition of a transmitting utility as provided in RCW 62A.9A-102(80).

(7) The filer is not entitled to file under RCW 62A.9A-509.

History

Statutory Authority: RCW 62A.9A-526. WSR 15-19-023, § 308-391-202, filed 9/4/15, effective 10/5/15. Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-202, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-203 Procedure upon refusal.

(1) If the filing office finds grounds to refuse a UCC record, the filing office communicates the reason(s) for the refusal and other related information to the name and address provided in box C on the financing statement. The refusal notice will be communicated within two business days after the refused UCC record was received by the filing office, by mail or more expeditious means as the filing office shall determine. Records of refusal, including a copy of the refused UCC record and the ground(s) for refusal, are maintained until the first anniversary of the lapse date that applies or would have applied to the related financing statement, assuming that the refused record had been accepted and filed.

(2) If the filing office finds grounds to remove a UCC record, the filing office communicates the reason(s) for the removal and other related information to the name and address provided in box C on the financing statement. We will also send notification to the debtor(s) named on the financing statement and all bulk data purchasers.

History

Statutory Authority: RCW 62A.9A-526. WSR 15-19-023, § 308-391-203, filed 9/4/15, effective 10/5/15. Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-203, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-204 Refusal errors.

If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should not have been refused, the filing officer will file the UCC record with the filing date and time the UCC record was originally submitted for filing. A filing officer statement record relating to the initial financing statement is placed in the UCC information management system on the date that the corrective action was taken. The filing officer statement provides the date of the correction and explains the nature of the corrective action taken. The filing officer statement record is preserved for so long as the record of the initial financing statement is preserved in the UCC information management system.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-204, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-205 Notification of defects.

Nothing in these rules prevents a filing officer from communicating to a filer or a remitter that the filing officer noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so. The responsibility for the legal effectiveness of filing rests with filers and remitters and the filing office bears no responsibility for such effectiveness.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-205, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-300 General.

The filing office uses an information management system to store, index, and retrieve information relating to financing statements. The information management system includes an index of the names included on financing statements and liens that are in active records. The rules in this section describe the UCC information management system.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-300, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-301 Primary data elements.

The primary data elements used in the UCC information management system are the following:

(1) Identification numbers.

(a) Each initial financing statement or lien is identified by its unique file number. A record is created in the information management system for each initial financing statement or lien and all information comprising the record is maintained in the system. The record is identified by the same information assigned to the initial financing statement or lien.

(b) A UCC record other than an initial financing statement or lien is identified by a unique file number assigned by the UCC information management system. In the UCC information management system, all UCC records other than initial financing statements and liens are linked to the record of their related initial record.

(2) Type of record. The type of UCC record from which data is transferred is identified in the UCC information management system from information supplied by the remitter.

(3) Filing date and filing time. The filing date and filing time of UCC records are stored in the UCC information management system. Calculation of the lapse date of an initial financing statement is based upon the filing date.

(4) Identification of parties. The names and addresses of debtors and secured parties are transferred from UCC records to the UCC information management system.

(5) Page count. The total number of pages in a UCC record is maintained in the UCC information management system.

(6) Lapse indicator. An indicator is maintained by which the information management system identifies whether or not a financing statement will lapse and, if it does, when it will lapse.

(7) Indexes of names. The filing office maintains in the UCC information management system a searchable index of organization debtor names, a searchable index of individual debtor names, a searchable index of organization secured party names, and a searchable index of individual secured party names. The index is not a separate database but is comprised of records in the UCC information management system identified to be included in the searchable index.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-301, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-302 Individual debtor names.

For purposes of these rules, an "individual debtor name" is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an individual, without regard to the nature or character of the name or to the nature or character of the actual debtor.

(1) Individual name fields. Individual debtor names are stored in files that include only the individual debtor names, and not organization debtor names. Separate data entry fields are established for first (given), middle (given), and last names (surnames or family names) of individuals. The name of a debtor with a single name (e.g., "Cher") is treated as a last name and shall be entered in the last name field. The filing office assumes no responsibility for the accurate designation of the components of a name but shall accurately enter the data in accordance with the filer's designations.

(2) Titles, prefixes and suffixes. Titles, prefixes (e.g., "Ms.") and suffixes or indications of status (e.g., "M.D.") are not typically part of a debtor's name. However, when entering a "name" into the UCC information management system, the filing office will enter the data exactly as it appears in the fields.

(3) Truncation of individual names. Personal name fields in the UCC information management system are fixed in length. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing office, up to the maximum length of the data entry field. The lengths of data entry name fields are as follows:

(a) First name: 100 characters.

(b) Middle name: 100 characters.

(d) Suffix: 10 characters.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-302, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-303 Organization debtor names.

For purposes of these rules, an "organization debtor name" is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an organization, without regard to the nature or character of the name or to the nature or character of the actual debtor.

(1) Single field. Organization debtor names are stored in files that include only organization debtor names and not individual debtor names. A single field is used to store an organization debtor name.

(2) Truncation of organization names. The organization debtor name field in the UCC database is fixed in length. The maximum length is 300 characters. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing office, up to the maximum length of the organization debtor name field.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-303, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-304 Estates.

The debtor name to be provided on a financing statement for a debtor that is an estate is the name of the relevant decedent. In order for the information management system to function in accordance with the usual expectations of filers and searchers, the filer should provide the debtor name as an individual debtor name. However, the filing office will enter data submitted by a filer in the fields designated by the filer exactly as it appears in the fields.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-304, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-305 Trusts.

The debtor name provided for a debtor that is a trust or a trustee acting in respect of trust property is the name of the trust as set forth in its organic record(s), if the trust has such a name. If the trust does not have such a name, the name of the trust's settlor will be used for the debtor name. In order for the information management system to function in accordance with the usual expectations of filers and searchers, the name of a trust or of a settlor that is an organization is provided as an organization debtor name, and the name of a settlor who is an individual is provided as an individual debtor name, in each case without regard to the nature or character of the debtor. However, the filing office will enter data submitted by a filer in the fields designated by the filer exactly as it appears in the fields.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-305, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-306 Initial financing statement.

Upon filing an initial financing statement the status of the parties and the status of the financing statement will be as follows:

(1) Status of secured party. Each secured party named on an initial financing statement is a secured party of record, except that if the UCC record names an assignee, the secured party/assignor is not a secured party of record and the secured party/assignee is a secured party of record. Both names are indexed in the UCC information management system while the financing statement is an active record.

(2) Status of debtor. Each debtor name provided in the initial financing statement is indexed in the UCC information management system while the financing statement is an active record.

(3) Status of financing statement. The financing statement is an active record. A lapse date is calculated, five years from the file date, unless the initial financing statement indicates that it is filed against a transmitting utility, in which case there will be no lapse date.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-306, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-307 Amendments generally.

Filing an amendment does not change the status of the parties on the record.

(1) If an amendment adds a debtor or a secured party to the record, the new debtor or secured party is added to the appropriate index and associated with the record of the financing statement in the UCC information management system.

(2) An amendment that designates an assignee causes the assignee to be added as a secured party of record.

(3) If an amendment deletes a debtor or a secured party from a financing statement, no debtor or secured party of record is deleted from the UCC information management system. A deleted secured party will still be treated by the filing office as a secured party of record as the filing office cannot verify the effectiveness of an amendment.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-307, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-308 Continuation statement.

(1) Continuation of lapse date. Upon the timely filing of one or more continuation statements by any secured party(s) of record, the lapse date of the financing statement is postponed for five years. The lapse date is postponed once only, even if more than one continuation statement is filed within a given six-month period prior to a lapse date.

(2) Status. The filing of a continuation has no effect upon the status of any party to the financing statement or upon the status of the financing statement.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-308, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-309 Termination.

The filing of a termination has no effect upon the status of any party to the financing statement or upon the status of the financing statement.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-309, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-310 Correction statement.

The filing of a correction statement has no effect upon the status of any party to the financing statement, the status of the financing statement, or to the information maintained in the information management system.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-310, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-311 Filing officer statement.

A filing officer statement affects the status of parties and of the relevant financing statement as provided in the corrective action described in the filing officer statement.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-311, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-312 Procedure upon lapse.

If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date but no action is then taken by the filing office.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-312, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-313 Removal of record.

A financing statement must remain as an active record until at least one year after it lapses, or if it is indicated to be filed against a transmitting utility, until at least one year after it is terminated with respect to all secured parties of record. On or after the first anniversary of the lapse or termination date, the filing office or the UCC information management system may remove the financing statement and all related UCC records from the searchable indexes or from the UCC information management system and the removed UCC records will cease to be active records. UCC records removed from the UCC information management system cannot be retrieved.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-313, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-400 Errors of the filing office.

The filing office may correct data entry and indexing errors of filing office personnel in the UCC information management system at any time. If a correction is made to a record after the filing office has issued a search report with a through date and time on or after the filing date and time of the financing statement, the filing office will add a filing officer statement for that UCC record on the date that the corrective action was taken. The filing officer statement will provide the date and an explanation of the correction.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-400, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-401 Data entry.

Data provided on a paper-based form is keyed into the system exactly as it appears without regard to apparent errors. Data provided in electronic form is transferred to the information management system exactly as submitted by the remitter. The UCC information management system will not recognize characters outside the ANSI character set as described in WAC 308-391-101. The filing office may determine alternate characters or letters for nonstandard characters and will post these alternates on the website.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-401, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-402 Verification of data entry.

(1) The filing office verifies accuracy of the data entry performed by the filing officers of UCC records entered into the UCC information management system.

(2) Data entry performed by remitters in filing UCC records electronically is the responsibility of the remitter and is not verified by the filing office.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-402, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-403 Master amendments.

The filing office will not accept a master or global amendment to multiple records.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-403, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-404 Notice of bankruptcy.

The filing office takes no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-404, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-405 Redaction of certain information.

The filing office may be obliged to redact certain information from the information it provides to searchers and bulk data purchasers in accordance with applicable privacy and identity theft protection laws. Such information should not be included in UCC financing statements and may be redacted in accordance with those laws.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-405, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-500 General requirements.

The filing office maintains for public inspection a searchable index of all active records in the UCC information management system. Active records are retrievable by the name of the debtor, by the name of the secured party, or by the file number of the UCC record. Each active record related to an initial financing statement is retrieved with the initial financing statement. A search by file number does not retrieve related records.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-500, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-501 Search requests—Required information.

Search requests must include the following:

(1) Name to be searched. A search request must set forth the name to be searched using designated fields for organization and individual first, middle, and last names. A search request will be processed using the data and designated fields exactly as submitted, including the submission of no data in a given field, without regard to the nature or character of the debtor or secured party that is the subject of the search.

(2) Requesting party. The name and address of the person to whom the search results are to be sent.

(3) Fee. The appropriate fee shall be tendered by a method described in WAC 308-391-106.

(4) Search logic. The request shall specify if a search methodology other than that described in WAC 308-391-503 is to be applied in conducting the search. If no such methodology is specified, the one described in WAC 308-390-503 will be applied.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-501, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-502 Search requests—Optional information.

Search requests may include the following:

(1) The request may limit the UCC records that would normally be provided by requesting that results be limited to those UCC records that:

• Include a particular city in the debtor address;

• Were filed within a particular range of dates; or

• Relate to agricultural liens and non-UCC records only.

(2) Scope of search. A search request may ask for a search that reports all active records retrieved by the search rather than only unlapsed records retrieved by the search.

(3) Mode of delivery. The filing office will honor an online request to return the results by courier if the remitter provides a valid courier account number and the requested mode is available to the filing office.

(4) Search request with filing. If a filer requests a search at the time an initial financing statement is filed, by checking box 7 of the UCC1 or by marking the appropriate field on the online initial financing statement, the search request will be conducted as soon as it is possible to retrieve all relevant UCC records filed on or prior to the date the initial financing statement is filed. A fee is required for each debtor name searched.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-502, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-503 Search methodology.

Search results are produced by the application of search logic to the name presented to the filing office. Human judgment does not play a role in determining the results of the search.

(1) Standard search logic. The following rules describe the filing office's standard search logic and apply to all searches except for those where the search request specifies that a nonstandard search logic be used:

(a) There is no limit to the number of matches that may be returned in response to the search criteria.

(b) No distinction is made between upper and lower case letters.

(c) The character "&" (the ampersand) is deleted and replaced with the characters "and" in each place it appears in the name.

(d) Punctuation marks and accents are disregarded. Punctuation and accents include all characters other than the numerals 0 through 9 and the letters A through Z (in any case) of the English alphabet.

(e) The following words and abbreviations at the end of an organization name that indicate the existence or nature of the organization are "disregarded" to the extent practicable as determined by the filing office's programming of its UCC information management system:

ATTORNEYS AT LAW, MEDICAL DOCTORS PROFESSIONAL ASSOCIATION, PROFESSIONAL ASSOCIATION, NATIONAL ASSOCIATION, SAVINGS ASSOCIATION, MEDICAL DOCTORS PROFESSIONAL CORPORATION, PROFESSIONAL CORPORATION, SERVICE CORPORATION, PROFESSIONAL LIMITED LIABILITY COMPANY, LIMITED LIABILITY COMPANY" & ", PROFESSIONAL LIMITED LIABILITY CO, REGISTERED LIMITED LIABILITY PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP, LIMITED PARTNERSHIP, GENERAL PARTNERSHIP, AS TRUSTEE, REAL ESTATE INVESTMENT TRUST, BUSINESS TRUST, FEDERAL CREDIT UNION, CREDIT UNION, FEDERAL SAVINGS BANK" & ", NATIONAL BANK, SOLE PROPRIETORSHIP, GEN PART, PROF ASSN, PROF CORP, INCORPORATED, ASSOCIATION, CORPORATION, PARTNERSHIP, ASSOCIATES, CHARTERED, CHARTER, COMPANY, PARTNERS, RAILROAD, LIMITED, PARTSHP, TRUSTEE, AGENCY, ASSOC, TRUST, ASSN, ASSC, BANK, CORP, LTEE, L T E E" & ", MDPA, M D P A, MDPC, M D P C, PLLC, P L L C, REIT, R E I T, RLLP, L L L P, DBA, D B A, FCU, F C U, FSB, F S B, INC, LLP, L L P, LLC, L L C, LTD, SPA, S P A, CO, CU, C U, GP, G P, LC, L C, LP, L P, NA, N A, PA, P A, PC, P C, P S, PS, RR, SA, S A, SC, SP, S P

(f) The word "the" at the beginning of an organization debtor name is disregarded.

