reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.133 - Subpoena authority—Application—Contents—Notice—Fees.

RCW 19.230.133
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 § 6.]
NOTES:
Finding—Intent—2011 c 93: See note following RCW 18.44.425.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.140 - Examinations—Joint and concurrent examinations.

RCW 19.230.140
Examinations—Joint and concurrent examinations.
(1) The director may: Conduct an on-site examination, participate in a joint or concurrent examination with other state or federal agencies, or investigate the books, accounts, records, papers, documents, files, and other information used in the business of every licensee or its authorized delegates in conjunction with representatives of other state agencies or agencies of another state or of the federal government. The director may accept an examination report or an investigation report of an agency of this state or of another state or of the federal government.
(2) A joint or concurrent examination or investigation, or an acceptance of an examination or investigation report, does not preclude the director from conducting an examination or investigation under this chapter. A joint report or a report accepted under this section is an official report of the director for all purposes.
[ 2017 c 30 § 11; 2003 c 287 § 16.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.150 - Reports.

RCW 19.230.150
Reports.
(1) A licensee shall file with the director within thirty days any material changes in information provided in a licensee's application as prescribed in rule by the director. If this information indicates that the licensee is no longer in compliance with this chapter, the director may take any action authorized under this chapter to ensure that the licensee operates in compliance with this chapter.
(2) A licensee shall report all licensee branch locations and all authorized delegates to the nationwide licensing system within thirty days of the contractual agreement with the licensee to provide money services in Washington. Accurate records must be maintained within the licensing system as prescribed in rule.
(3) A licensee shall file a report with the director within one business day after the licensee has reason to know of the occurrence of any of the following events:
(a) The filing of a petition by or against the licensee, or any authorized delegate of the licensee, under the United States Bankruptcy Code (11 U.S.C. Sec. 101-110) for bankruptcy or reorganization;
(b) The filing of a petition by or against the licensee, or any authorized delegate of the licensee, for receivership, the commencement of any other judicial or administrative proceeding for its dissolution or reorganization, or the making of a general assignment for the benefit of its creditors;
(c) The commencement of a proceeding to revoke, suspend, restrict, or condition its license, or otherwise discipline or sanction the licensee, in a state or country in which the licensee engages in business or is licensed;
(d) The cancellation or other impairment of the licensee's bond;
(e) A charge or conviction of the licensee or of an executive officer, responsible individual, board director of the licensee, or person in control of the licensee, for a felony; or
(f) A charge or conviction of an authorized delegate for a felony.
[ 2017 c 30 § 12; 2013 c 106 § 6; 2003 c 287 § 17.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.152 - Reports—Nationwide licensing system.

RCW 19.230.152
Reports—Nationwide licensing system.
Each licensee shall submit reports of condition through a nationwide licensing system which must be in the form and must contain the information as the director may require.
[ 2017 c 30 § 13; 2014 c 36 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.160 - Change of control.

RCW 19.230.160
Change of control.
(1) A licensee shall:
(a) Provide the director with written notice of a proposed change of control within fifteen days after learning of the proposed change of control and at least thirty days prior to the proposed change of control;
(b) Request approval of the change of control by submitting the information required in rule by the director; and
(c) Submit, with the notice, a nonrefundable fee as prescribed in rule by the director.
(2) After review of a request for approval under subsection (1) of this section, the director may require the licensee to provide additional information concerning the licensee's proposed persons in control. The additional information must be limited to the same types required of the licensee, or persons in control of the licensee, as part of its original license application.
(3) The director shall approve a request for change of control under subsection (1) of this section if, after investigation, the director determines that the person, or group of persons, requesting approval meets the criteria for licensing set forth in RCW 19.230.070 and 19.230.100 and that the public interest will not be jeopardized by the change of control.
(4) Subsection (1) of this section does not apply to a public offering of securities.
(5) Before filing a request for approval to acquire control of a licensee, or person in control of a licensee, a person may request in writing a determination from the director as to whether the person would be considered a person in control of a licensee upon consummation of a proposed transaction. If the director determines that the person would not be a person in control of a licensee, the director shall respond in writing to that effect and the proposed person and transaction is not subject to the requirements of subsections (1) through (3) of this section.
(6) The director may exempt by rule any person from the requirements of subsection (1)(a) of this section, if it is in the public interest to do so.
[ 2003 c 287 § 18.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.170 - Records.

