reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.140 - Registration of franchise brokers required.

RCW 19.100.140
Registration of franchise brokers required.
(1) It is unlawful for any franchise broker to offer to sell or sell a franchise in this state unless the franchise broker is registered under this chapter. It is unlawful for any franchisor, subfranchisor, or franchisee to employ a franchise broker unless the franchise broker is registered.
(2) The franchise broker shall apply for registration by filing with the director an application together with a consent to service of process in such form as the director shall prescribe and payment of the fee prescribed in RCW 19.100.240.
(3) The application shall contain whatever information the director requires concerning such matters as:
(a) The applicant's form and place of organization.
(b) The applicant's proposed method of doing business.
(c) The qualifications and business history of the applicant.
(d) Any injunction or administrative order or conviction of a misdemeanor involving a security or any aspect of the securities business and any conviction of a felony; and
(e) The applicant's financial condition and history.
[ 1991 c 226 § 8; 1972 ex.s. c 116 § 9; 1971 ex.s. c 252 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.150 - Records and accounts—Reports.

RCW 19.100.150
Records and accounts—Reports.
Every person offering franchises for sale shall at all times keep and maintain a complete set of books, records, and accounts of such and the disposition of the proceeds thereof and shall thereafter at such times as are required by the director make and file in the office of the director a report setting forth the franchises sold by it, the proceeds derived therefrom, and the disposition thereof.
[ 1971 ex.s. c 252 § 15.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.160 - Application of chapter—Jurisdiction—Service of process—Consent.

RCW 19.100.160
Application of chapter—Jurisdiction—Service of process—Consent.
Any person who is engaged or hereafter engaged directly or indirectly in the sale or offer to sell a franchise or a subfranchise or in business dealings concerning a franchise, either in person or in any other form of communication, shall be subject to the provisions of this chapter, shall be amenable to the jurisdiction of the courts of this state and shall be amenable to the service of process under RCW 4.28.180, 4.28.185, and 19.86.160. Every applicant for registration of a franchise under this law (by other than a Washington corporation) shall file with the director in such form as he or she by rule prescribed, an irrevocable consent appointing the director or his or her successor in office to be his or her attorney, to receive service or any lawful process in any noncriminal suit, action, or proceeding against him or her or his or her successors, executor, or administrator which arises under this law or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing consent. A person who has filed such a consent in connection with a previous registration under this law need not file another. Service may be made by leaving a copy of the process in the office of the director but it is not as effective unless:
(1) The plaintiff, who may be the director, in a suit, action, or proceeding instituted by him or her forthwith sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at his or her last address on file with the director; and
(2) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further times the court allows.
[ 2011 c 336 § 561; 1991 c 226 § 9; 1971 ex.s. c 252 § 16.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.170 - Violations.

RCW 19.100.170
Violations.
It is unlawful for any person in connection with the offer, sale, or purchase of any franchise or subfranchise in this state directly or indirectly:
(1) To make any untrue statement of a material fact in any application, notice, or report filed with the director under this law or willfully to omit to state in any application, notice or report, any material fact which is required to be stated therein or fails to notify the director of any material change as required by RCW 19.100.070(3).
(2) To sell or offer to sell by means of any written or oral communication which includes an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made in light of the circumstances under which they were made not misleading.
(3) To employ any device, scheme, or artifice to defraud.
(4) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
(5) To violate any order of the director.
[ 1991 c 226 § 10; 1971 ex.s. c 252 § 17.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.184 - Terms and conditions from negotiations initiated by franchisee.

RCW 19.100.184
Terms and conditions from negotiations initiated by franchisee.
This chapter does not preclude negotiation of the terms and conditions of a franchise at the initiative of the franchisee, provided that such negotiated terms and conditions do not violate any provision of this chapter. After the initial offer to a franchisee using the disclosure document required by RCW 19.100.030, 19.100.040, or 19.100.070 a franchisor need not provide an amended disclosure document to that franchisee by reason of a change in the terms and conditions of a franchise being negotiated at the initiative of that franchisee or amend the registration by reason of such change.
[ 2012 c 121 § 8; 1991 c 226 s 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.190 - Unfair or deceptive acts—Suits for damages—Violations of other acts, use in evidence.