(g) All spaces are disregarded.

(h) For first and middle names of individual debtor names, initials are treated as the logical equivalent of all names that begin with those initials. For example, a search request for "John A. Smith" would cause the search to retrieve all records against all individual debtors with "John" or the initial "J" as the first name, "Smith" as the last name, and with the initial "A" or any name beginning with "A" in the middle name field.

A first name with no middle name or initial is equated with all middle names and initials. For example, if the search request were for "John Smith" (first and last names with no designation in the middle name field), the search would retrieve all records against an individual with "John" or the initial "J" as the first name, "Smith" as the last name, and with any name or initial, or no name or initial, in the middle name field.

(i) If the name being searched is the last name of an individual name without any first or middle name provided, the search will retrieve from the UCC information management system all unlapsed records or, if requested by the searcher, all active records with individual names that consist of only that last name.

(j) After using the preceding rules to modify the name being searched, the search will retrieve from the UCC information management system all unlapsed records, or, if requested by the searcher, all active records with names that, after being modified as provided in this rule, exactly match the modified name being searched.

(2) Nonstandard search logic. The filing office provides a flexible Browse Names tool to help the searcher narrow the search to one specific name for the standard search request. It helps identify UCC records filed under old laws or under other laws (like IRS liens). It also helps to find names with alternate spellings, abbreviations and other variations.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-503, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-504 Changes in standard search logic.

If the filing office changes its standard search logic or the implementation of its standard search logic in a manner that could alter search results, the filing office will provide public notice of the change.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-504, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-505 Search responses.

Reports created in response to a search request include the following:

(1) Copies. If copies are requested, copies of all UCC records retrieved by a debtor name search are provided unless only limited copies are requested by the searcher. Copies may reflect redaction of certain personal identifying information. The filing office cannot provide copies with a search by secured party name.

(2) Introductory information. The filing office includes the following information with a search response:

(a) Identification of the agency director responsible for the search report.

(b) Unique number that identifies the search report.

(d) The date on or prior to which a UCC record must have been filed with the filing office for it to be reflected on the search.

(e) Certification language: "The Director certifies that the following list and attached copies, if any, are a true and exact representation of all financing statements and non-UCC liens for the name searched, as filed with the Department of Licensing, Uniform Commercial Code Program, as of the through date shown above."

(f) Search logic disclaimer language: "A search limited to a particular city, range of dates, or file number may not reveal all records against a name searched. The searcher bears the risk of relying on such a search result."

(g) Name provided by the searcher to be searched.

(h) Search string. The name searched after modifications made as provided by WAC 308-391-503.

(i) Lien type searched. Identifies the types of records included: All UCC records, or Ag liens, or non-UCC records.

(j) Scope of search: Indicates whether it includes only unlapsed, or all active records.

(k) Search logic used: RA-9 standard search logic is used in all certified searches.

(l) Copies. When requested, copies of records will be attached to a certified search report, but the individual copies will not be certified. The requestor may specify certain copies related to one specific debtor name.

(3) Report. The body of the search report will contain the following:

(a) Identification of record. Identification of each initial financing statement and non-UCC lien, including a listing of all related amendments, correction statements, or filing officer notices, filed on or prior to the through date corresponding to the search criteria. Financing statement information includes, but is not limited to the following:

| 1 | | Initial financing statement or lien file number. | | --- | --- | --- | | 2 | | The date and time the financing statement or lien was filed. | | 3 | | The lapse date as calculated as of the through date and time. | | 4 | | The debtor name(s) that appear(s) on record. | | 5 | | The debtor address(es) that appear(s) on record. | | 6 | | The secured party name(s) that appear(s) on record. | | 7 | | The secured party address(es) that appear(s) on record. | | 8 | | An indication of the type of each amendment, if any. | | 9 | | The date and time each amendment was filed, if any. | | 10 | | The amendment file number of each amendment, if any. | | 11 | | The date and time a correction statement was filed, if any. | | 12 | | The date and time a filing officer statement was filed, if any. |

(b) A unique number assigned to the search report.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-505, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-601 Agricultural liens.

Agricultural liens are filed in the same manner as an initial financing statement. The filer shall designate the statement as an agricultural lien in box 5 of the UCC-1 form or the appropriate field online. The lien will be indexed by debtor name and will be revealed by searches as provided in WAC 308-391-505.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-601, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-602 Processor lien or preparer lien.

(1) A producer or commercial fisherman or wine producer may satisfy the condition in chapter 60.13 RCW that a statement evidencing the processor lien or preparer lien be filed under RCW 60.13.040 in a record, authenticated by the producer or fisherman, by using the same filing forms and procedures outlined in this chapter for filing a financing statement, and by satisfying the following additional statutory requirements prescribed in RCW 60.13.040:

(a) Designate the financing statement as a statement filed under RCW 60.13.040 evidencing the processor lien or preparer lien or wine producer lien by marking "Non-UCC Filing" (not AG-lien) in box 5, and by stating which type of lien is claimed in box 8.

(b) State the true amount or a reasonable estimate of the debt demanded after deducting all credits and offsets and the date on which payment was due for the agricultural product or fish to be charged with the lien in box 10 of the Addendum.

(c) State the name and address of the producer(s), processor(s), conditioner(s) or preparer(s) who received the agricultural product or fish to be charged with the lien in boxes 1, 2 and 11, as needed.

(d) State the name and address of the lien holder in box 3.

(e) Add a description sufficient to identify the agricultural product or fish to be charged with the lien in box 4.

(f) Include the statement that the amount claimed is a true and bona fide existing debt as of the date of the filing of the notice evidencing the lien, and the statement that the act of filing this notice constitutes the present intention of the producer or commercial fisherman that the statements there are true and adopted by the producer or commercial fisherman as their own in box 10 of the Addendum. If you cannot include all of the information required to be included in box 10, use the additional space provided in box 16 of the Addendum with a cross-reference that it is a continuation of the information to be added to box 10.

(2) Authentication. The authorized filing of the financing statement on the approved forms, containing the additional information, and in the manner that complies with the requirements of this section is deemed to be an authenticated record by the producer or commercial fisherman as required by RCW 60.13.040(2).

(3) Where to file. File in the department of licensing as provided in WAC 308-391-101.

(4) Fee. The fees are the same as provided in WAC 308-391-104.

(5) Duration. As provided in RCW 60.13.060(1), the wine producer or processor lien shall terminate twelve months after, and the preparer lien shall terminate fifty days after, the later of the date of attachment of the lien or filing of the statement, unless a suit to foreclose the lien has been filed before that time as provided in RCW 60.13.070. Thus a filed statement evidencing a processor lien or a preparer lien is not effective for five years, and need not, and may not be continued as provided in WAC 308-391-201.

(6) Mechanics of search. Crop liens claimed under chapter 60.11 RCW, processor liens or preparer liens or wine producer liens claimed under chapter 60.13 RCW for which statements have been filed in accordance with this rule, and financing statements filed under RCW 62A.9A-310 are revealed in a search as provided in WAC 308-391-505.

History

Statutory Authority: RCW 62A.9A-526 and 60.13.040. WSR 12-16-073, § 308-391-602, filed 7/31/12, effective 8/31/12. Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-602, filed 5/29/09, effective 6/29/09.

Wash. Admin. Code § 308-391-603 Notice of liens in favor of a governmental body.

Records of certain governmental liens are maintained by the filing office under statutes other than the UCC and are treated in a manner substantially similar to UCC records. These liens are included on all searches as provided in WAC 308-391-505:

(1) Notice of Federal Tax Lien, RCW 60.68.045;

(2) Criminal Profiteering Lien, RCW 9A.82.120 through 9A.82.140;

(3) Department of Justice Lien, RCW 60.68.015.

History

Statutory Authority: RCW 62A.9A-526, chapters 60.68, 60.13, and 9A.82 RCW. WSR 09-12-067, § 308-391-603, filed 5/29/09, effective 6/29/09.

Chapter 308-408 Home Inspector—Definitions.

Wash. Admin. Code § 308-408-010 Words and terms.

WAC 308-408-010

Words and terms used in these rules shall have the same meaning as each has under chapter 18.280 RCW unless otherwise clearly provided in these rules, or the context in which they are used in these rules clearly indicates that they be given some other meaning.

(1) "Classroom" means training that takes place in a setting where individuals receiving training are assembled together and learn through lectures, study papers, class discussion, textbook study, or other means of organized formal education techniques, such as video, closed circuit, or other forms of electronic means.

(2) "Comment" means the act of stating one's observations clearly within the home inspection report.

(3) "Cosmetic" describes the appearance or condition that does not impact the functionality.

(4) "Describe" means the act of stating one's observations clearly in the report through means of written and multimedia.

(5) "Distance education" means a delivery method in which instruction takes place in a setting other than a live classroom setting, the instructor and the student are in physically separate locations, and interactive instructional methods such as video-based instruction, computer conferencing, video conferencing, interactive audio, interactive computer software, correspondence or internet-based instruction are used.

(6) "Enter" means to physically go into an attic, crawlspace, or other area. Simply sticking one's head and shoulders into these areas is not entering.

(7) "Field training" is in addition to the 120 hours of classroom instruction and shall be done on actual inspection sites. Field training must include 40 hours of instruction with a minimum of five actual complete home inspections done to the standards of practice under the supervision of an inspector with four years licensure. The applicant will be required to complete written reports for each inspection, and the supervisor will review the reports and certify that they are in full compliance with the standards of practice. The 40 hours of supervised instruction will not include travel time to and from inspection, meals, and report writing time.

(8) "Interactive" means the course structure and technologies promote active student involvement with the course content, including the ability to:

(a) Access or bypass optional content, if applicable;

(b) Submit questions or answer test items, and receive direct feedback; and

Interactive instruction specifically excludes courses that only provide passive delivery of instructional content.

(9) "Passive" means there is no required or actual interaction or feedback between the student and instructor.

(10) "Preinspection agreement" is a written contract provided by the home inspector and signed by the client and home inspector outlining the scope of work to be performed by the licensed home inspector following the standards of practice.

(11) "Preoffer consultation" is a verbal report that is limited in scope performed by a licensed home inspector. A preinspection agreement must be signed by the client and describe the limited scope of the consultation. This preoffer consultation is conducted only prior to mutual acceptance. "Mutual acceptance" takes place when a seller and a buyer come to a written agreement for the purchase of property.

(12) "Readily accessible" means available for visual inspection without requiring moving personal property, dismantling, destructive measures, or any action that likely will involve risk to persons or property.

(13) "Record" means the act of stating one's observations clearly in the report.

(14) "Report" means the act of stating one's observations clearly in the report.

(15) "Standard home inspection" is a prelisting or presale written report that contains all or most of the components listed in the standards of practice. The components must be listed in the preinspection agreement. This standard home inspection report cannot be delivered verbally and must be in writing.

(16) "Technically exhaustive" is an investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations or other means.

(17) "Traverse" means the act of physically moving through a crawlspace or attic or over the surface of a roof during an inspection when it is safe to do so.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408-010, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408-010, filed 6/3/09, effective 7/4/09.

Chapter 308-408A Home Inspector—Licensing.

Wash. Admin. Code § 308-408A-020 Application process to take examination.

This section does not apply to applicants for a home inspector's license who are actively licensed in another jurisdiction or were so licensed in the preceding six months in accordance with WAC 308-408A-040.

(1) Any person desiring to take an examination for a home inspector's license, except applicants who have received clock hours in another jurisdiction that have not been approved by the department, or applicants who are requesting substitution of clock hours per WAC 308-408A-050, shall telephone the testing service up to one day prior to the desired test date to schedule and pay for an examination by cashier's check, certified check, money order, credit card, debit card, e-checks, or money voucher to the testing service. On the day of the examination, the candidate shall submit a completed examination application that has been approved by the department to the testing service. This approval is valid for six months from the date of the approval letter. If the approval expires, the candidate must apply to be reapproved. Approval is granted upon successful completion of a one hundred twenty hour course in fundamentals of home inspection and proof of forty hours of field training approved by the department. The candidate must pass a course examination approved by the director. This course and the required field training must be completed within two years prior to applying for the home inspector's license examination.

(2) The candidate will be able to schedule an examination date up to one day prior to their desired test date. Candidates requesting a morning or afternoon test session will be scheduled immediately for an examination and will be provided with a registration number confirming their reservation. On the day of the examination, the candidate shall submit the verified examination application document to the testing service approved by the department.

(3) A candidate shall be assessed the full examination fee for any examination in which the candidate fails to provide two days' notice to the testing service for changing their examination date or for failing to arrive and take a scheduled examination at the time the examination is scheduled or rescheduled.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408A-020, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408A-030 Successful applicants must apply for license.

Examination results are valid for one year only. Any person who has passed the examination for home inspector licensure must become licensed within one year from the date of such examination. Failure to comply with this provision will necessitate the taking and passing of another examination.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408A-030, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408A-040 Application for home inspector examination, licensed in another jurisdiction.

(1) Any person applying for a home inspector examination who has been licensed and actively practices as a home inspector for two years in the last four years in another jurisdiction that meets or exceeds the requirements under chapter 18.280 RCW and has maintained his or her license in good standing is eligible to take the Washington state portion of the examination.

(2) Any person applying to take the examination under this section shall submit an examination application approved by the department and shall submit evidence of licensure in good standing in another jurisdiction by a license verification form completed by an administrative officer of the licensure authority in such jurisdiction.

(3) After the qualifications for the examination have been verified by the department the candidate shall contact the testing service up to one day prior to the desired test date to schedule and pay for an examination. Candidates requesting a morning or afternoon test session shall be scheduled immediately for an examination and will be provided with a registration number confirming their reservation. On the day of the examination, the candidate shall submit at the test site the verified examination application.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408A-040, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408A-050 Substitution of clock hours.