RCW 19.230.170
Records.
(1) A licensee shall maintain the following records for determining its compliance with this chapter for at least five years:
(a) A general ledger posted at least monthly containing all assets, liabilities, capital, income, and expense accounts;
(b) Bank statements and bank reconciliation records;
(c) Monthly reports about permissible investments;
(d) A list of the last known names and addresses of all of the licensee's authorized delegates;
(e) Copies of all currency transaction reports and suspicious activity reports filed in compliance with RCW 19.230.180; and
(f) Any other records required in rule by the director.
(2) The items specified in subsection (1) of this section may be maintained in any form of record that is readily accessible to the director or the director's designee upon request.
(3) Records may be maintained outside this state if they are made accessible to the director on seven business days' notice that is sent in writing.
(4) All records maintained by the licensee are open to inspection by the director or the director's designee.
[ 2010 c 73 § 7; 2003 c 287 § 19.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.180 - Money laundering reports.

RCW 19.230.180
Money laundering reports.
Every licensee and its authorized delegates shall file all reports required by federal currency reporting, recordkeeping, and suspicious transaction reporting requirements with the appropriate federal agency as set forth in 31 U.S.C. Sec. 5311, 31 C.F.R. Part 1022, and other federal and state laws pertaining to money laundering. Every licensee and its authorized delegates shall maintain copies of these reports in its records in compliance with RCW 19.230.170.
[ 2017 c 30 § 14; 2010 c 73 § 8; 2003 c 287 § 20.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.190 - Confidentiality.

RCW 19.230.190
Confidentiality.
(1) Except as otherwise provided in subsection (2) of this section, all information or reports obtained by the director from an applicant, licensee, or authorized delegate and all information contained in, or related to, examination, investigation, operating, or condition reports prepared by, on behalf of, or for the use of the director, or financial statements, balance sheets, or authorized delegate information, are confidential and are not subject to disclosure under chapter 42.56 RCW.
(2) The director may disclose information not otherwise subject to disclosure under subsection (1) of this section to representatives of state or federal agencies who agree in writing to maintain the confidentiality of the information; or if the director finds that the release is reasonably necessary for the protection of the public and in the interests of justice.
(3) This section does not prohibit the director from disclosing to the public a list of persons licensed or reported with the department as authorized delegates under this chapter or the aggregated financial data concerning those licensees.
[ 2017 c 30 § 15; 2005 c 274 § 237; 2003 c 287 § 21.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.200 - Maintenance of permissible investments.

RCW 19.230.200
Maintenance of permissible investments.
(1)(a) A money transmitter licensee must maintain, at all times, permissible investments that have a market value computed in accordance with generally accepted accounting principles of not less than the amount of the licensee's average daily transmission liability. Average daily transmission liability means the sum of the daily amounts of a licensee's outstanding money transmissions, as computed each day of the month divided by the number of days in the month.
(b) A licensee transmitting virtual currencies must hold like-kind virtual currencies of the same volume as that held by the licensee but which is obligated to consumers in lieu of the permissible investments required in (a) of this subsection.
(c) A licensee transmitting both money and virtual currency must maintain applicable levels and types of permissible investments as described in (a) and (b) of this subsection.
(2) The director, with respect to any money transmitter licensee, may limit the extent to which a type of investment within a class of permissible investments may be considered a permissible investment, except for money, time deposits, savings deposits, demand deposits, and certificates of deposit issued by a federally insured financial institution. The director may prescribe in rule, or by order allow, other types of investments that the director determines to have a safety substantially equivalent to other permissible investments.
[ 2017 c 30 § 16; 2013 c 106 § 7; 2010 c 73 § 9; 2003 c 287 § 22.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.220 - Administrative proceedings.