RCW 19.100.190
Unfair or deceptive acts—Suits for damages—Violations of other acts, use in evidence.
(1) The commission of any unfair or deceptive acts or practices or unfair methods of competition prohibited by RCW 19.100.180 as now or hereafter amended shall constitute an unfair or deceptive act or practice under the provisions of chapter 19.86 RCW.
(2) Any person who sells or offers to sell a franchise in violation of this chapter shall be liable to the franchisee or subfranchisor who may sue at law or in equity for damages caused thereby for rescission or other relief as the court may deem appropriate. In the case of a violation of RCW 19.100.170 rescission is not available to the plaintiff if the defendant proves that the plaintiff knew the facts concerning the untruth or omission or that the defendant exercised reasonable care and did not know or if he or she had exercised reasonable care would not have known of the untruth or omission.
(3) The suit authorized under subsection (2) of this section may be brought to recover the actual damages sustained by the plaintiff and the court may in its discretion increase the award of damages to an amount not to exceed three times the actual damages sustained: PROVIDED, That the prevailing party may in the discretion of the court recover the costs of said action including a reasonable attorneys' fee.
(4) Any person who becomes liable to make payments under this section may recover contributions as in cases of contracts from any persons who, if sued separately, would have been liable to make the same payment.
(5) A final judgment, order, or decree heretofore or hereafter rendered against a person in any civil, criminal, or administrative proceedings under the United States anti-trust laws, under the federal trade commission act, under the Washington state consumer protection act, or this chapter shall be regarded as evidence against such persons in any action brought by any party against such person under subsections (1) and (2) of this section as to all matters which said judgment or decree would be an estoppel between the parties thereto.
[ 2011 c 336 § 563; 1972 ex.s. c 116 § 11; 1971 ex.s. c 252 § 19.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.200 - Pendency of other proceedings tolls limitation of action.

RCW 19.100.200
Pendency of other proceedings tolls limitation of action.
The pendency of any civil, criminal, or administrative proceedings against a person brought by the federal or Washington state governments or any of their agencies under the anti-trust laws, the Federal Trade Commission Act, the Consumer Protection Act, or any federal or state act related to anti-trust laws or to franchising, or under this chapter shall toll the limitation of this action if the action is then instituted within one year after the final judgment or order in such proceedings: PROVIDED, That said limitation of actions shall in any case toll the law so long as there is actual concealment on the part of the person.
[ 1972 ex.s. c 116 § 12; 1971 ex.s. c 252 § 20.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.210 - Violations—Injunctions—Assurance of discontinuance—Civil and criminal penalties—Chapter nonexclusive.

RCW 19.100.210
Violations—Injunctions—Assurance of discontinuance—Civil and criminal penalties—Chapter nonexclusive.
(1) The attorney general or director may bring an action in the name of the state against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. The prevailing party may in the discretion of the court recover the costs of such action including a reasonable attorneys' fee.
(2) Every person who shall violate the terms of any injunction issued as in this chapter provided shall forfeit and pay a civil penalty of not more than twenty-five thousand dollars.
(3) Every person who violates RCW 19.100.020, 19.100.080, 19.100.150, and 19.100.170 shall forfeit a civil penalty of not more than two thousand dollars for each violation.
(4) For the purpose of this section the superior court issuing an injunction shall retain jurisdiction and the cause shall be continued and in such cases the attorney general or director acting in the name of the state may petition for the recovery of civil penalties.
(5) In the enforcement of this chapter, the attorney general or director may accept an assurance of discontinuance with the provisions of this chapter from any person deemed by the attorney general or director in violation hereof. Any such assurance shall be in writing, shall state that the person giving such assurance does not admit to any violation of this chapter or to any facts alleged by the attorney general or director, and shall be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his or her principal place of business, or in Thurston county. Proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of this chapter.
(6) Any person who willfully violates any provision of this chapter or who willfully violates any rule adopted or order issued under this chapter is guilty of a class B felony and shall upon conviction be fined not more than five thousand dollars or imprisoned for not more than ten years or both, but no person may be imprisoned for the violation of any rule or order if he or she proves that he or she had no knowledge of the rule or order. No indictment or information may be returned under this chapter more than five years after the alleged violation.
(7) Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime by statute or at common law.
[ 2003 c 53 § 151; 1980 c 63 § 2; 1979 ex.s. c 13 § 1; 1972 ex.s. c 116 § 13; 1971 ex.s. c 252 § 21.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.220 - Exceptions or exemptions—Burden of proof—Waivers of compliance void—Settlement release or waiver—Chapter as fundamental policy.