(1) The director may allow for substitution of the clock hour requirements in RCW 18.280.070 if the individual is otherwise and similarly qualified by reason of completion of equivalent educational coursework in any institution of higher education or degree granting institution. Proof of a minimum of sixty hours of fundamentals of home inspection will qualify for a supplemental course to meet the one hundred twenty hour requirement.

(2) Individuals requesting approval of equivalent educational coursework shall submit a transcript of coursework completed from an institution of higher education or a degree granting institution together with an application for the license examination. The department may also require certification from an authorized representative of the institution of higher education or degree granting institution that the coursework satisfies the department's prescribed course content or curriculum and offered through classroom instruction for a given course(s).

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408A-050, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408A-060 Grading of examinations.

(1) To pass the home inspector examination a minimum scaled score of seventy is required on each portion. The home inspector examination shall consist of two portions:

(a) The national portion consisting of questions that test general home inspector practices; and

(b) The state portion consisting of questions that test on Washington laws and rules for home inspector licensing.

(2) A passing score for either portion of an examination shall be valid for a period not to exceed one year from the date of testing.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408A-060, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408A-070 Reexamination.

An applicant who has failed the full or any portion of the examination or failed to appear for a scheduled examination may apply for reexamination, provided the required reexamination fee is submitted. An applicant who has failed the full or any portion of the examination or failed to appear for a scheduled examination may apply for reexamination by contacting the testing service to schedule and pay for an examination by cashier's check, certified check, money order, credit card, debit card, e-checks, or money voucher to the testing service approved by the department.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408A-070, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408A-080 Examination procedures.

(1) Each applicant will be required to present one piece of positive identification which bears a photograph of the applicant. Failure to produce the required identification will result in the applicant being refused admission to the examination.

(2) Applicants will be required to refrain from:

(a) Talking to other examinees during the examination unless specifically directed or permitted to do so by a test monitor;

(b) Attempting to communicate or record any information;

(d) Removing test materials and/or notes from the testing room; and

(e) Disruptive behavior.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408A-080, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408A-090 Home inspector fees.

These fees are applicable to all original licenses, examination services, and fee generating services. The following fees shall be charged by professional licensing services of the department of licensing:

| TITLE OF FEE | FEE | | | | | --- | --- | --- | --- | --- | | Home Inspector: | | | | | | | Application/examination | $300 | | | | | Reexamination | | | | | | | Full | $300 | | | | | National portion | $250 | | | | | State portion | $125 | | | | Original license | $720 | | | | | License renewal | $415 | | | | | Late renewal penalty | $70 | | | | | Reinstatement penalty fine | $150 | | | | | Course review | $85 | | |

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-408A-090, filed 10/21/22, effective 11/22/22. Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408A-090, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408A-100 Home inspectors renewal—Expiration.

The minimum requirements for a home inspector to be issued the renewal of a license are that the home inspector:

(1) Has furnished proof of successful completion of twenty-four hours in instruction in courses approved by the board.

(2) Submit a renewal fee.

(3) If the application for a renewal is not received by the director on or before the renewal date, a penalty fee as prescribed by the director by rule shall be paid.

(4) The license of any person whose license renewal fee is not received within one year from the date of expiration shall be canceled. This person may obtain a new license by satisfying the procedure and requirements as prescribed by the director by rule.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408A-100, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408A-105 Reinstatement of a canceled license for nonpayment of renewal fee.

Any person desiring to be reinstated as a licensed home inspector within two years of cancellation may have their license reinstated by satisfying either of the following options:

(1) Submission of an application to the director providing proof of the following:

(a) Successful completion of twenty-four hours of approved home inspection coursework completed within one year preceding the application for reinstatement. A minimum of three clock hours must include a course(s) in Washington home inspector laws and regulations;

(b) Payment of all back renewal fees with penalty at the current rate; and

(2) Satisfy the procedures and qualifications for initial licensing, including the following:

(a) Successful completion of the home inspection licensing examination; and

(b) Successful completion of the fundamentals of home inspection course pursuant to RCW 18.280.070(2); and

(c) Proof of up to forty hours of field training supervised by a licensed home inspector as required by RCW 18.280.070(3).

(3) Former licensees canceled for nonpayment of fees for periods in excess of two years will be required to satisfy the requirements of subsection (2) of this section.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408A-105, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408A-110 Continuing education clock hour requirements.

A licensee shall submit to the department evidence of satisfactory completion of clock hours, pursuant to RCW 18.280.110, in the manner and on forms prescribed by the department.

(1) A licensee applying for renewal of a license shall submit evidence of completion of twenty-four hours of instruction in a course(s) approved by the board and commenced within twenty-four months of a licensee's renewal date.

(2) The twenty-four clock hours shall be satisfied by evidence of completion of approved home inspector courses as defined in WAC 308-408B-040.

(3) Courses for continuing education clock hour credit shall be commenced after issuance of a first license.

(4) Approved courses may be repeated for continuing education credit in subsequent renewal periods.

(5) Clock hour credit for continuing education shall not be accepted if: The course is not approved pursuant to chapters 308-408B WAC and 18.280 RCW.

(6) Instructors shall not receive clock hour credit for teaching or course development.

History

Statutory Authority: RCW 18.280.050. WSR 17-17-002, § 308-408A-110, filed 8/2/17, effective 9/2/17. Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408A-110, filed 6/3/09, effective 7/4/09.

Chapter 308-408B Home Inspector—Education and course approval.

Wash. Admin. Code § 308-408B-010 Course approval required.

(1) Any education provider or course developer must submit a course to the department for approval.

(2) Course approval by the department is required prior to the date on which the course is offered for clock hour credit.

(3) Each application for approval of a course shall be submitted to the department on the appropriate application form provided by the department.

(4) The director or designee shall approve, disapprove, or conditionally approve applications based upon criteria established by the board.

(5) Upon approval, disapproval or conditional approval, the applicant will be so advised in writing by the department. Notification of disapproval shall include the reasons therefor.

(6) Approval shall expire two years after the effective date of approval.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-010, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408B-020 Course titles reserved for prescribed curriculum courses.

Any education provider desiring to offer any prescribed curriculum courses shall utilize the most recent course curriculum prescribed by the department, and shall include in its title the phrase "fundamentals of home inspection" if submitted for approval for clock hours. No other courses shall use this phrase in their titles.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-020, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408B-030 Application process for previously approved courses.

(1) If there are no changes for a previously approved course in the course content or in the original course approval application or WAC 308-408B-040 affecting the topic areas or criteria for approval, the course will be approved upon receipt of a course renewal application and payment of the required fee for one renewal cycle only.

(2) If there are changes in course content or in the original course approval application for a previously approved course, other than updating for changes required by WAC 308-408B-050, the application will not be processed as a renewal, and will require completion of a course approval application and payment of the required fee.

(3) If a course renewal application or a course approval application is submitted at least thirty days prior to the current course expiration date, the previous course approval shall remain in effect until action is taken by the director.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-030, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408B-040 General requirements for course approval.

Courses shall meet one of the following requirements:

(1) Be offered by a private entity; or

(2) Be offered by a tax-supported, public technical or community college or other institution of higher learning that offers college credits; or

(3) Be offered by the Washington home inspector board; and

(4) Have a minimum of one hundred twenty hours of coursework or instruction for the student for prelicense; or

(5) Have a minimum of two hours of coursework or instruction for the student for continuing education. A clock-hour is a period of fifty minutes of actual instruction; and

(6) Provide practical information related to the practice of home inspection in any of the following home inspection topic areas:

(a) Department prescribed curricula for prelicense:

Fundamentals of home inspection.

(b) Continuing education:

(i) Communications;

(ii) Structures;

(iii) Plumbing;

(iv) Electrical;

(v) Heating;

(vi) Ventilation;

(vii) Air conditioning;

(viii) Law and business administration;

(ix) Current trends and issues;

(x) Exteriors;

(xi) Interiors;

(xii) Consumer protection;

(xiii) Report writing; and

(xiv) Environmental conditions or hazardous materials.

(7) Be under the supervision of an instructor, who shall, at a minimum, be available to respond to specific questions from students;

(8) The following types of courses will not be approved for clock hours:

(a) Mechanical office and business skills, such as, keyboarding, speed-reading, memory improvement, and grammar;

(b) Standardized software programs such as word processing, email, spreadsheets or databases; an example: A course specific to the reporting system necessary to deliver a home inspection would be acceptable, but a course teaching how to use a computer would not be acceptable;

(d) Personal and sales motivation courses or sales meetings held in conjunction with a licensee's general business;

(e) Courses that are designed or developed to serve other professions, unless each component of the curriculum and content specifically shows how a home inspector licensee can utilize the information in the practice of home inspection;

(f) Personal finance, etiquette, or motivational type courses;

(g) Courses that are designed to promote or offer to sell specific products or services to home inspector licensees such as warranty programs, client/customer database systems, software programs or other devices. Services or products can be offered during nonclock hour time, such as breaks or lunch time. Letterhead, logos, company names or other similar markings by itself, on course material are not considered promotional;

(h) Clock hours will not be awarded for any course time devoted to meals or transportation.

(9) Prelicense courses which are submitted for approval shall include a comprehensive examination(s) and answer key(s) of no fewer than two hundred questions, and a requirement of passing course grade of at least seventy percent; essay question examination keys shall identify the material to be tested and the points assigned for each question; an examination is not required for continuing education courses;

(10) Include textbook or instructional materials approved by the director, which shall be kept accurate and current;

(11) Not have a title which misleads the public as to the subject matter of the course;

(12) The provider's course application shall identify learning objectives and demonstrate how these are related to the practice of home inspection.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-040, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408B-050 Changes and updates in approved courses.

Course materials shall be updated no later than thirty days after the effective date of a change in federal, state, or local statutes or rules. Course materials shall also be updated no later than thirty days after changes in procedures or other revisions to the practice of home inspection which affect the validity or accuracy of the course material or instruction.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-050, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408B-060 Certificate of course completion.

Each education provider must issue a certificate of course completion within thirty days to students who have satisfactorily completed the course requirements. The certificate shall include the following information:

(1) Student's name;

(2) School's name;

(3) The course commencement date and completion date;

(4) Course title;

(5) Clock hours for the course;

(6) School administrator's signature;

(7) Course identification number issued by the department;

(8) Instructor name; and

(9) Completion of a required examination, if applicable.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-060, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408B-070 Courses offered in a symposium or conference format.

(2) Students must complete a minimum of two clock hours of instruction to receive clock hour credit.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-070, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408B-080 Disciplinary action—Procedures—Investigation.

(1) The department shall have the authority on its own motion or upon complaint made to it to investigate or audit any course to determine compliance with chapter 18.280 RCW and with the rules and regulations of this chapter.

(2) Complaints concerning approved courses should be made in writing to the department and contain the following information when appropriate:

(a) The complainant's name, address, and telephone number;

(b) School name, address, and telephone number;

(e) An explanation of what efforts if any, have been taken to resolve the problem with the school;

(f) Copies of pertinent documents, publications, and advertisements.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-080, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408B-090 Grounds for denial or withdrawal of course approval.

Course approval may be denied or withdrawn if the instructor or any owner, administrator or affiliated representative of a school, or a course provider or developer:

(1) Submits a false or incomplete course application or any other information required to be submitted to the department;

(2) Includes in its title the phrase "fundamentals of home inspection" if the course was not submitted for approval of clock hours pursuant to WAC 308-408B-020;

(3) If the title of the course misleads the public and/or licensees as to the subject matter of the course;

(4) If course materials are not updated within thirty days of the effective date of a change in the statute or rules;

(5) If course content or material changes are not submitted to the department for approval prior to the date of using the changed course content;

(6) Failed to meet the requirements under WAC 308-408B-040 and 308-408B-120;

(7) If a course or prescribed curriculum was approved through the mistake or inadvertence of the director.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-090, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408B-100 Hearing procedure.

Upon notice of course denial or disapproval or withdrawal of course approval, a person is entitled to a hearing conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW, and the provisions of WAC 308-408B-040. To exercise the right to a hearing under this section, a person must request a hearing within twenty days after receipt of the notice of denial, disapproval or withdrawal of course approval. Any person aggrieved by a final decision of the director or authorized representative of the director is entitled to judicial review under the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-100, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408B-110 Record retention.

(1) Each school shall maintain for a minimum of five years each student's record;

(2) A "student record" shall include:

(a) The name, address, and telephone number of the school;

(b) Full name, address, and telephone number of the student;

(d) Clock hour courses completed and examination results.

(3) Each school shall provide a copy of a student's record to the student or the department upon request.

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-110, filed 6/3/09, effective 7/4/09.

Wash. Admin. Code § 308-408B-120 Distance education delivery method approval required.

(1) Specify the course learning objectives for each learning unit and clearly demonstrate that the learning objectives cover the subject matter and how these relate to the practice of home inspection. Objectives must be specific to ensure that all content is covered adequately to ensure mastery;

(2) Demonstrate how mastery of the material is provided by:

(a) Dividing the material into major learning units, each of which divides the material into modules of instruction;

(c) Specifying an objective, quantitative criterion for mastering, used for each learning objective and provide a structured learning method designed to enable students to attain each objective.

(5) Demonstrate how the course provides a mechanism of individual remediation to correct any deficiencies identified during the instruction and assessment process;

(6) Measure, at regular intervals, the student's progress toward completion of the master requirement for each learning unit or module. In the case of computer-based instruction, the course software must include automatic shutdown after a period of inactivity;

(7) Demonstrate that instructors are available to answer questions regarding course content at reasonable times and by reasonable means, including in-person contact, individual and conference telephone calls, email and fax;

(9) Provide a complete description of any hardware, software, or other technology to be used by the provider and needed by the student to effectively engage in the delivery and completion of the course material and an assessment of the availability and adequacy of the equipment, software or other technologies to the achievement of the course's instructional claims;

(11) Demonstrate how the provider determined the number of clock hours requested in the distance education delivery method approval application; and

History

Statutory Authority: RCW 18.280.050 and 18.280. 18.280.060. WSR 09-13-001, § 308-408B-120, filed 6/3/09, effective 7/4/09.

Chapter 308-408C Home Inspector—Standards of practice.

Wash. Admin. Code § 308-408C-010 Standards of practice (SOP)—Purpose and scope.

WAC 308-408C-010

Violations of the following SOP and ethics are subject to disciplinary action under RCW 18.235.130.