RCW 19.230.220
Administrative proceedings.
All administrative proceedings under this chapter must be conducted in accordance with the administrative procedure act, chapter 34.05 RCW. Any licensee or authorized delegate subject to a statement of charges and order of intent from the director shall be provided with an opportunity for a hearing as provided for in the administrative procedure act. Unless the person subject to the order appears in person or is represented by counsel at the hearing, the person has consented to issuance of the order. If after a hearing, the director finds by a preponderance of the evidence that grounds for sanctions under this chapter exist, then the director may impose any sanctions authorized by this chapter in a final order. As provided for in RCW 19.230.260, a temporary order to cease and desist is effective upon service upon the licensee or authorized delegate, and remains effective pending a hearing to determine if the order shall become permanent.
[ 2003 c 287 § 24.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.233 - Informal settlement of complaints or enforcement actions.

RCW 19.230.233
Informal settlement of complaints or enforcement actions.
Except to the extent prohibited by another statute, the director may engage in informal settlement of complaints or enforcement actions including, but not limited to, payment to the department for purposes of financial literacy and education programs authorized under RCW 43.320.150.
[ 2012 c 17 § 16.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.240 - Suspension and revocation of authorized delegates.

RCW 19.230.240
Suspension and revocation of authorized delegates.
(1) The director may issue an order to suspend, revoke, or condition the designation of an authorized delegate, impose civil penalties, require payment of restitution to damaged parties, require affirmative actions as are necessary to comply with this chapter or the rules adopted under this chapter, or remove from office or prohibit from participation in the affairs of the authorized delegate or licensee, or both, any executive officer, person in control, or employee of the authorized delegate if the director finds that:
(a) The authorized delegate violated this chapter or a rule adopted or an order issued under this chapter;
(b) The authorized delegate does not cooperate with an examination, investigation, or subpoena lawfully issued by the director or the director's designee;
(c) The authorized delegate engaged in fraud, intentional misrepresentation, or gross negligence;
(d) The authorized delegate is convicted of a violation of a state or federal money laundering or terrorism statute;
(e) The competence, experience, character, or general fitness of the authorized delegate or a person in control of the authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money services;
(f) The authorized delegate engaged in or is engaging in an unsafe or unsound practice, or unfair and deceptive act or practice; or
(g) The authorized delegate, or any of its executive officers or other persons in control of the authorized delegate, are listed or become listed on the specially designated nationals and blocked persons list prepared by the United States department of the treasury as a potential threat to commit terrorist acts or to finance terrorist acts.
(2) In determining whether an authorized delegate is engaging in an unsafe or unsound practice, the director may consider the size and condition of the authorized delegate's provision of money services, the magnitude of the loss or potential loss to consumers or others, the gravity of the violation of this chapter or a rule adopted or order issued under this chapter, any action against the authorized delegate taken by another state or the federal government, and the previous conduct of the authorized delegate.
[ 2003 c 287 § 26.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.250 - Unlicensed persons.

RCW 19.230.250
Unlicensed persons.
(1) If the director has reason to believe that a person has violated or is violating RCW 19.230.030 or 19.230.080, the director or the director's designee may conduct an examination or investigation as authorized under RCW 19.230.130.
(2) If as a result of such investigation or examination, the director finds that a person has violated RCW 19.230.030 or 19.230.080, the director may issue a temporary cease and desist order as authorized under RCW 19.230.260.
(3) If as a result of such an investigation or examination, the director finds that a person has violated RCW 19.230.030 or 19.230.080, the director may issue an order to prohibit the person from continuing to engage in providing money services, to compel the person to pay restitution to damaged parties, to impose civil money penalties on the person, which may include the costs and expenses to investigate and prosecute violations of this chapter, and to prohibit from participation in the affairs of any licensee or authorized delegate, or both, any executive officer, person in control, or employee of the person.
(4) The director may petition the superior court for the issuance of a temporary restraining order under the rules of civil procedure.
[ 2017 c 30 § 18; 2003 c 287 § 27.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.260 - Temporary orders to cease and desist.