RCW 19.100.220
Exceptions or exemptions—Burden of proof—Waivers of compliance void—Settlement release or waiver—Chapter as fundamental policy.
(1) In any proceeding under this chapter, the burden of proving an exception from a definition or an exemption from registration is upon the person claiming it.
(2) Any agreement, condition, stipulation or provision, including a choice of law provision, purporting to bind any person to waive compliance with any provision of this chapter or any rule or order hereunder is void. A release or waiver executed by any person pursuant to a negotiated settlement in connection with a bona fide dispute between a franchisee and a franchisor, arising after their franchise agreement has taken effect, in which the person giving the release or waiver is represented by independent legal counsel, is not an agreement prohibited by this subsection.
(3) This chapter represents a fundamental policy of the state of Washington.
[ 1991 c 226 s 13; 1972 ex.s. c 116 s 14; 1971 ex.s. c 252 s 22.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.230 - Referral of evidence to attorney general or prosecuting attorney.

RCW 19.100.230
Referral of evidence to attorney general or prosecuting attorney.
The director may refer such evidence as may be available concerning violations of this chapter or any rule or order hereunder to the attorney general or the proper prosecuting attorney who may in his or her discretion with or without such a reference institute the appropriate criminal proceeding under this chapter.
[ 2011 c 336 § 564; 1971 ex.s. c 252 § 23.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.240 - Fees.

RCW 19.100.240
Fees.
The director shall charge and collect fees fixed by this section. All fees collected under this chapter shall be deposited in the state treasury and shall not be refundable except as herein provided:
(1) The fee for filing an application for registration on the sale of franchise under RCW 19.100.040 is six hundred dollars;
(2) The fee for filing an application for renewal of a registration under RCW 19.100.070 is one hundred dollars;
(3) The fee for filing an amendment to the application filed under RCW 19.100.040 is one hundred dollars;
(4) The fee for registration of a franchise broker shall be fifty dollars for original registration and twenty-five dollars for each annual renewal;
(5) The fee for filing a notice of claim of exemption is one hundred dollars for the original filing and one hundred dollars for each annual renewal.
[ 1991 c 226 § 14; 1971 ex.s. c 252 § 24.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.242 - Investigations by director.

RCW 19.100.242
Investigations by director.
The director, in the director's discretion, may: (1) Annually, or more frequently, make such public or private investigations within or without this state as the director deems necessary to determine whether any registration should be granted, denied, revoked, or suspended, or whether any person has violated or is about to violate a provision of this chapter or any rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms under this chapter; and (2) publish information concerning a violation of this chapter or a rule adopted or order issued under this chapter.
[ 1979 ex.s. c 13 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.243 - Subpoena authority—Application—Contents—Notice—Fees.

RCW 19.100.243
Subpoena authority—Application—Contents—Notice—Fees.
(1) The director or authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are located, or in Thurston county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or testimony; and
(c) Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the department's authority.
(2) When an application under this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony.
(3) The director or authorized assistants may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012(3).
[ 2011 c 93 § 3.]
NOTES:
Finding—Intent—2011 c 93: See note following RCW 18.44.425.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.245 - Investigatory powers—Proceedings for contempt.