The purpose of a home inspection is to assess the condition of the residence at the time of the inspection using visual observations, simple tools and normal homeowner operational controls; and to report conditions of specific systems and components. A home inspector is a generalist that identifies existing conditions in the home that may need to be referred to a specialist. Inspectors must perform all inspections in compliance with the SOP as set forth by the Washington state department of licensing.

A home inspection is not technically exhaustive and does not identify concealed conditions or latent defects. This SOP is applicable to buildings with four or fewer dwelling units and their attached garages or carports.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-010, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-010, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-020 Ethics—Statement of purpose.

WAC 308-408C-020

In order to ensure the integrity and high standard of skill and practice in the home inspection profession, the following rules of conduct and ethics shall be binding upon the licensed home inspector.

The home inspector must:

(1) Provide home inspection services that conform to the Washington state home inspectors' SOP.

(2) Provide a full written disclosure report, to the home inspector's client, of any business, familial, or financial relationships or other conflicts of interest between the home inspector and any other party to the transaction. Written disclosure is required prior to the client's signing of the preinspection agreement. Disclosure is required to ensure the consumer's right to freely pick a home inspector of the buyer's or seller's choice and prevent collusion between the home inspector and the parties to the transaction. Parties may include, but are not limited to, buyers, sellers, appraisers, real estate licensees, mortgage representatives, title companies, vendors and service contractors.

(3) Act as an unbiased party and discharge their duties with integrity and fidelity to the client.

(4) Perform services and express opinions based on genuine conviction and only within the inspector's area of education, training, or expertise.

(5) Not conduct a home inspection or prepare a home inspection report that knowingly minimizes, maximizes, compromises, or attempts to balance information about defects for the purpose of garnering future referrals.

(6) Not provide services that constitute the unauthorized practice of any profession that requires a special license when the inspector does not hold that license.

(7) A home inspection report is a unique and nontransferable document to each inspection and client, and an inspector shall not accept compensation for a home inspection from more than one party without written disclosure to the inspector's client(s).

(8) Not for one year after completion of the inspection repair, replace, or upgrade for compensation components or systems on any building inspected - This section applies to the inspector's firm and other employees or principals of that firm or affiliated firms.

(9) Not offer an inducement to any individual or entity by providing compensation or reward in exchange for performing an inspection.

(10) Not disclose information contained in the inspection report without client approval or as required by law. However, at their discretion inspectors may disclose when practical observed potential safety or health hazards to occupants or others that are exposed to such hazards.

(11) Not advertise previous experience in an associated trade as experience in the home inspection profession. An inspector's advertised inspection experience will reflect only the individual inspector's experience as a home inspector and inspectors shall not advertise, market or promote their home inspection services or qualifications in a fraudulent, false, deceptive or misleading manner.

(12) Not accept a home inspection referral or perform a home inspection when assignment of the inspection is contingent upon the inspector reporting predetermined conditions.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-020, filed 7/7/26, effective 8/7/26
WSR 18-12-109, § 308-408C-020, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-020, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-030 Exclusions and limitations.

WAC 308-408C-030

Inspectors are not required to:

(1) Determine the condition of any system or component that is not readily accessible; the remaining service life of any system or component; the strength, adequacy, effectiveness or efficiency of any system or component; causes of any condition or deficiency; methods, materials, or estimated cost of repairs; future conditions including, but not limited to, failure of systems and components.

(2) Comment on the suitability of the structure or property for any specialized use, compliance with codes, regulations, laws or ordinances.

(3) Report the presence of potentially hazardous plants or animals including, but not limited to, wood destroying insects or diseases harmful to humans; the presence of any environmental hazards including, but not limited to mold, toxins, carcinogens, noise, and contaminants in soil, water or air; the effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances.

(4) Determine the operating costs of any systems or components.

(5) Determine the acoustical properties of any systems or components.

(6) Operate any system or component that is shut down, not connected or is otherwise inoperable.

(7) Operate any system or component that does not respond to normal user controls.

(8) Operate any circuit breakers, water, gas or oil shutoff valves.

(9) Offer or perform any act or service contrary to law.

(10) Offer or perform engineering services or work in any trade or professional service other than home inspection.

(11) Offer, advertise, or provide warranties or guarantees specific to the quantity or quality of the inspection report unless clearly explained and agreed to by both parties in a preinspection agreement.

(12) Determine the existence of or inspect any underground items including, but not limited to, underground storage tanks or sprinkler systems.

(13) Inspect decorative items, or systems or components that are in areas not entered in accordance with the SOP.

(14) Inspect detached structures, common elements and areas of multiunit housing such as condominium properties or cooperative housing.

(15) Perform any procedure or operation that will, in the opinion of the inspector, likely be dangerous to the inspector or others or damage the property, its systems or components.

(16) Move suspended ceiling tiles, personal property, furniture, equipment, plants, soil, snow, ice or debris.

(17) Dismantle any system or component, except as explicitly required by the SOP.

(18) Enter flooded crawlspaces, attics that are not readily accessible, or any area that will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property, its systems or components.

(19) Inspect or comment on the condition of elevators or related equipment.

(20) Inspect or comment on the condition of swimming pools, hot tubs, saunas, sports courts or other similar equipment or related equipment.

Inspectors are not limited from examining other systems and components or including other inspection services. Likewise, if the inspector is qualified and willing to do so, an inspector may specify the type of repairs to be made.

An inspector may exclude those systems or components that a client specifically requests not to be included in the scope of the inspection or those areas that, in the opinion of the inspector, are inaccessible due to obstructions or conditions dangerous to the inspector. When systems or components designated for inspection under this SOP are excluded, the reason the item was excluded must be stated within the home inspection report.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-030, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-030, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-040 Recordkeeping.

WAC 308-408C-040

The inspector is required to maintain the following records for a period of three years:

(1) Preinspection agreements signed by the client and the home inspector, including any material correspondence pertaining to the subject property, for all home inspections performed.

(2) Home inspection reports, multimedia, and/or drawings.

(3) Timesheets or similar documentation used to establish proof of field training, when supervising a home inspector applicant/candidate.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-040, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-040, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-050 Contracts.

WAC 308-408C-050

A preinspection agreement is mandatory and as a minimum must contain or state:

(1) Address of property.

(2) Home inspector compensation.

(3) Home inspector's contact information.

(4) Home inspector's license number.

(5) General description of what the home inspector will and will not inspect. That description will include all items that the Washington state SOP requires to be inspected.

(6) A statement that the inspection does not include investigation of mold, asbestos, lead paint, water, soil, air quality or other environmental issues unless agreed to in writing in the preinspection agreement.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-050, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-050, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-060 Procedures.

WAC 308-408C-060

A home inspector must:

(1) Provide a copy of the preinspection agreement to the client or their representative prior to the inspection unless prevented by circumstances from doing so.

(2) Provide the client with a copy of the home inspection report according to the terms of the preinspection agreement.

(3) Return client's money related to a home inspection report when ordered to do so by a court.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-060, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-060, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-070 Structure.

WAC 308-408C-070

An inspection of the structure will include the visible foundation; floor framing; roof framing and decking; other support and substructure/superstructure components; stairs; ventilation (when applicable); and exposed concrete slabs in inspected garages, basements, crawl spaces, and habitable areas.

(1) The inspector will:

• Describe the type of building materials comprising the major structural components.

• Enter and traverse attics and subfloor crawlspaces where readily and safely accessible.

• Inspect

(a) The condition of visible, exposed foundations and grade slabs, walls, posts, piers, beams, joists, trusses, subfloors, chimney foundations, stairs and the visible roof structure and attic components.

(b) Subfloor crawlspaces and basements for indications of flooding and moisture penetration.

• Probe structural components where deterioration is suspected or where clear indications of possible deterioration exist. Probing is not required when probing will damage any finished surface or where no deterioration is suspected.

• Describe and identify any condition of these systems or components that may need to be referred to a specialist.

• Report all wood rot and pest-conducive conditions discovered. Inspectors are prohibited from identifying specific wood destroying insects (carpenter ants, termites, wood boring beetles, etc.) unless they are a currently licensed WA-SPI. When reporting a wood destroying insect infestation or pest-conducive condition, describe it in general terms such as "insect pests," "pest conditions," "wood destroying insects," etc.

• Refer all issues that are suspected to be insect related to a licensed structural pest inspector (SPI) or pest control operator (PCO) for follow up.

(2) The inspector is not required to:

• Enter

(a) Subfloor crawlspaces that require excavation or have an access opening less than 18 inches by 24 inches or headroom less than 18 inches beneath floor joists and 12 inches beneath girders (beams).

(b) Any areas that are not readily accessible due to obstructions, do not meet generally acceptable standards for clearances or have conditions which, in the inspector's opinion, are hazardous to the health and safety of the inspector or will cause damage to components of the home, including insulation.

• Move stored items or debris or perform excavation to gain access.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-070, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-070, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-080 Exterior.

WAC 308-408C-080

An inspection of the exterior includes the visible wall coverings, trim, protective coatings and sealants, windows and doors, attached porches, decks, steps, balconies, handrails, guardrails, carports, eaves, soffits, fascias and visible exterior portions of chimneys.

(1) The inspector will:

• Verify that steps, handrails, guardrails, stairways, and landings are installed wherever necessary and report when they are missing or in need of repair and report when guard spacing exceeds four inches or 4-3/8 inches on stairs.

• Describe the exterior components visible from ground level.

• Inspect visible wall coverings, trim, protective coatings and sealants, windows and doors, attached porches, decks, steps, balconies, handrails, guardrails, carports, eaves, soffits, fascias and visible exterior portions of chimneys.

• Probe exterior components where deterioration is suspected or where clear indications of possible deterioration exist. Probing is not required when probing will damage any finished surface or where no deterioration is suspected.

• Describe and identify any condition of these systems or components that may need to be referred to a specialist.

(2) The inspector is not required to:

• Inspect

(a) Buildings, decks, patios, fences, retaining walls, and other structures detached from the dwelling.

(b) The integrity of thermal window seals.

(c) Flues or verify the presence of flue liners beyond what can be safely and readily seen from the roof or the firebox of a stove or fireplace.

• Test or evaluate the operation of security locks, devices or systems.

• Enter areas beneath decks with less than five feet of clearance from the underside of joists to grade.

• Evaluate the function or condition of shutters, awnings, storm doors, storm windows, screens, and similar accessories.

• Identify the specific brand name or manufacturer of exterior siding or recalled items.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-080, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-080, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-090 Roofs.

WAC 308-408C-090

An inspection of the roof includes the roof covering materials; gutters and downspout systems; visible flashings; roof vents; skylights, and any other roof penetrations; and the portions of the chimneys and flues visible from the exterior.

(1) The inspector will:

• Traverse the roof to inspect it, or at the discretion of the home inspector, use alternate methods to inspect and report on condition.

• Inspect the gutters and downspout systems, visible flashings, soffits and fascias, skylights, and other roof penetrations.

• Report the manner in which the roof is ventilated.

• Describe the type and general condition of roof coverings.

• Report multiple layers of roofing when visible or readily apparent.

• Describe and identify any condition of these systems or components that may need to be referred to a specialist.

(2) The inspector is not required to:

• Traverse a roof where, in the opinion of the inspector, doing so can damage roofing materials or be unsafe. If the roof is not traversed, the alternate method used to inspect the roof must be reported.

• Remove snow, ice, debris or other material that obscures the roof surface or prevents access to the roof.

• Inspect gutter and downspout systems concealed within the structure; related underground drainage piping; and/or antennas, lightning arresters, or similar attachments.

• Operate powered roof ventilators.

• Predict remaining life expectancy of roof coverings.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-090, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-090, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-100 Plumbing system.

WAC 308-408C-100

An inspection of the plumbing system includes visible water supply lines; visible waste/soil and vent lines; fixtures and faucets; domestic hot water system and fuel source.

(1) The inspector will:

(a) Describe the visible water supply and distribution piping materials; drain, waste and vent materials, and water-heating equipment.

(b) Report

(i) The presence and functionality of sump pumps/waste ejector pumps when visible or confirm the float switch activates the pump when the sump is dry.

(ii) The presence and location of a main water shutoff valve and/or fuel shutoff valve(s), or report that they were not found.

(iii) The absence of the temperature and pressure relief (TPR) valve and associated piping.

(iv) Measure and record the hot water temperature in degrees Fahrenheit at a representative number of locations in the home and location when taken.

(c) Inspect the condition of accessible and visible water supply pipes, drain/waste plumbing and the domestic hot water system when possible.

(d) Operate fixtures in order to observe functional flow.

(e) Check for functional drainage from fixtures.

(f) Report the absence of seismic restraints on hot water tanks.

(g) Describe and identify any condition of these systems or components in the inspection report that may need to be referred to a specialist.

(2) The inspector is not required to:

(a) Operate any valves, including faucets of freestanding or built-in appliances or fixtures, if the outlet end of the valve or faucet is connected or intended to be connected to an appliance.

(b) Inspect

(i) Any system that is shut down or winterized.

(ii) Any plumbing components not readily accessible.

(iii) Floor drains and exterior drain systems including, but not limited to, exterior stairwell drains and driveway drains.

(iv) Fire sprinkler systems.

(v) Water-conditioning equipment, including softeners, filter systems, and instant hot water dispensers.

(vi) Private water supply systems.

(vii) Gas supply systems.

(viii) Interior components of exterior pumps or sealed sanitary waste lift systems.

(ix) Ancillary systems or components such as, but not limited to, those related to solar water heating and hot water circulation.

(i) Pressure or temperature/pressure relief valve.

(ii) Shower pans for leaks or use special equipment to test/scan shower or tub surrounds for moisture in surrounding substrate materials.

(iii) Overflows on all plumbing fixtures.

(d) Determine

(i) The potability of any water supply whether public or private.

(ii) The condition and operation of water wells and related pressure tanks and pumps.

(iii) The quantity of water from on-site water supplies.

(iv) The quality or the condition and operation of on-site sewage disposal systems such as waste ejector pumps, cesspools, septic tanks, drain fields, related underground piping, conduit, cisterns, and related equipment.

(e) Ignite pilot lights.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-100, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-100, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-110 Electrical system.