RCW 19.230.260
Temporary orders to cease and desist.
(1) If the director determines that a violation of this chapter or of a rule adopted or an order issued under this chapter by a licensee, authorized delegate, or other person subject to this chapter is likely to cause immediate and irreparable harm to the licensee, its customers, or the public as a result of the violation, or cause insolvency or significant dissipation of the assets of the licensee, the director may issue a temporary order to cease and desist requiring the licensee, authorized delegate, or other person subject to this chapter to cease and desist from conducting business in this state or to cease and desist from the violation or undertake affirmative actions as are necessary to comply with this chapter, any rule adopted under this chapter, or order issued by the director under this chapter. The order is effective upon service upon the licensee, authorized delegate, or other person subject to this chapter.
(2) A temporary order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding under chapter 34.05 RCW. If, after a hearing, the director finds that by a preponderance of the evidence, all or any part of the order is supported by the facts, the director may make the temporary order to cease and desist permanent under chapter 34.05 RCW.
(3) A licensee, an authorized delegate, or other person subject to this chapter that is served with a temporary order to cease and desist may petition the superior court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding under chapter 34.05 RCW.
[ 2003 c 287 § 28.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.270 - Consent orders.

RCW 19.230.270
Consent orders.
The director may enter into a consent order at any time with a person to resolve a matter arising under this chapter or a rule adopted or order issued under this chapter. A consent order must be signed by the person to whom it is issued or by the person's authorized representative, and must indicate agreement with the terms contained in the order.
[ 2003 c 287 § 29.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.280 - Violations—Liability.

RCW 19.230.280
Violations—Liability.
(1) A licensee is liable for any conduct violating this chapter or rules adopted under this chapter committed by employees of the licensee.
(2) A licensee that commits willful misconduct in its supervision of its authorized delegate or willfully avoids knowledge of its authorized delegate's business activities may be subjected to administrative sanctions for any violations of this chapter or rules adopted under this chapter by the licensee's authorized delegates.
(3) The responsible individual is responsible under the license and may be subjected to administrative sanctions for any violations of this chapter or rules adopted under this chapter committed by the licensee or, if the responsible individual commits willful misconduct in supervising an authorized delegate or willfully avoids knowledge of an authorized delegate's business activities, violations committed by the licensee's authorized delegates.
[ 2003 c 287 § 30.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.290 - Civil penalties.

RCW 19.230.290
Civil penalties.
The director may assess a civil penalty against a licensee, responsible individual, authorized delegate, or other person that violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed one hundred dollars per violation per day for each day the violation is outstanding, plus this state's costs and expenses for the investigation and prosecution of the matter, including reasonable attorneys' fees.
[ 2017 c 30 § 19; 2003 c 287 § 31.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.300 - Criminal penalties.

RCW 19.230.300
Criminal penalties.
(1) A person that intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter or that intentionally makes a false entry or omits a material entry in that record is guilty of a class C felony under chapter 9A.20 RCW.
(2) A person that knowingly engages in an activity for which a license is required under this chapter without being licensed under this chapter and who receives more than five hundred dollars in compensation within a thirty-day period from this activity is guilty of a gross misdemeanor under chapter 9A.20 RCW.
(3) A person that knowingly engages in an activity for which a license is required under this chapter without being licensed under this chapter and who receives no more than five hundred dollars in compensation within a thirty-day period from this activity is guilty of a misdemeanor under chapter 9A.20 RCW.
[ 2003 c 287 § 32.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.303 - Statute of limitations.

RCW 19.230.303
Statute of limitations.
The statute of limitations on actions not subject to RCW 4.16.160 that are brought under this chapter by the director is five years.
[ 2014 c 36 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.310 - Administration and rule-making powers.

RCW 19.230.310
Administration and rule-making powers.
The director has the authority and administrative discretion to administer and interpret this chapter to fulfill the intent of the legislature as expressed in RCW 19.230.005. In accordance with chapter 34.05 RCW, the director may issue rules under this chapter that are clearly required to govern the activities of licensees and other persons subject to this chapter.
[ 2013 c 106 § 8; 2003 c 287 § 33.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.320 - Fees.