RCW 19.100.245
Investigatory powers—Proceedings for contempt.
For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.
In case of wilful failure on the part of a person to comply with a subpoena lawfully issued by the director, or on the refusal of a witness to testify to matters regarding which the witness may be lawfully interrogated, the superior court of any county, on application of the director and after satisfactory evidence of wilful disobedience, may compel obedience by proceedings for contempt, as in the case of disobedience of a subpoena issued from the court or a refusal to testify therein.
[ 1979 ex.s. c 13 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.248 - Cease and desist orders.

RCW 19.100.248
Cease and desist orders.
If it appears to the director that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule adopted or order issued under this chapter, the director may, in the director's discretion, issue an order directing the person to cease and desist from continuing the act or practice. Reasonable notice of and opportunity for a hearing shall be given. The director may issue a temporary order pending the hearing, which shall remain in effect until ten days after the hearing is held and which shall become final if the person to whom notice is addressed does not request a hearing within twenty calendar days after the receipt of the notice.
[ 2012 c 121 § 10; 1979 ex.s. c 13 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.250 - Powers of director as to rules, forms, orders and defining terms—Interpretive opinions.

RCW 19.100.250
Powers of director as to rules, forms, orders and defining terms—Interpretive opinions.
The director may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this chapter including rules and forms governing applications and reports and defining any terms whether or not used in this chapter insofar as the definitions are consistent with this chapter. The director in his or her discretion may honor requests from interested persons for interpretive opinions.
[ 2011 c 336 § 565; 1972 ex.s. c 116 § 15; 1971 ex.s. c 252 § 25.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.252 - Denial, suspension, or revocation of franchise broker by director.

RCW 19.100.252
Denial, suspension, or revocation of franchise broker by director.
The director may by order deny, suspend, or revoke registration of any franchise broker if the director finds that the order is in the public interest and that the applicant or registrant, or any partner, officer, or director of the applicant or registrant:
(1) Has filed an application for registration as a franchise broker under RCW 19.100.140 which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained any statement which was, in the light of the circumstances under which it was made, false or misleading with respect to any material fact;
(2) Has willfully violated or willfully failed to comply with any provision of this chapter;
(3) Has been convicted, within the past five years of any misdemeanor involving a franchise, or any felony involving moral turpitude;
(4) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any aspect of the franchise industry;
(5) Is the subject of an order of the director denying, suspending, or revoking registration as a franchise broker;
(6) Has engaged in dishonest or unethical practices in the franchise industry;
(7) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature.
The director may by order summarily postpone or suspend registration pending final determination of any proceeding under this section.
[ 1991 c 226 § 16.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.255 - Denial, suspension, or revocation of exemption by director.

RCW 19.100.255
Denial, suspension, or revocation of exemption by director.
The director may by order deny, suspend, or revoke any exemption from registration otherwise available under RCW 19.100.030 for the offer or sale of the franchise if he or she finds that the order is in the public interest and that:
(1) Any provision of this chapter or any rule or order or condition lawfully imposed under this chapter has been violated or is about to be violated in connection with the offering by the franchisor, any partner, officer, or director of a franchisor, or any person occupying a similar status or performing similar functions or any person directly or indirectly controlled by the franchisor, or any franchise broker offering or selling the offering;
(2) The franchise offering is the subject of a permanent or temporary injunction of a court of competent jurisdiction entered under any federal or state act applicable to the offering; but (a) the director may not enter an order of revocation or suspension under this subsection more than one year from the date of the injunction relied on, and (b) the director may not enter an order under this subsection on the basis of an injunction unless that injunction was based on facts that currently constitute a ground for an order under this section;
(3) The franchisor's enterprise or method of business includes or would include activities which are illegal where performed;
(4) The offering has worked or tended to work or would tend to work a fraud on purchasers;
(5) The franchisor has failed to pay the required filing fee for a claim of exemption but the director may enter only a denial order under this subsection and shall vacate such order when the deficiency has been corrected;
(6) The franchisor has made a claim of exemption which is incomplete in a material respect or contains any statement which in the light of the circumstances under which it was made is false or misleading with respect to any material fact.
[ 1991 c 226 § 17.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.260 - Applicability of administrative procedure act.