WAC 308-408C-110

The inspection of the electrical system includes the service drop through the service equipment; subpanels including feeders; branch circuits, connected devices, and lighting fixtures, as well as grounding and bonding of electrical components where visible/accessible.

(1) The inspector will:

(a) Describe in the report the type and rating of primary service, whether overhead or underground, voltage, amperage, over-current protection devices (fuses or breakers) and the type(s) of branch wiring used.

(b) Report

(i) The existence of a connected service-grounding conductor and service-grounding electrode when same can be determined.

(ii) When no connection to a service grounding electrode can be confirmed.

(c) Inspect the main and branch circuit conductors for proper over-current protection and condition by visual observation after removal of the readily accessible service equipment and panel cover(s).

(d) Report, the presence of electrical conductors known to be potentially hazardous and that a licensed electrical contractor should further evaluate the types and methods of branch wiring used.

(e) Verify

(i) The operation of a representative number of accessible switches, receptacles and light fixtures in every room.

(ii) The grounding and polarity of a representative number of receptacles in every room; particularly in close proximity to plumbing fixtures or at the exterior.

(f) Report the location of any inoperative, absent, or missing GFCI and/or AFCI devices when they are recommended and/or required by current industry standards. It is not a requirement to test GFCI and AFCI devices in occupied homes where doing so could adversely affect the occupant's possessions such as computers or freezers.

(g) Advise clients that homes without ground fault or arc fault protection should have GFCI and AFCI devices installed where recommended and/or required by current industry standards.

(h) Report on any service panel or subpanel, and fuse boxes known to have inherent safety risks based on either design or age.

(i) Describe and identify any condition of these systems or components that may need to be referred to a specialist.

(2) The inspector is not required to:

(a) Insert any tool, probe or testing device into the main or subpanels.

(b) Activate electrical systems or branch circuits that are not energized.

(c) Operate circuit breakers, service disconnects or remove fuses. It is not a requirement to test GFCI or AFCI devices in occupied homes where doing so could adversely affect the occupant's possessions such as computers or freezers.

(d) Inspect ancillary systems including, but not limited to:

(i) Timers.

(ii) Security systems.

(iii) Low voltage relays.

(iv) Smoke/heat/carbon monoxide detectors.

(v) Antennas.

(vi) Intercoms.

(vii) Electrical deicing tapes.

(viii) Lawn sprinkler wiring.

(ix) Swimming pool or spa wiring.

(x) Central vacuum systems.

(xi) Electrical equipment that's not readily accessible.

(e) Dismantle any electrical device or control, except for the removal of the deadfront covers from the main service panel and subpanels.

(f) Move any objects, furniture, or appliances to gain access to any electrical component.

(g) Remove switch and receptacle cover plates.

(h) Verify the continuity of connected service ground(s).

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-110, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-110, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-120 Heating system.

WAC 308-408C-120

The inspection of the heating system includes the fuel source; heating equipment; heating distribution; operating controls; flue pipes, chimneys and venting; auxiliary heating units.

(1) The inspector will:

(a) Describe the type of fuel, heating equipment, and heating distribution systems.

(b) Operate the system using normal readily accessible control devices. Heat pump systems can be tested in either heat pump or A/C mode and should include emergency heat mode testing when readily accessible from thermostat controls.

(d) Inspect

(i) The condition of normally operated controls and components of systems.

(ii) The condition and operation of furnaces, boilers, heat pumps, electrical central heating units and distribution systems.

(iii) Visible vent connector and vent pipes and related components to ensure functional operation and proper clearance from combustibles.

(iv) Each habitable space in the home to determine whether or not there is a functioning heat source present.

(v) Spaces where fossil fuel burning heating devices are located to ensure there is air for combustion.

(vi) Electric baseboard and in-wall heaters to ensure they are functional.

(e) Report any evidence that indicates the possible presence of an underground storage tank.

(f) Report any open flame combustion appliances/devices present in sleeping rooms.

(g) Describe and identify any condition of these systems or components that may need to be referred to a specialist.

(2) The inspector is not required to:

(a) Ignite pilot lights.

(b) Operate:

(i) Heating devices or systems that do not respond to normal controls or have been shut down.

(ii) Any heating system when circumstances are not conducive to safe operation or when doing so will damage the equipment.

(i) Heat exchangers concealed inside furnaces and boilers.

(ii) Any heating equipment that is not readily accessible.

(iii) The interior of chimneys and flues.

(iv) Installed heating system accessories, such as humidifiers, air purifiers, motorized dampers, heat reclaimers; solar heating systems; or concealed distribution systems.

(d) Remove covers or panels that are not readily accessible or removable.

(e) Dismantle any equipment, controls, or gauges except readily identifiable access covers designed to be removed by users.

(f) Evaluate whether the type of material used to insulate pipes, ducts, jackets and boilers is a health hazard.

(g) Determine:

(i) The capacity, adequacy, or efficiency of a heating system.

(ii) Determine adequacy of combustion air.

(h) Evaluate thermostats or controls other than to confirm that they actually turn a system on or off.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-120, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-120, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-130 Air conditioning systems/heat pumps.

WAC 308-408C-130

The inspection of the air conditioning system includes the cooling equipment; cooling distribution equipment and the operating controls.

(1) The inspector will:

(a) Describe the central air conditioning system and energy sources.

(b) Operate the system using normal control devices and document temperature changes. Heat pump systems can be tested in either heat pump or A/C mode and should include emergency heat mode testing when readily accessible from thermostat controls.

(d) Inspect the condition of controls and operative components of the complete system; conditions permitting.

(e) Report missing or damaged appliance disconnects.

(f) Describe and identify any condition of these systems or components in the inspection report that may need to be referred to a specialist.

(2) The inspector is not required to:

(a) Activate cooling systems that have been shut down.

(b) Inspect

(i) Gas-fired refrigeration systems.

(ii) Evaporative coolers.

(iii) Wall or window-mounted air-conditioning units.

(iv) The system for refrigerant leaks.

(d) Determine the efficiency, or adequacy of the system.

(e) Operate cooling system components if the exterior temperature is below sixty degrees Fahrenheit or when other circumstances are not conducive to safe operation or when doing so might damage the equipment.

(f) Remove covers or panels that are not readily accessible.

(g) Dismantle any equipment, controls, or gauges except readily identifiable access covers designed to be removed by users.

(h) Determine how much current the unit is drawing.

(i) Evaluate digital-type thermostats or controls.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-130, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-130, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-140 Interiors.

WAC 308-408C-140

The inspection of the interior includes the walls, ceilings, floors, windows, and doors; steps, stairways, balconies and railings.

(1) The inspector will:

(a) Verify

That steps, handrails, guardrails, stairways and landings are installed wherever necessary and report when they are missing or in need of repair and report when guard spacing exceeds four inches or 4-3/8 inches on stairs.

(b) Report

(i) The overall general condition of cabinets and countertops.

(ii) Caulking and grout at kitchen and bathroom counters.

(iii) The interior walls, ceilings, and floors for indicators of concealed structural deficiencies, water infiltration or major damage.

(iv) The condition and operation of all readily accessible windows and doors.

(v) On the absence of smoke detectors and carbon monoxide detectors.

(vi) On the absence of any emergency escape egress or the inability to access to test.

(vii) On the absence of any safety glass where potential hazards may exist.

(2) The inspector is not required to:

(a) Report on cosmetic conditions related to the condition of interior components.

(b) Verify whether all walls, floors, ceilings, doorways, cabinets and window openings are square, straight, level or plumb.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-140, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-140, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-150 Insulation and ventilation.

WAC 308-408C-150

The inspection of the insulation and ventilation includes the type and condition of the insulation and ventilation in viewable unfinished attics and subgrade areas as well as the installed mechanical ventilation systems.

(1) The inspector will:

• Inspect the insulation, ventilation and installed mechanical systems in viewable and accessible attics and unfinished subfloor areas.

• Describe the type of insulation in viewable and accessible unconditioned spaces.

• Report missing or inadequate vapor barriers in subfloor crawlspaces with earth floors.

• Report the absence of insulation at the interface between conditioned and unconditioned spaces where visible.

• Report the absence of insulation on heating system ductwork and supply plumbing in unconditioned spaces.

• Describe and identify any condition of these systems or components that may need to be referred to a specialist.

(2) The inspector is not required to:

• Determine the presence, extent, and type of insulation and vapor barriers concealed in the exterior walls.

• Determine the thickness or R-value of insulation above the ceiling, in the walls or below the floors.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-150, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-150, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-160 Fireplaces and stoves.

WAC 308-408C-160

Includes solid fuel and gas fireplaces, stoves, dampers, fireboxes and hearths.

(1) The inspector will:

• Describe fireplaces and stoves.

• Inspect accessible dampers, fireboxes, and hearths.

• Describe and identify any condition of these systems or components that may need to be referred to a specialist.

(2) The inspector is not required to:

• Inspect flues and verify the presence of flue liners beyond what can be safely and readily seen from the roof or the firebox of a stove or fireplace.

• Ignite fires in a fireplace or stove.

• Determine the adequacy of draft.

• Perform a chimney smoke test.

• Inspect any solid fuel device being operated at the time of the inspection.

• Evaluate the installation or adequacy of fireplace inserts.

• Evaluate modifications to a fireplace, stove, or chimney.

• Dismantle fireplaces or stoves to inspect fireboxes or remove rain caps to inspect chimney flues.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-160, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-160, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-170 Site.

WAC 308-408C-170

The inspection of the site includes the building perimeter, land grade, and water drainage directly adjacent to the foundation; trees and vegetation that adversely affect the structure; walks, grade steps, driveways, patios, and retaining walls contiguous with the structure.

(1) The inspector will:

(a) Describe the material used for driveways, walkways, patios and other flatwork around the home.

(b) Inspect

(i) The condition of the driveways, steps, walkways, patios, flatwork, and retaining walls contiguous with the structure.

(ii) For proper grading and drainage slope.

(iii) Vegetation in close proximity to the home.

(2) The inspector is not required to:

• Inspect fences, recreation/play structures, privacy walls, or retaining walls that are not contiguous with the structure.

• Report the condition of soil, trees, shrubs, or vegetation unless they adversely affect the structure.

• Evaluate hydrological or geological conditions.

• Determine the adequacy of bulkheads, seawalls, breakwalls, and docks.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-170, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-170, filed 3/20/09, effective 4/20/09.

Wash. Admin. Code § 308-408C-180 Attached garages or carports.

WAC 308-408C-180

The inspection of attached garages and carports includes their framing, siding, roof, doors, windows, and installed electrical/mechanical systems pertaining to the operation of the home.

(1) The inspector will:

• Inspect the condition and function of the overhead garage doors and associated hardware.

• Test the function of the garage door openers, their auto-reverse systems and secondary entrapment devices (photoelectric and edge sensors) when present.

• Inspect the condition and installation of any pedestrian doors.

• Inspect fire separation between the house and garage when applicable.

• Report on the absence of a bollard or other means of appliance protection in garage.

• Report as a fire hazard the presence of any ignition source (gas and electric water heaters, electrical receptacles, electronic air cleaners, motors of installed appliances, etc.) that is within eighteen inches of the garage floor.

• Describe and identify any condition of these systems or components that may need to be referred to a specialist.

(2) The inspector is not required to:

• Determine whether or not a solid core pedestrian door that is not labeled is fire rated.

• Verify the functionality of garage door opener remote controls.

• Move vehicles or personal property.

• Operate any equipment unless otherwise addressed in the SOP.

History

Statutory Authority: RCW 18.280.050 and 18.280.060. WSR 26-15-037, s 308-408C-180, filed 7/7/26, effective 8/7/26. Statutory Authority: RCW 18.280.050 and 18.280.060(6). WSR 09-08-014, § 308-408C-180, filed 3/20/09, effective 4/20/09.

Chapter 308-409 Appraisal management companies.

Wash. Admin. Code § 308-409-020 Application process to license as an appraisal management company.

(1) An entity applying for licensure as an appraisal management company shall present to the department:

(a) A completed licensure application form that complies with RCW 18.310.060;

(b) Completed registration forms for the owner(s) of ten percent or more of the company and controlling persons, including a designated controlling person;

(c) Fingerprint background checks that are identified to the appraisal management company program, for owner(s) of ten percent or more of the company and controlling person(s);

(i) An application submitted without the required fingerprint background check is considered incomplete.

(ii) If a fingerprint submission is rejected, the owner or controlling person must follow the department's authorized vendor's procedures for resubmitting fingerprints within twenty-one calendar days of the date the department notifies the applicant.

(iii) Failure to follow the vendor's fingerprint procedures within twenty-one days may result in a suspension of the appraisal management company license until the vendor's fingerprint procedures are followed. The applicant will be responsible for any fingerprinting fees due to the department's authorized vendor.

(iv) If the fingerprint submission is rejected, the applicant must pay a new fee for fingerprinting and background processing. After three failed submissions, the program may use other sources/methods to satisfy the background check requirement.

(d) Proof of surety bond; and

(e) Appropriate fees.

(2) A change in ownership or controlling person(s) of the appraisal management company will require the new owner(s) or controlling person(s) to submit owner or controlling person registration form(s) to the department together with fingerprint background check(s), that are identified to the appraisal management company program within fourteen business days of change.

(3) Appraisal management company applications for licensure and renewal must include:

(a) A certification under penalty of perjury to the department to include:

(i) Has the appraisal management company overseen a panel of sixteen or more licensed appraisers in Washington within one year immediately preceding application;

(ii) Has the appraisal management company overseen a panel of twenty-five or more licensed appraisers in more than one state within one year immediately preceding application;

(iii) Is the appraisal management company a federally regulated AMC.

(b) A report to the department providing the actual number of appraisers the appraisal management company has overseen on their panel within the one year immediately preceding the application; and

(c) A report to the department providing the number of appraisers on their appraisal management company panel that performed appraisals for covered transactions within one year immediately preceding the application. Covered transactions are any appraisals that were performed for consumer credit transactions secured by the consumer's principal dwelling unit.

