reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.051 - Branch offices—Issuance of license.

RCW 18.44.051
Branch offices—Issuance of license.
Upon the filing of the application for an escrow agent branch office and satisfying the requirements of this chapter, the director shall issue and deliver to the applicant a license to engage in the business of an escrow agent at the branch location set forth on the license.
[ 1999 c 30 § 29; 1977 ex.s. c 156 § 27. Formerly RCW 18.44.340.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.061 - Change in business location, office location, business name—Written notice required.

RCW 18.44.061
Change in business location, office location, business name—Written notice required.
A licensed escrow agent shall provide notice in writing to the director and to the insurer providing coverage under RCW 18.44.201 of any change of business location, branch office location, or business name. Such notice shall be given in a form prescribed by the director and shall be delivered at least ten business days prior to the change in business location or name. Upon the surrender of the original license for the agent or the applicable branch office and a payment of a fee, the director shall issue a new license for the new location.
[ 1999 c 30 § 7; 1977 ex.s. c 156 § 19. Formerly RCW 18.44.067.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.071 - Escrow officer required for handling transactions—Responsibility of designated escrow officer—Branch escrow officers.

RCW 18.44.071
Escrow officer required for handling transactions—Responsibility of designated escrow officer—Branch escrow officers.
Every licensed escrow agent shall ensure that all escrow transactions are supervised by a licensed escrow officer. In the case of a partnership, the designated escrow officer shall be a partner in the partnership and shall act on behalf of the partnership. In the case of a corporation, the designated escrow officer shall be an officer of the corporation and shall act on behalf of the corporation. The designated escrow officer shall be responsible for that agent's handling of escrow transactions, management of the agent's trust account, and supervision of all other licensed escrow officers employed by the agent. Responsibility for the conduct of any licensed escrow officer covered by this chapter shall rest with the designated escrow officer or designated branch escrow officer having direct supervision of such person's escrow activities. The branch designated escrow officer shall bear responsibility for supervision of all other licensed escrow officers or other persons performing escrow transactions at a branch escrow office.
[ 1999 c 30 § 21; 1977 ex.s. c 156 § 11; 1971 ex.s. c 245 § 7. Formerly RCW 18.44.200.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.081 - Escrow officer's license—Application—Form—Timely filing—Proof of moral character, etc.

RCW 18.44.081
Escrow officer's license—Application—Form—Timely filing—Proof of moral character, etc.
Any person desiring to be a licensed escrow officer shall meet the requirements of RCW 18.44.195 as provided in this chapter. The applicant shall make application endorsed by a licensed escrow agent to the director on a form to be prescribed and furnished by the director. Such application must be received by the director within one year of passing the escrow officer examination. With this application the applicant shall:
(1) Pay a license fee as set forth by rule; and
(2) Furnish such proof as the director may require concerning his or her honesty, truthfulness, good reputation, and identity, including but not limited to fingerprints, residential address and telephone number, qualifications and employment history, a personal credit report, and any other information required under RCW 18.44.031.
[ 1999 c 30 § 24; 1995 c 238 § 4; 1977 ex.s. c 156 § 22. Formerly RCW 18.44.290.]
NOTES:
Effective date—1995 c 238: See note following RCW 18.44.011.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.091 - License—Fees—Renewal.

RCW 18.44.091
License—Fees—Renewal.
Every escrow officer license issued under the provisions of this chapter expires on the date one year from the date of issue which date will henceforth be the renewal date. An annual license renewal fee in the same amount must be paid on or before each renewal date: PROVIDED, That licenses issued or renewed prior to September 21, 1977, shall use the existing renewal date as the date of issue. If the application for a license renewal is not received by the director on or before the renewal date such license is expired and any activity conducted is unlicensed activity in violation of this chapter. The license may be reinstated at any time prior to sixty days after renewal upon the payment to the director of the annual renewal fee. Acceptance by the director of an application for renewal after the renewal date shall not be a waiver of the delinquency. Licenses not renewed within sixty days after the renewal date shall be canceled. A new license may be obtained by satisfying the procedures and qualifications for initial licensing, including where applicable successful completion of examinations.
[ 2010 c 34 § 5; 1999 c 30 § 25; 1985 c 340 § 5; 1977 ex.s. c 156 § 23. Formerly RCW 18.44.300.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.101 - License—Retention and display by agent—Termination—Inactive licenses.

RCW 18.44.101
License—Retention and display by agent—Termination—Inactive licenses.
The license of a licensed escrow officer shall be retained and displayed at all times by the licensed escrow agent. When the officer ceases for any reason to represent the agent, the license shall cease to be in force. Within three business days of termination of the licensed escrow officer's employment, the licensed escrow agent shall notify the director that the terminated escrow officer no longer represents the escrow agent. Within ten business days of termination of the licensed escrow officer's employment, the licensed escrow agent shall deliver the surrendered escrow officer license to the director. Failure to notify the director within three business days or deliver the surrendered license to the director within ten business days shall, at the discretion of the director, subject the escrow agent to penalties under RCW 18.44.430.
The director may hold the licensed escrow officer's license inactive upon notification of termination by the escrow agent or designated escrow officer. The licensed escrow officer shall pay the renewal fee annually to maintain an inactive license. An inactive license may be activated upon application of a licensed escrow agent on a form provided by the director and the payment of a fee. If the licensed escrow officer continues to meet the requirements of licensing in RCW 18.44.081, the director shall thereupon issue a new license for the unexpired term of the licensed escrow officer. An escrow officer's first license shall not be issued inactive.
[ 1999 c 30 § 26; 1989 c 51 § 1; 1985 c 340 § 6; 1977 ex.s. c 156 § 24. Formerly RCW 18.44.310.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.111 - Licenses—Form and size—Contents.