RCW 19.100.260
Applicability of administrative procedure act.
The administrative procedure act, chapter 34.05 RCW, shall wherever applicable herein govern the rights, remedies, and procedures respecting the administration of this chapter.
[ 1971 ex.s. c 252 § 26.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.270 - Administrator of securities.

RCW 19.100.270
Administrator of securities.
The director shall appoint a competent person to administer this chapter who shall be designated administrator of securities. The director shall delegate to the administrator such powers, subject to the authority of the director, as may be necessary to carry out the provisions of this chapter. The administrator shall hold office at the pleasure of the director.
[ 1971 ex.s. c 252 § 27.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.900 - Chapter applicable to existing and future franchises and contracts.

RCW 19.100.900
Chapter applicable to existing and future franchises and contracts.
The provisions of this chapter shall be applicable to all franchises and contracts existing between franchisors and franchisees and to all future franchises and contracts.
[ 1971 ex.s. c 252 § 28.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.910 - Chapter cumulative and nonexclusive.

RCW 19.100.910
Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law.
[ 1971 ex.s. c 252 § 29.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.920 - Effective date—1971 ex.s. c 252.

RCW 19.100.920
Effective date—1971 ex.s. c 252.
This act shall become effective May 1, 1972: PROVIDED, That the director is authorized and empowered to undertake and perform duties and conduct activities necessary for the implementation of this act prior to that date.
[ 1971 ex.s. c 252 § 30.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.310 - Unlawful to offer or sell contract unless contract registered—Exemptions.

RCW 19.105.310
Unlawful to offer or sell contract unless contract registered—Exemptions.
Except in transactions exempt under RCW 19.105.325, it is unlawful for any person to market, offer, or sell a camping resort contract in this state or to a Washington state resident unless the camping resort contract is registered and the operator or registrant has received a permit to market the registered contracts under this chapter.
[ 2005 c 112 § 1; 1988 c 159 § 2; 1982 c 69 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.325 - Exemptions from chapter.

RCW 19.105.325
Exemptions from chapter.
(1) The following transactions are exempt from registration under this chapter:
(a) An offer or sale by a government or governmental agency;
(b) A bona fide pledge of a camping resort contract; and
(c) Offerings and dispositions of up to three resale camping resort contracts by purchasers thereof on their own behalf or by third parties brokering on behalf of purchasers, other than resale contracts forfeited by or placed into an operator's sale inventory. All other sales of resale camping resort contracts by any person or business requires registration under this chapter.
(2) The director may, by rule or order, exempt any person, wholly or partially, from any or all requirements of this chapter if the director finds the requirements are not necessary for the protection of the public health, safety, and welfare.
[ 2005 c 112 § 2; 1988 c 159 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.330 - Registration—Effective, when—Completed form of application required.

RCW 19.105.330
Registration—Effective, when—Completed form of application required.
(1) Unless an order denying effectiveness under RCW 19.105.380 is in effect, or unless declared effective by order of the director prior thereto, the application for registration shall automatically become effective upon the expiration of the twentieth full business day following a filing with the director in complete and proper form, but an applicant may consent to the delay of effectiveness until such time as the director may by order declare registration effective or issue a permit to market.
(2) An application for registration, renewal of registration, or amendment is not in completed form and shall not be deemed a statutory filing until such time as all required fees, completed application forms, and the information and documents required pursuant to RCW 19.105.320(1) and departmental rules have been filed.
It is the operator's responsibility to see that required filing materials and fees arrive at the appropriate mailing address of the department. Within seven business days, excluding the date of receipt, of receiving an application or initial request for registration and the filing fees, the department shall notify the applicant of receipt of the application and whether or not the application is complete and in proper form. If the application is incomplete, the department shall at the same time inform the applicant what additional documents or information is required.
If the application is not in a completed form, the department shall give immediate notice to the applicant. On the date the application is complete and properly filed, the statutory period for an in-depth examination of the filing, prescribed in subsection (1) of this section, shall begin to run, unless the applicant and the department have agreed to a stay of effectiveness or the department has issued a denial of the application or a permit to market.
[ 2000 c 171 § 68; 1988 c 159 § 5; 1982 c 69 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.333 - Signature of operator, trustee, or holder of power of attorney required on application documentation.