History

Statutory Authority: RCW 18.310.020 (1) and (11). WSR 20-09-077, § 308-409-020, filed 4/14/20, effective 6/4/20. Statutory Authority: RCW 18.310.020 (1) and (11), 12 U.S.C. § 3353(d), and 12 C.F.R. § 226.42. WSR 16-21-061, § 308-409-020, filed 10/14/16, effective 11/14/16. Statutory Authority: RCW 18.310.020(1). WSR 11-24-067, § 308-409-020, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 308-409-030 Licensure and renewal.

(1) Each original and renewal license issued under chapter 18-310 RCW shall expire one year from date of issue.

(2) To be renewed as an appraisal management company, the holder of a valid license shall submit an application to include the information required in WAC 308-409-020(3) and pay the prescribed fee to the director no earlier than one hundred twenty days prior to the expiration date.

(3) If a company fails to renew a license prior to its expiration and no more than one year has passed since the company last held a valid license, the company may obtain a renewed license by paying the renewal fee and late renewal penalty fee.

(4) The director shall cancel the license of any company whose renewal fee is not received within one year from the date of expiration. A company may obtain a new license by applying for original licensure as an appraisal management company.

History

Statutory Authority: RCW 18.310.020 (1) and (11). WSR 20-09-077, § 308-409-030, filed 4/14/20, effective 6/4/20. Statutory Authority: RCW 18.310.020 (1) and (11), 12 U.S.C. § 3353(d), and 12 C.F.R. § 226.42. WSR 16-21-061, § 308-409-030, filed 10/14/16, effective 11/14/16. Statutory Authority: RCW 18.310.020(1). WSR 11-24-067, § 308-409-030, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 308-409-035 Surety bond requirements.

(1) All appraisal management companies must maintain surety bonds that conform to RCW 18.310.040 in an active status at all times during the period of licensure.

(2) The bond must provide that the surety will give the department of licensing and the licensee thirty days advance notice of cancellation or termination of the bond with the reason for the cancellation or termination; provided, that no such notice shall be required when the termination of the bond is due to the expiration or revocation of the subject license.

History

Statutory Authority: RCW 18.310.020(1). WSR 11-24-067, § 308-409-035, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 308-409-040 Business location and/or physical address and mailing address.

It is the responsibility of each licensed appraisal management company to notify the department of a change of business location and/or physical address and mailing address for receiving certified mail and service of documents. Change of address notification shall be made within fourteen business days of the change of address.

History

Statutory Authority: RCW 18.310.020(1). WSR 11-24-067, § 308-409-040, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 308-409-050 Fees and charges.

The following fees shall be paid under the provisions of chapter 18.310 RCW:

| Title of Fee | Fee | | | --- | --- | --- | | Original licensure | $1,200.00 | | | Renewal | 600.00 | | | Late renewal | 38.00 | | | Duplicate license | 30.00 | | | Fingerprint processing | per vendor schedule* | | | Appraisal management company national registry | 25.00 per appraiser on the AMC panel who performed an appraisal in a covered transaction as defined in WAC 308-409-020 (2)(c) ** | |

| * | Fees for the category marked with an asterisk are determined by contract with an outside vendor. | | --- | --- | | ** | Fees are initial licensure and renewal fees for an appraisal management company national registry in an amount determined by the appraisal subcommittee to be submitted by the state. Title XI requires each state to submit a roster listing of licensed appraisal management companies to the appraisal subcommittee. |

History

Statutory Authority: RCW 18.310.020 (1) and (11). WSR 20-09-077, § 308-409-050, filed 4/14/20, effective 6/4/20. Statutory Authority: RCW 18.310.020 (1) and (11), 12 U.S.C. § 3353(d), and 12 C.F.R. § 226.42. WSR 16-21-061, § 308-409-050, filed 10/14/16, effective 11/14/16. Statutory Authority: RCW 18.310.020(1). WSR 11-24-067, § 308-409-050, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 308-409-055 Required records—Accessibility of records to the department of licensing.

Appraisal management companies must retain records in accordance with RCW 18.310.130. Such records will be subject to random audit by the department without notice and must be readily available for inspection by a representative of the department.

History

Statutory Authority: RCW 18.310.020(1). WSR 11-24-067, § 308-409-055, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 308-409-060 Additional required records.

(1) An appraisal management company having been issued a license shall comply with the following:

(a)Shall maintain with the department the name and address of the designated controlling person for service of process and shall furnish in writing to the department any changes to the information on file within fourteen business days.

(b)An appraisal management company shall maintain a complete record of all requests for appraisal services referred to state licensed and certified appraisers as well as payments and dates of payments made to the appraisers and shall make such information available to the department upon written request. An appraisal management company's statement of recordkeeping certification upon registration with the division and biennially thereafter shall be signed by its designated controlling person and shall describe its system for maintaining a record of:

(i) The name of the appraiser who accepts each assignment and signs the corresponding appraisal report; or

(ii) If an assignment is accepted by an appraisal company, the name of the appraisal company that accepts the assignment.

(2) The appraisal management company shall make available to the department any and all records that are required to be maintained under RCW 18.310.130 and this section or records relevant to compliance with this chapter and other relevant statutes.

(3)At any time a document filed with the department becomes inaccurate, the appraisal management company shall promptly file with the department an amendment correcting that information within twenty-one business days.

(4)An appraisal management company shall, at all times, maintain a current list of its appraisal panel and shall provide a copy of that list to the department upon written request.

History

Statutory Authority: RCW 18.310.020(1). WSR 11-24-067, § 308-409-060, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 308-409-070 Required disclosure to appraisers.

When engaging the appraiser, the appraisal management company shall disclose to an appraiser, within their engagement documents, the state license number of the appraisal management company.

History

Statutory Authority: RCW 18.310.020(1). WSR 11-24-067, § 308-409-070, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 308-409-075 Standards of practice.

The standard of practice governing real estate appraisal activities coordinated by appraisal management companies will be the edition of the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation in effect on the date of the appraisal report. Appraisals coordinated by real estate appraisal management companies must comply with these standards of practice. A copy of the Uniform Standards of Professional Appraisal Practice is available for review and inspection at the office of the Real Estate Appraiser Unit Office, Olympia, Washington. The Uniform Standards of Professional Appraisal Practice is a copyright document. Copy of the full text may be obtained from the appraisal foundation at The Appraisal Foundation, P.O. Box 96734, Washington, DC 20090-6734.

History

Statutory Authority: RCW 18.310.020 (1) and (11). WSR 20-09-077, § 308-409-075, filed 4/14/20, effective 6/4/20.

Wash. Admin. Code § 308-409-080 Prohibitions.

(1) In addition to the unprofessional conduct described in RCW 18.235.130, and the actions described in RCW 18.310.150, the director may take disciplinary action for the following conduct, actions or conditions:

(a) Prohibiting or refusing to allow, or attempting to prohibit or refuse to allow the professional appraisal assistance of registered real estate appraiser trainees in appraisal services unless such action is required by the appraisal management company's client;

(b) The appraisal management company shall not permit any employee, agent, third party, or controlling principal to engage in any of the following activities:

(i) Require the appraiser to collect the appraisal fee from a borrower, homeowner, or third party or to accept a credit card payment;

(ii) Require the appraiser to provide the appraisal management company with the appraiser's digital signature or seal; or

(iii) Compensate an unlicensed appraisal management company for referrals of appraisal services.

(2) This section does not prohibit an appraisal management company or an individual with an interest in a real estate transaction from requesting an appraiser to:

(a) Consider additional appropriate property information including relevant sales comparables not considered in the initial appraisal report;

(b) Provide further detail, substantiation or explanation of the appraiser's value conclusion; or

History

Statutory Authority: RCW 18.310.020. WSR 24-13-033, § 308-409-080, filed 6/10/24, effective 7/11/24. Statutory Authority: RCW 18.310.020(1). WSR 11-24-067, § 308-409-080, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 308-409-090 Valuation independence standards.

(1) Appraisal management companies shall select an appraiser who is independent of the transaction and who has the requisite education, expertise, and experience necessary to competently complete the appraisal assignment for the particular market and property type; and

(2) Appraisal management companies shall conduct appraisal management services in accordance with the requirements of the Truth in Lending Act, 15 U.S.C. Secs. 1601-1667.

History

Statutory Authority: RCW 18.310.020 (1) and (11), 12 U.S.C. § 3353(d), and 12 C.F.R. § 226.42. WSR 16-21-061, § 308-409-090, filed 10/14/16, effective 11/14/16.

Wash. Admin. Code § 308-409-100 Appraisal reports—Alterations—Use.

The licensed appraisal management company shall not, under any circumstances remove data or portions thereof from the completed appraisal report for use in any form or for any reason.

History

Statutory Authority: RCW 18.310.020(1). WSR 11-24-067, § 308-409-100, filed 12/6/11, effective 1/6/12.

Chapter 308-420 Camping resorts—Contracts—Resale, etc.

Wash. Admin. Code § 308-420-020 Definitions.

(1) Words and terms used in these rules shall have the same meaning as each has in the Camping Resorts Act, (chapter 19.105 RCW).

(2) "Agency" means the department of licensing in the state of Washington.

(3) "Camping resort" shall be synonymous with "camping club," or "camp resort" whether or not structured as or involved with a common-interest entity, provided the method of structuring the project meets the definition of "camping resort" in RCW 19.105.300(1).

(4) "Camping resort program" means the rights and obligations of a purchaser and the methods and procedures for occupying or using camping resort facilities and properties, as established by the purchase contract and other written instruments, such as covenants, declarations, bylaws or rules.

(5) "Camping resort project" shall mean a camping resort and all of its parks, sites, properties and facilities, that are part of the program in which a purchaser receives use, occupancy, membership, or ownership rights.

(6) "Public offering statement" shall mean the written disclosures referred to in RCW 19.105.320 (1)(b) and 19.105.370.

(7) "Statement of record" shall mean all materials, not exclusive of others, including application forms, documents, exhibits, statements, the public offering statement, correspondence, and affidavits, filed with the agency, for registration purposes.

(8) "Advance fees" shall mean fees, funds, or consideration of any description, collected for any purpose from buyers or sellers of resale camping resort contracts, prior to the time of settlement of a purchase transaction.

(9) "Prospective purchaser" shall mean any person attending a sales presentation or touring a camping resort when such attendance results from an operator's solicitation or advertising.

(10) "Right to use or multiple use camping resort" shall mean a camping resort where the fee title or leasehold interest to the land remains with the operator and memberships are sold in excess of one membership to each camping site and usage is subject to operator established rules.

(11) "Common-interest camping resort" shall mean a member-owned entity which has the fee title or leasehold interest to the land in its own name and the memberships of the common interest entity are sold one membership to a specific camping site and the site usage is exclusive to the member.

(12) "Undivided interest camping resort" shall mean a camping resort entity which conveys the fee title or leasehold interest to the land to the member, and the memberships are sold in excess of one membership to each camping site and their usage is subject to the operator's established rules.

History

Statutory Authority: RCW 19.105.530(1), 43.24.023. WSR 03-03-054, § 308-420-020, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-020, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-015.

Wash. Admin. Code § 308-420-030 Reporting events that shall require that the operator keep written disclosures current.

(1) Not exclusive of others, the following are events that shall require that the operator provide the agency with notice and amendment to the public offering statement, pursuant to the provisions of RCW 19.105.420 for the purpose of keeping the public offering statement current:

(a) Any change or event causing information in the public offering statement to be outdated, incorrect, incomplete or deceptive.

(b) Any damage to the property or facilities of a camping resort which limits the use of the properties or facilities by the contract purchasers.

(c) Any hazard threatening the properties or facilities which presents a danger of injury to the contract purchasers or limits their use of properties or facilities.

(d) Any order or action by a local, state or federal regulatory agency in the granting, denial, revocation, or suspension of a permit or authorization affecting the camping resort properties or facilities which limits the use of the camping resort properties or facilities by the contract purchasers.

(e) The completion of promised facilities or the failure to complete promised facilities on a date or at the occurrence of an event, as promised.

(f) A bulk sale of the project or a significant portion of the project to another person.

(g) Changes in the provisions of instruments or documentation utilized to establish the camping resort program or a common-interest entity involved in the camping resort operations.

(h) Any change in the provisions or content of a purchase contract, deed, membership certificate or members handbook.

(i) Lawsuits filed or served, which name the operator, its affiliates or the project's common-interest entity and concern the provisions of the Camping Resorts Act (chapter 19.105 RCW) and rules or the financial condition of the operator or its affiliates, the project, or a common-interest entity.

(j) Changes in management, if the project or its amenities are managed by a common-interest entity.

(k) Any new contract, change in a contract, or termination of a contract with an outside reciprocal-use or exchange entity.

(l) Any proposed change in the ratio of contracts to be sold relative to the number of camp sites available.

(2) It shall be a violation of chapter 19.105 RCW and these rules for a registrant to have knowledge or cause the occurrence of an event specified in subsection (1) of this section, without providing timely notice of the event to the agency as required in RCW 19.105.420 and 19.105.360(3).

(3) Notice for the purpose of keeping the public offering statement current shall be accomplished by providing the agency with:

(a) Copies or prototypes of documents or other materials pertinent to the event.

(b) A cover letter explaining the event.

(c) A redraft of the public offering statement identifying the proposed corrections, deletions, or additions to the existing information.

History

Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-030, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-017.

Wash. Admin. Code § 308-420-040 Material events that are amendments requiring notice and a filing fee.

(1) Not exclusive of others, the following shall be events that will have a material effect on the conduct of the operation of a camping resort and require both notice to the agency and the submission of a filing fee.

(a) Any proposed sale or transfer, of an interest in the project or shares of stock of the registrant which results in a change of voting, management, or ownership control.

(b) Any removing, substituting, leasing, optioning, selling or withdrawing of existing properties, resorts, or facilities from the camping resort program.

(c) Any adding, deleting, or rearranging of camping sites or facilities within an existing camping resort in a manner that would reduce the size or change the number or quality of sites.

(d) Any adding of camping resorts, facilities or properties to any existing camping resort program and any purchase or acquisition of other camping resorts, facilities or properties by an operator or its affiliates.

(e) Any new encumbrances, liens or loans that affect the camping resort properties.

(f) A change in the status, provisions, or conditions of an escrow, trust, impound, reserve account or other security device being utilized to protect the interests of purchasers, whether or not impound or reserve accounts are required as a condition to registration under chapter 19.105 RCW.