RCW 19.230.320
Fees.
(1) The director shall establish fees by rule sufficient to cover the costs of administering this chapter. The director may establish different fees for each type of license authorized under this chapter. These fees may include:
(a) An annual assessment specified in rule by the director paid by each licensee on or before the annual assessment due date;
(b) A late fee for late payment of the annual assessment as specified in rule by the director;
(c) An hourly investigation fee to cover the costs of any investigation of the books and records of a licensee or other person subject to this chapter;
(d) A nonrefundable application fee to cover the costs of processing license applications made to the director under this chapter;
(e) An initial license fee to cover the period from the date of licensure to the end of the calendar year in which the license is initially granted; and
(f) A transaction fee or set of transaction fees to cover the administrative costs associated with processing changes in control, changes of address, and other administrative changes as specified in rule by the director.
(2) The director shall ensure that when an examination or investigation, or any part of the examination or investigation, of any licensee applicant or person subject to licensing under this chapter, requires travel and services outside this state by the director or designee, the licensee applicant or person subject to licensing under this chapter that is the subject of the examination or investigation shall pay the actual travel expenses incurred by the director or designee conducting the examination or investigation.
(3) All moneys, fees, and penalties collected under this chapter shall be deposited into the financial services regulation account.
(4) The director or designee may waive all or a portion of the fees and assessments under this chapter.
[ 2017 c 30 § 20; 2010 c 73 § 11; 2003 c 287 § 34.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.340 - Prohibited practices.

RCW 19.230.340
Prohibited practices.
It is a violation of this chapter for any licensee, executive officer, responsible individual, or other person subject to this chapter in connection with the provision of money services to:
(1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead any person, including but not limited to engaging in bait and switch advertising or sales practices;
(2) Directly or indirectly engage in any unfair or deceptive act or practice toward any person, including but not limited to any false or deceptive statement about fees or other terms of a money transmission or currency exchange;
(3) Directly or indirectly obtain property by fraud or misrepresentation;
(4) Knowingly make, publish, or disseminate any false, deceptive, or misleading information in the provision of money services;
(5) Knowingly receive or take possession for personal use of any property of any money services business, other than in payment for services rendered, and with intent to defraud, omit to make, or cause or direct to omit to make, a full and true entry thereof in the books and accounts of the business;
(6) Make or concur in making any false entry, or omit or concur in omitting any material entry, in the books or accounts of the business;
(7) Knowingly make or publish to the director or director's designee, or concur in making or publishing to the director or director's designee any written report, exhibit, or statement of its affairs or pecuniary condition containing any material statement which is false, or omit or concur in omitting any statement required by law to be contained therein; or
(8) Fail to make any report or statement lawfully required by the director or other public official.
[ 2003 c 287 § 36.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.360 - Third-party account administrators—Record maintenance.

RCW 19.230.360
Third-party account administrators—Record maintenance.
(1) A third-party account administrator shall maintain the following records for at least five years:
(a) All contracts the third-party account administrator has entered into with debtors and debt adjusters;
(b) Account statements identifying and itemizing deposits, transfers, disbursements, and fees; and
(c) Any other records required in rule by the director.
(2) All records maintained by the third-party account administrator are open to inspection by the director or the director's designee.
[ 2012 c 56 § 4.]
NOTES:
Information—Report—2012 c 56: See note following RCW 19.230.350.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.370 - Virtual currency licensees—Disclosures.

RCW 19.230.370
Virtual currency licensees—Disclosures.
(1) Virtual currency licensees must provide to any person seeking to use the licensee's products or services the disclosures required by subsection (2) of this section.
(2) As applicable, virtual currency licensees must make the following disclosures:
(a) A schedule of all fees and charges the licensee may assess on a transaction, how the fees and charges will be calculated if not set in advance and disclosed, and the timing of the fees and charges.
(b) Whether the product or service provided is insured or guaranteed by an agency of the United States, such as the federal deposit insurance corporation or the securities investor protection corporation or by private insurance against theft or loss, including cybertheft or theft by other means.
(c) A notice that the transfer of virtual currency or digital units is irrevocable and any exception to the irrevocability of transfer.
(d) A notice describing the licensee's liability for unauthorized, mistaken, or accidental transfers and, describing the user's responsibility for providing notice of such mistake to the licensee and of general error-resolution rights applicable to any transaction.
(3) Licensees must provide any additional disclosures the director may require as set forth in rule.
(4) Disclosures required by this section must be made separately from any other information provided by the licensee and in a clear and conspicuous manner.
[ 2017 c 30 § 21.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.901 - Effective date—2003 c 287.