RCW 19.105.333
Signature of operator, trustee, or holder of power of attorney required on application documentation.
Applications, consents to service, all affidavits required in connection with applications, and all final permits to market shall be signed by the operator, unless a trustee or power of attorney specifically granted such powers has signed on behalf of the operator. If a power of attorney or trustee signature is used, the filing shall contain a copy of the authorization, power of attorney, or trustee authorization.
[ 1988 c 159 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.340 - Impounding proceeds from contract sales—Conditional release of impounded funds—Funds not subject to lien—No assignment of impounded or reserved assets.

RCW 19.105.340
Impounding proceeds from contract sales—Conditional release of impounded funds—Funds not subject to lien—No assignment of impounded or reserved assets.
(1) If the director finds that the applicant or registrant has not by other means assured future availability to and quiet enjoyment of the campgrounds and facilities, as required under this chapter, the director may, notwithstanding the provisions of RCW 19.105.336, require impoundment of the funds or membership receivables, or both, from camping resort contract sales, including the impoundment of periodic dues or assessments required of purchasers under the contracts, or provide other assurances acceptable to the director, until sufficient funds have been impounded or arrangements made to alleviate the inadequacy. The director may, upon finding it reasonable and necessary, for compliance with RCW 19.105.336 and 19.105.365, and not inconsistent with the protection of purchasers or owners of camping resort contracts, provide for release to the applicant, registrant, or others of all or a portion of the impounded funds, membership receivables, or other assets in the impound. The director may take appropriate measures to assure that the impounded funds will be applied as required by this chapter.
(2) Funds placed in impounds under this section or reserve accounts under RCW 19.105.350 are not subject to lien, attachment, or the possession of lenders or creditors of the operator, trustees in bankruptcy, receivers, or other third parties. In instances of bankruptcy, foreclosure, attachment, or other contingency where the ownership or beneficiary status of funds in depositories, or the receivables and funds to be collected from receivables, may be at issue, the purchasers of contracts under this chapter, as a class, shall be deemed the beneficiary. No individual purchaser or group of purchasers, other than the purchasers as a class, have any right to possession, attachment, lien, or right of partition of funds or receivables in the impound or reserve.
(3) It is unlawful for an operator or other person to assign, hypothecate, sell, or pledge any contract or other asset placed into an impound or reserve under this chapter without the express written approval of the director or a court of competent jurisdiction.
[ 1988 c 159 § 8; 1982 c 69 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.345 - Persons licensed under chapter 18.85 RCW exempt from salesperson registration requirements.

RCW 19.105.345
Persons licensed under chapter 18.85 RCW exempt from salesperson registration requirements.
Persons licensed under chapter 18.85 RCW are exempt from the camping resort salesperson registration requirements of this chapter for camping resort contracts offered through the licensed brokerage.
[ 1988 c 159 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.350 - Director may require reserve fund by order—Actions against a registration.

RCW 19.105.350
Director may require reserve fund by order—Actions against a registration.
(1) If the purchaser will own or acquire title to specified real property or improvements to be acquired by the camping resort, the director may by order require to the extent necessary to protect the interests of the purchasers or owners of camping resort contracts, that an appropriate portion of the proceeds paid under those camping resort contracts be placed in a separate reserve fund to be set aside and applied toward the purchase price of the real property, improvements, or facilities.
(2) The director may take any of the actions authorized in RCW 18.235.110 against a registration in which the registrant is advertising or offering annual or periodic dues or assessments by members that the director finds would result in the registrant's future inability to fund operating costs.
[ 2002 c 86 § 272; 1988 c 159 § 10; 1982 c 69 § 6.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.360 - Filing of sales literature, contract form, disclosure supplements.