(g) The filing by any person of any bankruptcy, receivership, or trustee action that involves any of the camping resort properties, the registrant, a common-interest entity or an affiliate, as a party to the action.

(h) The operator makes an initial offering of stock to the public.

(i) The refinancing of all or any part of the operator's debts affecting the project.

(j) Any change in the financial condition of the registrant, an affiliate, or a common-interest entity, if such change could result in an inability to provide promised sites, facilities, or services.

(2) Filing an amendment and reporting events that might have a material effect shall be accomplished by providing the agency with the following:

(a) Copies or prototypes of documents or other materials pertinent to the event.

(b) A cover letter explaining the event and any proposed amendment.

(c) A redraft of the public offering statement identifying the proposed corrections, deletions, or additions to the existing information.

History

Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-040, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-018.

Wash. Admin. Code § 308-420-050 Exemptions from registration—Noncommercial resale contract offerings.

As provided in RCW 19.105.325(2), the director exempts from the registration requirements of chapter 19.105 RCW the offering and selling of resale camping resort contracts by a common interest entity, entirely owned and operated by the purchasers of the camping resort contracts, which markets no more than ten resale camping resort contracts during any one calendar year period, provided that any such offering or selling is noncommercial in nature and that registration is not necessary for the protection of purchasers. Noncommercial shall mean that the common-interest entity is not primarily in the business of offering or selling camping resort contracts.

History

Statutory Authority: RCW 19.105.530(1), 43.24.023. WSR 03-03-054, § 308-420-050, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-050, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-022.

Wash. Admin. Code § 308-420-060 Statement of record—Filings and information required upon application for registration of start up camping resort projects and contract offerings.

(1) An application for registration of a start up contract offering shall be made by completing forms prepared for such purpose by the agency.

(2) The application, documents and information filed for registration purposes shall be referred to as the statement of record.

(3) The statement of record for a registration of a start up contract offering shall include the following:

(a) The prescribed filing fee.

(b) The completed application forms.

(i) A copy of any criminal conviction, including a guilty plea, within the last ten years, or any conviction that resulted in the applicant having to register as a sex offender regardless of whether the conviction is over ten years old.

(ii) A copy of any civil or administrative judgment or order involving dishonesty, fraud, or violation of any act designed to protect consumers that names the applicant or any of the applicant's affiliates as a party.

(d) A sample or prototype of any documents to be signed or initialed by and that commits purchasers. Such documents shall contain the cancellation notice required in RCW 19.105.390.

(e) Copies of all recorded or unrecorded encumbrances, mortgages, liens, deeds, leases, contracts, and any amendments thereto, that affect camping resort projects.

(f) A preliminary title report, dated within thirty days of application, covering all of the acreages, park sites, and areas on which facilities are located.

(g) Financial statements and information as required by WAC 308-420-110.

(h) If the registrant is other than a natural person, copies of relevant articles of incorporation, bylaws, partnership, or joint venture documentation.

(i) Promotional materials, including advertising and contract forms covering travel programs, discount programs, programs for the use or occupancy of in-park trailers or mobiles and those providing memberships in other recreational programs, if such materials or programs are to be utilized to promote sales of camping resort contracts or are to be offered to contract owners as part of the camping resort programs.

(j) Applications for and contracts of affiliation with any outside exchange or reciprocal-use entity.

(k) Whenever applicable to the structuring of the project, provide a copy or prototype of the following:

(i) Plats, maps, site plans, or surveys.

(ii) Water, sewerage, or land use authorizations or permits, or denial of permits of local jurisdictions.

(iii) Performance bonds, letters of credit, surety or guaranty agreements affecting the project or the program.

(iv) Trust or escrow arrangements affecting the project.

(v) Covenants or declarations affecting camping resort properties.

(vi) Agreements for the usage of amenities or facilities owned by persons other than operator.

(l) If the project involves a common-interest entity copies or prototypes of the following:

(i) Declaration and bylaws.

(ii) Rules and regulations.

(iii) Membership certificate and proxy forms.

(iv) Evidences of title to any personal property owned or to be owned by the association or purchasers collectively.

(v) Agreements for managing the properties.

(vi) Agreements for payment or subsidizing the payment of project operational expenses during the term of registrant marketing.

History

Statutory Authority: RCW 19.105.530(1), 43.24.023. WSR 03-03-054, § 308-420-060, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-060, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-025.

Wash. Admin. Code § 308-420-070 The public offering statement—Form, content, and preparation.

(1) The written disclosures provided for in RCW 19.105.320 (1)(b) and 19.105.370 shall be in a document to be known as the public offering statement.

(2) The public offering statement shall be prepared and promulgated in a form prescribed by the agency.

(3) Prior to approval of a registration or promulgation of the proposed public offering statement by the applicant, the applicant's draft for the public offering statement shall be reviewed by the agency to determine its completeness and accuracy.

(4) If the agency deems that sections or areas of the proposed public offering statement are incomplete, inaccurate, deceptive, or not presented in the proper format, the agency shall reject the proposed public offering statement and return it to the applicant for correction of noted deficiencies.

History

Statutory Authority: RCW 19.105.530(1), 43.24.023. WSR 03-03-054, § 308-420-070, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-070, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-027.

Wash. Admin. Code § 308-420-090 The public offering statement—Delivery to prospective purchasers.

(1) The operator or its agents shall provide all prospective purchasers with the agency-registered public offering statement prior to the completion of a sales presentation or a camping resort tour whether or not such persons purchase a camping resort contract.

(2) Any person who requests of an operator or its agents, a public offering statement, shall be provided the public offering statement, whether or not such person has received a solicitation.

(3) Any prospective purchaser who attends a sales presentation or tour of a camping resort, upon request of the prospective purchaser, shall be given a copy or prototype of the operator's camping resort contract, which the prospective purchaser may retain, whether or not there has been an actual purchase made. No fee shall be charged for this document.

(4) No fee may be charged for the initial copy of the public offering statement provided persons. A fee covering the operator's actual costs for production of the document may be charged for additional copies.

History

Statutory Authority: RCW 19.105.530(1), 43.24.023. WSR 03-03-054, § 308-420-090, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-090, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-032.

Wash. Admin. Code § 308-420-100 Purchaser cancellations of contracts—Prompt refund of funds and consideration.

(1) "Promptly" with reference to the refund and return of a person's funds and consideration, referred to in RCW 19.105.390 shall be as follows:

(a) For cash, cashiers checks, money orders, credit card slips held and not processed and other similar consideration, the operator or its agents shall make refunds within ten business days of a demand.

(b) For credit card purchases where the operator has processed the credit card slip(s) to the care of the credit card company, the operator shall notify the credit card company of a credit to the account of the purchaser within three business days of a demand.

(d) Within ten business days after demand, the operator or its agents shall give the purchaser evidence that the purchase commitment has been voided.

(2) No purchaser camping resort contract, promissory note or other evidences of debt may be sold, transferred, hypothecated or pledged by an operator until at least five business days after the termination of the statutory-prescribed cancellation term.

(3) No fees or charges may be made of a purchaser by an operator for use of written materials or camping resort facilities offered gratuitously prior to the cancellation request; however, nothing in this statement shall preclude an operator from requiring return of materials in the custody of a purchaser not including the public offering statement.

History

Statutory Authority: RCW 19.105.530(1), 43.24.023. WSR 03-03-054, § 308-420-100, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-100, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-035.

Wash. Admin. Code § 308-420-110 Financial statements and information.

(1) Financial statements provided by the applicant, reporting on the applicant as a business, shall be audited and prepared in accordance with generally accepted accounting principles by a public accountant independent of the operator or affiliate.

(2) The financial statements shall include a balance sheet, statements of income and changes in financial position for each of the three fiscal years preceding the date of application. For the period between the end of the previous fiscal year and the date of application, interim financial statements, for all calendar quarters covering the period sixty or more days prior to the date of application shall be submitted but need not be audited.

(3) In order to be assured of continued payment of the project operating expenses and the funding of capital improvement accounts for future repairs, replacement or refurbishment of depreciable properties and facilities, and for contingencies, the following financial statements, documentation or information, reporting on the financial operations of the resorts and its facilities, as distinguished from that financial information reporting on the applicant as a business, required in subsections (1) and (2) of this section, are to be provided to the agency:

(a) The location of and amounts in all capital improvement, reserve and contingency accounts.

(b) Financial statements including a balance sheet, statements of income and changes in financial position covering the camping resort operating income and expenses and funding of capital improvements, for each of the three fiscal years preceding the date of application, or for the preceding year for a renewal applicant.

(4) All applicants shall provide a statement concerning the liens and encumbrances affecting all camping resort properties and facilities in the camping resort program, and shall include the following information:

(a) The identity of the lien or encumbrance.

(b) The identity of the holder or owner of the lien or encumbrance.

(d) The original amount of each loan or encumbrance.

(e) The balance due and whether or not any payments are then in arrears.

(f) A schedule of amounts and dates payable or conditions of any future payments.

(g) If deemed necessary for the protection of purchasers, the agency may require reporting and confirmation of payments made on liens and encumbrances.

(5) For purposes of purchaser protection, the agency may require additional financial information in the event such information appears necessary to determine the requirements of RCW 19.105.340, and 19.105.350 or if grounds exist for administrative action under RCW 19.105.380.

(6) The agency may waive any or all of the financial information requirements of this section in the event such information does not appear necessary for purposes of determining whether an applicant must comply with RCW 19.105.340, 19.105.350 or if grounds exist for administrative action under RCW 19.105.380.

(7) The agency may require that the financial statements and information required in this section be consolidated with that of affiliates or other business endeavors if it appears necessary to do so for the protection of purchasers or to assist in the determination whether the applicant must comply with the requirements of RCW 19.105.340 and 19.105.350, or if grounds exist for administrative action under RCW 19.105.380.

History

Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-110, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-045.

Wash. Admin. Code § 308-420-120 Written disclaimer of endorsement.

The public offering statement and each advertisement or sales promotional literature required to be filed pursuant to RCW 19.105.360(1) or that is utilized by an operator, its agents or affiliates, shall contain, in a conspicuous location, the following statement in at least 10 point type:

THIS DOCUMENT HAS BEEN FILED WITH THE DEPARTMENT OF LICENSING, STATE OF WASHINGTON, AS REQUIRED BY WASHINGTON LAW. VALUE, QUALITY, OR CONDITIONS STATED, AND PERFORMANCE ON PROMISES ARE THE RESPONSIBILITY OF THE OPERATOR, NOT THE DEPARTMENT. THE FILING DOES NOT MEAN THAT THE DEPARTMENT HAS APPROVED THE MERITS OR QUALIFICATIONS OF ANY REGISTRATION, ADVERTISING, OR ANY GIFT, PRIZE, OR ITEM OF VALUE AS PART OF ANY PROMOTIONAL PLAN.

History

Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-120, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-055.

Wash. Admin. Code § 308-420-140 Receipt of written disclosures.

The camping resort operator or salesperson shall obtain from each person that tours a camping resort or attends a sales presentation, a signed statement evidencing receipt of the public offering statement. The operator shall retain each receipt for a period of at least three years from the date of signature thereon.

History

Statutory Authority: RCW 19.105.530(1), 43.24.023. WSR 03-03-054, § 308-420-140, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-140, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-070.

Wash. Admin. Code § 308-420-150 Depository.

Funds subject to an impound condition shall be placed in a separate trust account with a bank or depository institution approved by the director. A written consent of the depository to act in such capacity shall be filed with the director.

History

Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-150, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-080.

Wash. Admin. Code § 308-420-160 Operation of impound condition.

When an impound condition is imposed in connection with the registration of camping resort contracts, up to 100% of the proceeds and other funds as specified by the impound conditions shall, be placed with the depository within 48 hours after the cancellation periods prescribed in WAC 308-420-100 or the next banking day after the cancellation periods whichever is later, until the director takes further action pursuant to WAC 308-420-170.

History

Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-160, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-090.

Wash. Admin. Code § 308-420-170 Release of impounds.

The director or administrator will authorize the depository to release to the operator or others as provided in the terms of the impound, the amount of the impounded funds applicable to a specified purpose, upon a showing that the operator can satisfy their obligations under the camping resort contract and the impound arrangement or that for other reasons the impound is no longer required for the protection of the purchasers. An application for an order of the director or administrator authorizing the release of the impound to the operator or other persons shall be by affidavit and shall contain the following:

(1) A statement of the operator that all required proceeds and documents from the sale of camping resort contracts have been placed with the depository in accordance with the terms and conditions of the impound agreement.

(2) A statement of the depository signed by an appropriate officer setting forth the amount of funds placed, already disbursed and presently in the custody of the depository.

(3) The names of each contract purchaser and the amount held in the impound for each of the accounts.

(4) Such other information as the director may request.

History

Statutory Authority: RCW 18.235.030, 19.31.070, 19.105.530, 42.45.250, 64.36.270, chapters 19.31, 19.105, 42.45, and 64.36 RCW. WSR 26-04-128, s 308-420-170, filed 2/4/26, effective 3/7/26. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-170, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-100.

Wash. Admin. Code § 308-420-180 Fee for impound.

The director shall impose a fee for each impound or reserve required to be set up pursuant to RCW 19.105.340 and 19.105.350.

History

Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-180, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-105.

Wash. Admin. Code § 308-420-190 Renewals.

(1) Pursuant to RCW 19.105.420 an application for renewal shall be made on a form to be provided by the agency.

(2) It shall be the applicant's responsibility to procure forms and file them with the agency.

(3) The renewal application shall include the following:

(a) Affidavits by the operator stating whether or not there have been any changes in the information and documentation previously submitted for purposes of registration.

(b) Copies or prototypes of all amended, altered, or new documentation evidencing changes; the changes shall be underlined or referred to by footnotes.

(c) A draft of a proposed amended public offering statement evidencing changes; the changes shall be underlined or referred to by a cover letter calling the agency's attention to the proposed changes, additions to or deletions from the public offering statement previously accepted by the agency.

(d) A copy of all camping resort contract forms marked and underscored to reflect changes, additions or deletions.

(e) Financial statements and information as provided for in WAC 308-420-110 will be required to be submitted once every four years beginning from the original registration approval date or at any other time the department deems necessary to determine the financial stability of the company.