RCW 19.230.901
Effective date—2003 c 287.
This act takes effect October 1, 2003.
[ 2003 c 287 § 37.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.902 - Implementation.

RCW 19.230.902
Implementation.
The director or the director's designee may take such steps as are necessary to ensure that chapter 287, Laws of 2003 is implemented on October 1, 2003. In particular, the director or the director's designee shall conduct outreach to small businesses and immigrant communities to enhance awareness of and compliance with state and federal laws governing money transmission and currency exchange, and to provide technical assistance in applying for a license under this chapter and understanding the requirements of this chapter.
[ 2003 c 287 § 38.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.230 - Uniform Money Services Act. › 19.230.903 - Uniformity of application and construction.

RCW 19.230.903
Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2003 c 287 § 39.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.235 - Movie Theaters—Unauthorized Recording. › 19.235.010 - Motion picture—Unauthorized recording—Penalty.

RCW 19.235.010
Motion picture—Unauthorized recording—Penalty.
(1) Whoever, without the consent of the owner or lessee of the motion picture exhibition facility and the licensor of the motion picture being exhibited, knowingly operates an audiovisual recording function of a device in a motion picture exhibition facility is guilty of a gross misdemeanor.
(2) The owner or lessee of a motion picture exhibition facility where a motion picture is being exhibited, or the authorized agent or employee of such owner or lessee, or the licensor of the motion picture being exhibited or his or her agent or employee, who alerts law enforcement authorities of an alleged violation of this section shall not be liable in any civil action arising out of measures taken by such owner, lessee, licensor, agent, or employee in the course of subsequently detaining a person that the owner, lessee, licensor, agent, or employee in good faith believed to have violated this section while awaiting the arrival of law enforcement authorities, unless the plaintiff can show by clear and convincing evidence that such measures were manifestly unreasonable or the period of detention was unreasonably long.
(3) This section does not prevent any lawfully authorized investigative, law enforcement protective, or intelligence gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in any motion picture exhibition facility where a motion picture is being exhibited, as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.
(4) For the purposes of this section:
(a) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.
(b) "Motion picture exhibition facility" means any theater, screening room, indoor or outdoor screening venue, auditorium, ballroom, or other premises where motion pictures are publicly exhibited, regardless of whether an admission fee is charged, but does not include a personal residence or retail establishment.
[ 2004 c 119 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.240 - Gift Certificates. › 19.240.005 - Intent.

RCW 19.240.005
Intent.
It is the intent of the legislature to relieve businesses from the obligation of reporting gift certificates as unclaimed property. In order to protect consumers, the legislature intends to prohibit acts and practices of retailers that deprive consumers of the full value of gift certificates, such as expiration dates, service fees, and dormancy and inactivity charges, on gift certificates. The legislature does not intend that chapter 168, Laws of 2004 be construed to apply to cards or other payment instruments issued for payment of wages or other intangible property. To that end, the legislature intends that chapter 168, Laws of 2004 should be liberally construed to benefit consumers and that any ambiguities should be resolved by applying the [revised] uniform unclaimed property act to the intangible property in question.
[ 2004 c 168 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.240 - Gift Certificates. › 19.240.010 - Definitions.