RCW 19.105.360
Filing of sales literature, contract form, disclosure supplements.
The camping resort operator or other registrant of offerings of camping resort contracts shall file with the director at least five business days prior to the first use thereof in the state of Washington (1) the proposed text of all advertisements and sales promotion literature, (2) its proposed form of camping resort contract, and (3) the text of any supplements or amendments to the written disclosures required to be furnished prospective purchasers under RCW 19.105.370: PROVIDED, That if the text in lieu of definitive copies of any materials are filed, definitive copies shall be filed with the director within five business days following the date of first use of the materials.
[ 1988 c 159 § 11; 1982 c 69 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.365 - Advertising promises of free gifts, awards, or prizes—Provision of gift or substitute—Security arrangements after violation—Advance fees placed in trust—Membership referral programs considered promotional programs.

RCW 19.105.365
Advertising promises of free gifts, awards, or prizes—Provision of gift or substitute—Security arrangements after violation—Advance fees placed in trust—Membership referral programs considered promotional programs.
(1) It is unlawful for a camping resort operator or other person, in connection with an advertisement or offer for sale of a camping resort contract in this state, to promise or offer a free gift, award, prize, or other item of value if the operator or person knows or has reason to know that the offered item is unavailable in a sufficient quantity based upon the reasonably anticipated response to the advertisement or offer.
(2) A person who responds to an advertisement or offer in the manner specified, who performs all stated requirements, and who meets the qualifications disclosed shall receive the offered item subject to chapter 19.170 RCW.
(3) The director may, upon making a determination that a violation of subsection (1) or (2) of this section has occurred, require any person, including an operator or other registrant found in violation, who continues, or proposes to continue, offering a free gift, award, prize, or other item of value in this state for purposes of advertising a camping resort or inducing persons to purchase a camping resort contract, to provide evidence of the ability to deliver on promised gifts, prizes, or awards by means such as bonds, irrevocable letters of credit, cash deposits, or other security arrangements acceptable to the director.
(4) The director may require that any fees or funds of any description collected in advance from persons for purposes of obtaining promised gifts, awards, prizes, or other items of value, be placed in trust in a depository in this state until after delivery of the promised gift, prize, award, or other item of value.
(5) Operators or other registrants or persons promising gifts, prizes, awards, or other items of consideration as part of a membership referral program shall be considered to be offering or selling promotional programs.
(6) Chapter 19.170 RCW applies to free gifts, awards, or prizes regulated under this chapter.
[ 1991 c 227 § 9; 1988 c 159 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.370 - Purchaser to receive written disclosures from operator or department—Exemptions.

RCW 19.105.370
Purchaser to receive written disclosures from operator or department—Exemptions.
Except in a transaction exempt under RCW 19.105.325, any operator who offers or sells camping resort contracts in this state shall provide the prospective purchaser with the written disclosures required to be filed under RCW 19.105.320(1)(b) in a form that is materially accurate and complete before the prospective purchaser signs a camping resort contract or gives any item of value for the purchase of a camping resort contract. The department may provide its own disclosures, supplementing those of the operator, in any format it deems appropriate. The department shall not be held liable for any alleged failure to disclose information or for deficiencies in the content of its disclosures when such disclosures are based upon information provided by the operator or a registrant.
[ 1988 c 159 § 13; 1982 c 69 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.390 - Resort contracts—Purchaser's cancellation—Notice—Statement of right to cancel.