(f) Payment of fees as provided for in RCW 19.105.411.

(4) Failure of the renewal applicant to renew in a timely manner on or before the date of expiration, shall mean that the registration has expired. Upon expiration of registration the camping resort contracts are deemed not registered and the operator must register as a new applicant pursuant to the provisions of RCW 19.105.320 and WAC 308-420-060 and 308-420-070.

History

Statutory Authority: RCW 19.105.530(1), 43.24.023. WSR 03-03-054, § 308-420-190, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-190, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-115.

Wash. Admin. Code § 308-420-200 Salesperson registrations.

(1) Each applicant for registration as a camping resort salesperson shall register on a form prescribed by the agency and pay a filing fee as provided by the director.

(2) Registration as a camping resort salesperson shall be renewed annually or at the time the salesperson obtains employment by a camping resort operator subsequent to a termination of a employment by a camping resort operator, by the filing of a form prescribed by the agency and payment of the proscribed fee.

(3) The following information shall be provided on the original application or renewal of a camping resort salesperson's registration:

(a) A copy of any criminal conviction, including a guilty plea, within the last ten years, or any conviction that resulted in the applicant having to register as a sex offender regardless of whether the conviction is over ten years old.

(b) A copy of any civil or administrative judgment or order involving dishonesty, fraud, or violation of any act designed to protect consumers that names the applicant as a party.

(4) Upon the occurrence of any material change in the information contained in the registrant's file, each salesperson registrant shall promptly file with the agency an amendment to the salesperson registration file stating the change(s). The following shall be material changes requiring notice to the agency:

No later than twenty business days, upon being named a defendant or a party in any administrative, civil or criminal proceeding, the salesperson applicant shall promptly provide to the agency a notice of the proceeding and a copy of the complaint.

(5) Each operator of a camping resort whose camping resort contracts are registered with the agency, shall upon the termination of employment of a camping resort salesperson provide the department with a notice of termination and to return to the department the salesperson registration within ten days of the termination.

(6) The operator is responsible for posting the salesperson registration visible to the public on the premises where the salesperson is employed.

(7) As a condition of continued registration the salesperson registrant shall comply with the following:

(a) During the entire term of the registration the registrant is to be employed or engaged by an operator that is registered with the agency as an offeror of camping resort contracts, and the salesperson shall be offering contracts on behalf of or in the employment of such operator-registrant. Upon termination of employment with a registered camping resort operator, the salesperson registration is deemed to have expired.

(b) The salesperson shall cooperate fully with the agency in any investigation of alleged violations by the registrant, salesperson, or others, of the Camping Resort Act or these rules.

(c) It shall not be represented to any prospective purchaser that there is any form of a membership resale program for membership contracts being offered by the operator of the camping resort unless the same be true.

(8) Applications for registration or renewal that are for any reason defective or that are not legible shall be returned and the application shall be deemed not filed until the form is received by the agency with the deficiencies corrected.

(9) An application for renewal of a salesperson registration not filed in a timely manner or not received or acted upon by the agency prior to the expiration date shall be deemed by the agency as having expired. The salesperson must thereafter register as a new applicant for registration. Salespersons who have failed to make timely renewal applications shall not engage in camping resort activities. It is the salesperson's responsibility to secure the necessary forms and renew a registration in a timely manner. The agency shall not be responsible for applications lost in the mail or not timely received for other reasons.

History

Statutory Authority: RCW 19.105.530(1), 43.24.023. WSR 03-03-054, § 308-420-200, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-200, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-122.

Wash. Admin. Code § 308-420-210 Request for withdrawal of camping resort property.

A camping resort operator may request written approval from the director for authority to withdraw any substantial camping or recreation portion of any camping resort property devoted to camping or recreational activities pursuant to RCW 19.105.380 (1)(q)(iv) by filing with the director a request ninety days before the intended withdrawal date or such lesser time as the director may allow identifying the portion of the property to be withdrawn and stating the reasons for such withdrawal accompanied by copies of any materials or data supporting such reasons or the necessity for such withdrawal.

History

Statutory Authority: RCW 19.105.530(1), 43.24.023. WSR 03-03-054, § 308-420-210, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-210, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-130.

Wash. Admin. Code § 308-420-220 Advertisements.

(1) No camping resort operator or salesperson shall use advertisements or sales promotion literature that are deceptive, false, or misleading.

(2) Advertisements or sales promotion literature that offer any gift, prize, award, sweepstakes, premium, free items, or item of value as an inducement to the recipient to buy a camping resort membership, visit a camping resort property, complete a tour of a camping resort property, receive a sales presentation, or contact salespersons shall be subject to the following provisions:

(a) The name of the operator providing the services which are the subject of the advertisement or sales promotion shall appear on the front or first page of the offer. If the offer is made by an agent or independent contractor employed or authorized by the operator, or is made under a name other than the registered name of the operator, the name of the operator shall be more prominently and conspicuously displayed than the name of the agent, independent contractor, or other name.

(b) No item or promotion may be labeled gift, prize, award, sweepstakes, premium, free, or the like if the intended recipient is required to purchase a camping resort contract or expend any sum of money other than travel costs to attend a sales presentation or pay any shipping and handling charges to receive or redeem the item.

(c) The use of any printing styles, graphics, lay-outs, text, colors, or formats on envelopes or on the offer which implies, creates an appearance, or would lead a reasonable person to believe, that the offer originates from or is issued by or on behalf of a government or public agency, public utility, public organization, insurance company, credit reporting agency, bill collecting company or law firm, unless the same is true, is prohibited.

(d) All references to the size, quantity, identity, value, or quality of any incentive must be accurate and correct.

(e) All references to the odds of receiving any particular incentive must be accurate and correct.

(f) References that represent directly or by implication that the number of participants has been significantly limited or that any person has been selected to receive a particular incentive unless fact are prohibited.

(g) No offer shall be labeled a notice of termination or notice of cancellation.

(h) The offer, plan, program or the affiliation, connection, association, or contractual relationship between the person making the offer and the operator may not be represented if they are not the same.

(i) The advertisement or sales promotion literature shall identify each item and its retail fair market value. To determine the retail fair market value, the following methods may be used:

(i) Approximate retail sales price of the item in the trade area in which the offer is made; or

(ii) Approximate retail sales price in the trade area of similar items of comparable quality if the item is not available in the trade area in which the offer is made;

(iii) Appraisals adjusted to local retail fair market value;

(iv) Only if local retail fair market value cannot be determined by the methods set forth above then it may be established by multiplying by three the operator's actual cost of the item.

(j) If the item is one or more of a larger group, and if offered or given on a random basis, the advertisement or sales promotion literature must disclose the actual odds of receiving each item. The odds shall be stated in Arabic numerals in ratio form and if the odds are not printed on the front or first page of the offer, then the location of the odds must be disclosed on the front or first page in a type size that is equal to or larger than standard text type used on the front or first page of the offer.

(k) If receipt of the advertised item is contingent upon certain restrictions or qualifications which the recipient must meet, then a clear and complete disclosure of those restrictions and whether they apply to receipt of the gift or acceptability to buy into the program, must be made in the offer. Restrictions that must be disclosed include, but are not limited to the following:

(i) The deadline by which the recipient must buy a camping resort membership, visit a camping resort property, complete a tour of a camping resort property, receive a sales presentation, or contact a salesperson in order to receive an item, if any such deadline exists;

(ii) The days and hours during which visits may be made, tours may be taken, or sales presentations received and the approximate length in hours of such visits, tours or sales presentations if any visit, tour, or sales presentation is necessary in order for the recipient to receive the item; and

(iii) Any requirement such as age, marital status, financial qualifications, or that both husband and wife must be present.

(l) No camping resort operator or salesperson shall make any offer of an item when the operator or salesperson knows or has reason to know that the item is not readily available;

(m) Any restriction or requirement that time, money or effort must be expended by the recipient of an item in order for the recipient to use the item must be disclosed in the advertisement or sales promotion literature. Examples of such restrictions or requirements include any items that require assembly by the recipient, travel or other entertainment gifts or prizes for which there are limitations on the dates or times when the recipient may use the item, or which require nonrefundable reservation deposits or additional travel costs in order for the recipient to use the travel or other entertainment gift or prize.

(n) Provisions explaining any conditions to qualify for a gift, prize, award, sweepstakes, premium, free item, or any item of value must be in type at least equal to or larger than the average type size on the face page of the advertisement or sales promotion literature.

(3) Whenever one or more items are offered to a recipient as an inducement to buy a camping resort membership, visit a camping resort property, receive a sales presentation, or contact a salesperson such items shall be identified specifically and discussed as a group whenever mentioned.

(4) Nothing in this section shall affect the remedies of the director, attorney general, or any other person responding to advertisements or sales promotions if such advertisements or promotions are deceptive, false or misleading or otherwise in violation of chapter 19.105 RCW.

History

Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-220, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-140.

Wash. Admin. Code § 308-420-230 Rainchecks.

(1) In the event rainchecks, in lieu of an offered item are provided to recipients, a report will be due to the agency by the 10th of each month, listing all rainchecks outstanding as of the last day of the preceding month and indicating deliveries of any previously reported rainchecked items.

(2) All gifts, prizes, awards, sweepstakes, premiums, free items or other items, with the exception of the major incentives with odds of 1:1,000 or greater must be available for display to the recipient prior to the sales presentation. In the event rainchecks are to be presented, this fact must be announced prior to the tour or sales presentation.

History

Statutory Authority: RCW 19.105.530(1), 43.24.023. WSR 03-03-054, § 308-420-230, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-230, filed 12/17/90, effective 1/17/91.

Wash. Admin. Code § 308-420-240 Fees and charges.

The following fees shall be paid under the provisions of chapter 19.105 RCW:

| title of fee | fee | | | | --- | --- | --- | --- | | (1) | Original registration: | | | | | | One camping resort | $3,240.00 | | | | Each additional camping resort in this state | 1,040.00 | | (2) | Contract fees: | | | | | | One to five hundred contracts | 500.00 | | | | Each additional five hundred contracts, or fraction thereof | 100.00 | | (3) | Renewal fees: | | | | | | Annual renewal | 2,040.00 | | | | Each additional camping resort in this state | 840.00 | | | | Contract fees as described in subsection (2) of this section for each grouping of contracts: | | | | | One to five hundred contracts | 500.00 | | | | Each additional five hundred contracts, or fraction thereof | 100.00 | | | | Late renewal penalty | 840.00 | | (4) | Fees for amending registration and public offering statements: | | | | | | For each amendment of registration or the public offering statement, not requiring an examination of documentation for adding campground or additional contracts to registration | 50.00 | | | | Amendment for the establishment of an additional campground into the registration for which an examination of documents is required exclusive of any other fees | 1,500.00 | | | | Penalty fee for failure to file an amendment within thirty days of the occurrence of a material change as defined in WAC 308-420-030 or 308-420-040 | 100.00 | | (5) | Fees for impounds, escrows, trust and depositories: | | | | | | For each initial establishment of impound, escrow, trust or other arrangement requiring agency monitoring | 250.00 | | | | Each required periodic report | 20.00 | | (6) | Advertising filings: | | | | | | Each individual advertisement filed with the department | 100.00 | | | | Advertisement involving no examination of campground instruments and which are for the purpose of marketing surveys or feasibility studies | 75.00 | | (7) | Salesperson fees: | | | | | | Registration | 165.00 | | | | Renewal | 165.00 | | | | Transfer | 150.00 | | | | Print license fee | 5.00 | | (8) | Fees for exemptions and exemption applications: | | | | | | Review of application for exemption under RCW 19.105.320(2) | 150.00 | | (9) | All fees are nonrefundable after the application has been received. | | | | (10) | All fees shall be paid to the order of the Washington state treasurer. | | |

History

Statutory Authority: RCW 43.24.086. WSR 22-22-022, § 308-420-240, filed 10/21/22, effective 11/22/22. Statutory Authority: RCW 19.105.411, 43.24.086, and 2001 c 7. WSR 02-15-168, § 308-420-240, filed 7/23/02, effective 1/1/03. Statutory Authority: RCW 19.105.411 and 43.240.086. WSR 98-18-082, § 308-420-240, filed 9/1/98, effective 10/2/98. Statutory Authority: RCW 19.105.130. WSR 91-01-082, § 308-420-240, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-145.

Wash. Admin. Code § 308-420-250 Application of brief adjudicative proceedings.

The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request, and/or at the discretion of the director pursuant to RCW 34.05.482, for the categories of matters set forth below. Brief adjudicative proceedings will be limited to a determination of one or more of the following issues:

(1) Whether an applicant for a registration meets the minimum criteria for a registration as a camping resort, camping resort operator or camping resort salesperson in this state and the department proposes to deny the application;

(2) Whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department; and

(3) Whether a registration holder requesting renewal has submitted all required information and whether a registration holder meets minimum criteria for renewal.

History

Statutory Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c). WSR 97-10-048, § 308-420-250, filed 5/1/97, effective 6/1/97.

Wash. Admin. Code § 308-420-260 Preliminary record in brief adjudicative proceedings.

(1) The preliminary record with respect to an application for an original or renewal registration shall consist of:

(a) The application for the registration or renewal and all associated documents;

(b) All documents relied upon by the agency in proposing to deny the registration or renewal; and

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the registration holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the registration holder and the agency regarding compliance with the final order or agreement; and

(d) All documents relied upon by the agency showing that the registration holder has failed to comply with the previously issued final order or agreement.

History

Statutory Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c). WSR 97-10-048, § 308-420-260, filed 5/1/97, effective 6/1/97.

Wash. Admin. Code § 308-420-270 Conduct of brief adjudicative proceedings.

(1) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the director. The presiding officer for brief adjudicative proceedings shall not have personally participated in the decision which resulted in the request for a brief adjudicative proceeding.

(3) The presiding officer for brief adjudicative proceedings may, in their discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for the decision.

History

Statutory Authority: RCW 18.235.030, 19.31.070, 19.105.530, 42.45.250, 64.36.270, chapters 19.31, 19.105, 42.45, and 64.36 RCW. WSR 26-04-128, s 308-420-270, filed 2/4/26, effective 3/7/26. Statutory Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c). WSR 97-10-048, § 308-420-270, filed 5/1/97, effective 6/1/97.