RCW 19.240.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)(a) "Gift card" means a record as described in subsection (5)[(2)] of this section in the form of a card, or a stored value card or other physical medium, containing stored value primarily intended to be exchanged for consumer goods and services.
(b) "Gift card" does not include prepaid telephone calling cards or prepaid commercial mobile radio services as defined in 47 C.F.R. 20.3.
(2)(a) "Gift certificate" means an instrument evidencing a promise by the seller or issuer of the record that consumer goods or services will be provided to the bearer of the record to the value or credit shown in the record and includes gift cards.
(b) "Gift certificate" does not include prepaid telephone calling cards or prepaid commercial mobile radio services as defined in 47 C.F.R. 20.3.
(3) "Bearer" means a person with a right to receive consumer goods and services under the terms of a gift certificate, without regard to any fee, expiration date, or dormancy or inactivity charge.
(4) "Issue" means to sell or otherwise provide a gift certificate to any person, and includes reloading or adding value to an existing gift certificate.
(5) "Stored value" has the same meaning as the term "closed loop prepaid access" defined in RCW 19.230.010.
[ 2019 c 376 § 1; 2011 c 213 § 1; 2004 c 168 § 2.]
NOTES:
Effective date—2019 c 376: See note following RCW 19.240.020.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.240 - Gift Certificates. › 19.240.020 - Unlawful actions—Remaining value—Lost/stolen gift certificates.

RCW 19.240.020
Unlawful actions—Remaining value—Lost/stolen gift certificates.
(1) Except as provided in RCW 19.240.030, it is unlawful for any person or entity to issue, or to enforce against a bearer, a gift certificate that contains:
(a) An expiration date;
(b) Any fee, including a service fee; or
(c) A dormancy or inactivity charge.
(2) If a gift certificate is issued with the sale of tangible personal property or services, the gift certificate is subject to subsection (1) of this section.
(3) If a purchase is made with a gift certificate for an amount that is less than the value of the gift certificate, the issuer must make the remaining value available to the bearer in cash or as a gift certificate at the option of the issuer. If after the purchase the remaining value of the gift certificate is less than five dollars, the gift certificate must be redeemable in cash for its remaining value on demand of the bearer. A gift certificate is valid until redeemed or replaced.
(4) This section does not require, unless otherwise required by law, the issuer of a gift certificate to replace a lost or stolen gift certificate.
[ 2019 c 376 § 2; 2004 c 168 § 3.]
NOTES:
Effective date—2019 c 376: "This act takes effect July 1, 2020." [ 2019 c 376 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.240 - Gift Certificates. › 19.240.030 - Expiration date allowed, when.

RCW 19.240.030
Expiration date allowed, when.
(1) It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if:
(a) The gift certificate is issued pursuant to an awards or loyalty program for the gift certificate.
(b) The gift certificate is donated to a charitable organization without any money or other thing of value being given in exchange for the gift certificate if the gift certificate is used by a charitable organization solely to provide charitable services.
(2) The expiration date must be disclosed clearly and legibly on any gift certificate described in subsection (1) of this section.
[ 2019 c 376 § 3; 2004 c 168 § 4.]
NOTES:
Effective date—2019 c 376: See note following RCW 19.240.020.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.240 - Gift Certificates. › 19.240.080 - Abandoned gift certificates.

RCW 19.240.080
Abandoned gift certificates.
An issuer is not required to honor a gift certificate presumed abandoned under chapter 63.30 RCW, if reported and delivered to the department of revenue in the dissolution of a business association.
[ 2023 c 258 § 4; 2004 c 168 § 9.]
NOTES:
Retroactive application—2023 c 258 §§ 2-8, 10, and 11: See note following RCW 19.150.060.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.240 - Gift Certificates. › 19.240.090 - Value of gift certificate held in trust by issuer—Bankruptcy.

RCW 19.240.090
Value of gift certificate held in trust by issuer—Bankruptcy.
(1) A gift certificate constitutes value held in trust by the issuer of the gift certificate on behalf of the beneficiary of the gift certificate. The value represented by the gift certificate belongs to the beneficiary, or to the legal representative of the beneficiary to the extent provided by law, and not to the issuer.
(2) An issuer of a gift certificate who is in bankruptcy shall continue to honor a gift certificate issued before the date of the bankruptcy filing on the grounds that the value of the gift certificate constitutes trust property of the beneficiary.
(3) The terms of a gift certificate may not make its redemption or other use invalid in the event of a bankruptcy.
(4) This section does not require, unless otherwise required by law, the issuer of a gift certificate to:
(a) Redeem a gift certificate for cash;
(b) Replace a lost or stolen gift certificate; or
(c) Maintain a separate account for the funds used to purchase the gift certificate.
(5) This section does not create an interest in favor of the beneficiary of the gift certificate in any specific property of the issuer.
(6) This section does not create a fiduciary or quasi-fiduciary relationship between the beneficiary of the gift certificates and the issuer unless otherwise provided by law.
(7) The issuer of a gift certificate has no obligation to pay interest on the value of a gift certificate held in trust under this section, unless otherwise provided by law.
[ 2004 c 168 § 10.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.240 - Gift Certificates. › 19.240.100 - Gift certificates issued by financial institutions—Application of chapter.