RCW 19.105.390
Resort contracts—Purchaser's cancellation—Notice—Statement of right to cancel.
Any camping resort contract may be canceled at the option of the purchaser, if the purchaser sends notice of the cancellation by certified mail (return receipt requested) to the camping resort operator at the address contained in the camping resort contract and if the notice is postmarked not later than midnight of the third business day following the day on which the contract is signed. In addition to this cancellation right, any purchaser who signs a camping resort contract of any description required to be registered with the department without having received the written disclosures required by this chapter has cancellation rights until three business days following eventual receipt of the written disclosures. Purchasers shall request cancellation of contracts by sending the notice of cancellation by certified mail (return receipt requested), postmarked not later than midnight of the third business day following the day on which the contract is signed or the day on which the disclosures were actually received, whichever event is later to the camping resort operator at the address contained in the camping resort contract. In computing the number of business days, the day on which the contract was signed shall not be included as a "business day," nor shall Saturday, Sunday, or legal holidays be included. Within three business days following receipt of timely and proper notice of cancellation from the purchaser, the camping resort operator shall provide evidence that the contract has been canceled. Thereafter, any money or other consideration paid by the purchaser shall be promptly refunded.
Every camping resort contract, other than those being offered and registered as resales, shall include the following statement in at least ten-point boldface type immediately prior to the space for the purchaser's signature:
"Purchaser's right to cancel: You may cancel this contract without any cancellation fee or other penalty, or stated reason for doing so, by sending notice of cancellation by certified mail, return receipt requested, to . . . . . . (insert name and address of camping resort operator). The notice must be postmarked by midnight of the third business day following the day on which the contract is signed. In computing the three business days, the day on which the contract is signed shall not be included as a "business day," nor shall Saturday, Sunday, or legal holidays be included."
If the purchaser has not inspected a camping resort property or facility at which camping resort sites are located or planned, the notice must contain the following additional language:
"If you sign this contract without having inspected a property at which camping sites are located or planned, you may cancel this contract by giving this notice within six (6) business days following the day on which you signed the contract."
[ 1988 c 159 § 15; 1982 c 69 § 10.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.400 - Resort contracts—Voidable—Estoppel.

RCW 19.105.400
Resort contracts—Voidable—Estoppel.
Any camping resort contract entered into in violation of this chapter may be voided by the purchaser and the purchaser's entire consideration recovered at the option of the purchaser, but no suit under this section may be brought after two years from the date the contract is signed.
[ 1988 c 159 § 16; 1982 c 69 § 11.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.405 - Purchaser lists—Authorized uses.

RCW 19.105.405
Purchaser lists—Authorized uses.
(1) The legislature recognizes the proprietary interest camping resort operators have in purchaser lists. The legislature also recognizes that purchasers of camping resort contracts have a legitimate interest in being able to contact other resort purchasers for the purpose of forming a members' association. In balancing these competing interests, the legislature believes that purchaser lists can be made available to camping resort purchasers with reasonable restrictions on the dissemination of those lists.
(2) Upon request of a purchaser, the camping resort operator shall provide to the purchaser a list of the names, addresses, and unit, site, or purchaser number of all purchasers. The camping resort operator may charge for the reasonable costs for preparing the list. The operator shall require the purchaser to sign an affidavit agreeing not to use the list for any commercial purpose.
(3) It is a violation of this chapter and chapter 19.86 RCW for any person to use a membership list for commercial purposes unless authorized to do so by the operator.
(4) It is a violation of this chapter and chapter 19.86 RCW for a camping resort operator to fail to provide a list of purchasers as provided in this section.
[ 1988 c 159 § 17.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.105 - Camping Resorts. › 19.105.411 - Fees.

RCW 19.105.411
Fees.
Applicants or registrants under this chapter shall pay fees determined by the director as provided in RCW 43.24.086. The fees shall be prepaid and the director may determine fees for the following activities or events:
(1) A fee for the initial application and an additional fee for each camping resort contract registered;
(2) Renewals of camping resort registrations and an additional fee for each additional camping resort contract registered;
(3) An initial and annual fee for processing and administering any required impound, trust, reserve, or escrow arrangement and security arrangements for such programs;
(4) The review and processing of advertising or promotional materials;
(5) Registration and renewal of registrations of salespersons;
(6) The transfer of a salesperson's permit from one operator to another;
(7) Administering examinations for salespersons;
(8) Amending the registration or the public offering statement;
(9) Conducting site inspections;
(10) Granting exemptions under this chapter;
(11) Penalties for registrants in any situation where a registrant has failed to file an amendment to the registration or the public offering statement in a timely manner for material changes, as required in this chapter and its implementing rules.
[ 1988 c 159 § 18.]