RCW 19.240.100
Gift certificates issued by financial institutions—Application of chapter.
This chapter does not apply to gift certificates issued by financial institutions as defined in *RCW 30.22.041 or their operating subsidiaries that are usable with multiple unaffiliated sellers of goods or services.
[ 2004 c 168 § 11.]
NOTES:
*Reviser's note: RCW 30.22.041 was recodified as RCW 30A.22.041 pursuant to 2014 c 37 § 4, effective January 5, 2015.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.240 - Gift Certificates. › 19.240.110 - Agreement in violation of chapter.

RCW 19.240.110
Agreement in violation of chapter.
An agreement made in violation of the provisions of this chapter is contrary to public policy and is void and unenforceable against the bearer.
[ 2004 c 168 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.240 - Gift Certificates. › 19.240.900 - Application—2004 c 168 §§ 1-12.

RCW 19.240.900
Application—2004 c 168 §§ 1-12.
Sections 1 through 12 of this act apply to:
(1) Gift certificates issued on or after July 1, 2004; and
(2) Those gift certificates presumed abandoned on or after July 1, 2004, and not reported as provided in chapter 63.30 RCW.
[ 2023 c 258 § 5; 2004 c 168 § 18.]
NOTES:
Retroactive application—2023 c 258 §§ 2-8, 10, and 11: See note following RCW 19.150.060.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.245 - Automated Teller Machines. › 19.245.010 - Automated teller machine—Access fee or surcharge.

RCW 19.245.010
Automated teller machine—Access fee or surcharge.
(1) The owner of an automated teller machine may charge an access fee or surcharge to a customer conducting a transaction using an account from a financial institution that is located outside of the United States.
(2) "Automated teller machine" means the same as defined in RCW 19.174.020.
(3) "Financial institution" means the same as defined in *RCW 30.22.040.
[ 2005 c 98 § 1.]
NOTES:
*Reviser's note: RCW 30.22.040 was recodified as RCW 30A.22.040 pursuant to 2014 c 37 § 4, effective January 5, 2015.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.250 - Disclosure of Personal Wireless Numbers. › 19.250.005 - Definitions.

RCW 19.250.005
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Directory" or "directory form" means a categorized list or compilation of phone numbers, or a single phone number, in written, audio, electronic, digital, or any other format.
(2) "Directory provider" means any person in the business of marketing, selling, or sharing the phone number of any subscriber in directory form for commercial purposes.
(3) "Radio communications service company" has the same meaning as in RCW 80.04.010.
(4) "Reverse phone number search services" means a service that provides the name of a subscriber associated with a phone number when the phone number is supplied.
(5) "Subscriber" means a person who resides in the state of Washington and subscribes to radio communications services, radio paging, or cellular communications service with a Washington state area code.
(6) "Wireless phone number" means a phone number unique to the subscriber that permits the subscriber to receive radio communications, radio paging, or cellular communications from others.
[ 2009 c 401 § 1; 2008 c 271 § 2.]
NOTES:
Findings—2008 c 271: "The legislature finds that the right to privacy is a personal and fundamental right protected by Article I, section 7 of the state Constitution. The legislature also finds that, in the vast majority of cases, subscribers pay for both incoming and outgoing calls, and that subscribers purchase cell phone service with an expectation that their numbers will not be made public. Therefore, the legislature recognizes that a subscriber's cell phone number should be kept private, unless that subscriber knowingly provides their express, opt-in consent to have that number made available in a public directory." [ 2008 c 271 § 1.]