RCW 18.44.111
Licenses—Form and size—Contents.
Each escrow agent license, each escrow agent branch office license, and each escrow officer license shall be issued in the form and size prescribed by the director and shall state in addition to any other matter required by the director:
(1) The name of the licensee;
(2) The name under which the applicant will do business;
(3) The address at which the applicant will do business;
(4) The expiration date of the license; and
(5) In the case of a corporation, partnership, or branch office, the name of the designated escrow officer or designated branch escrow officer.
[ 1999 c 30 § 30; 1977 ex.s. c 156 § 28. Formerly RCW 18.44.350.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.121 - Fees.

RCW 18.44.121
Fees.
(1) The director shall charge and collect the following fees:
(a) A fee for filing an original or a renewal application for an escrow agent license, a fee for each application for an additional licensed location, a fee for an application for a change of address for an escrow agent, annual fees for the first office or location and for each additional office or location, and under RCW 43.135.055 the director shall set the annual fee for an escrow agent license up to five hundred sixty-five dollars in fiscal year 2000.
(b) A fee for filing an original or a renewal application for an escrow officer license, a fee for an application for a change of address for each escrow officer license being so changed, a fee to activate an inactive escrow officer license or transfer an escrow officer license, and under RCW 43.135.055 the director shall set the annual fee for an escrow officer license up to two hundred thirty-five dollars in fiscal year 2000.
(c) A fee for filing an application for a duplicate of an escrow agent license or of an escrow officer license lost, stolen, destroyed, or for replacement.
(d) A fee for providing license examinations.
(e) An hourly audit fee. In setting this fee, the director shall ensure that every examination and audit, or any part of the examination or audit, of any person licensed or subject to licensing in this state requiring travel and services outside this state by the director or by employees designated by the director, shall be at the expense of the person examined or audited at the hourly rate established by the director, plus the per diem compensation and actual travel expenses incurred by the director or his or her employees conducting the examination or audit. When making any examination or audit under this chapter, the director may retain attorneys, appraisers, independent certified public accountants, or other professionals and specialists as examiners or auditors, the cost of which shall be borne by the person who is the subject of the examination or audit.
(2) In establishing these fees, the director shall set the fees at a sufficient level to defray the costs of administering this chapter.
(3) All fees received by the director under this chapter shall be paid into the state treasury to the credit of the financial services regulation fund.
[ 2010 c 34 § 6; 2001 c 177 § 3; 1999 c 30 § 10; 1995 c 238 § 2; 1985 c 340 § 1; 1977 ex.s. c 156 § 7; 1971 ex.s. c 245 § 5; 1965 c 153 § 8. Formerly RCW 18.44.080.]
NOTES:
Effective date—2001 c 177: See note following RCW 43.320.080.
Effective date—1995 c 238: See note following RCW 18.44.011.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.127 - Certificate of registration suspension—Noncompliance with support order—Reissuance.

RCW 18.44.127
Certificate of registration suspension—Noncompliance with support order—Reissuance.
The department shall immediately suspend the certificate of registration of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.
[ 1997 c 58 § 822.]
NOTES:
*Reviser's note: 1997 c 58 § 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.131 - License application—Issuance.

RCW 18.44.131
License application—Issuance.
Upon the filing of the application for an escrow agent license on a form provided by the director and satisfying the requirements as set forth in this chapter, the director shall issue and deliver to the applicant a license to engage in the business of an escrow agent at the location set forth in the license.
[ 1999 c 30 § 11; 1977 ex.s. c 156 § 8; 1965 c 153 § 9. Formerly RCW 18.44.090.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.141 - License—Duration—Posting.

RCW 18.44.141
License—Duration—Posting.
An escrow agent's license shall remain in effect until surrendered, revoked, suspended, or until it expires, and shall at all times be kept conspicuously posted in all places of business of the agent.
[ 1999 c 30 § 12; 1965 c 153 § 10. Formerly RCW 18.44.100.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.151 - License—Expiration and renewal—Fee.

RCW 18.44.151
License—Expiration and renewal—Fee.
Each escrow agent's license shall expire at noon on the thirty-first day of December of any calendar year. The license may be renewed by filing an application and paying the annual license fee for the next succeeding calendar year.
[ 1999 c 30 § 13; 1985 c 340 § 2; 1965 c 153 § 11. Formerly RCW 18.44.110.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.161 - License—Reinstatement.

RCW 18.44.161
License—Reinstatement.
An escrow agent's license which has not been renewed may be reinstated at any time prior to the thirtieth day of January following its expiration, upon the payment to the director of the annual license fees then in default and a penalty equal to one-half of the annual license fees then in default.
[ 1999 c 30 § 14; 1965 c 153 § 12. Formerly RCW 18.44.120.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.171 - Engaging in business without license—Penalty.

RCW 18.44.171
Engaging in business without license—Penalty.
Any person required by this chapter to obtain a license who engages in business as an escrow agent without applying for and receiving the license required by this chapter, or willfully continues to act as an escrow agent or licensed escrow officer after surrender, expiration, suspension, or revocation of his or her license, is guilty of a misdemeanor punishable by imprisonment for not more than ninety days, or by a fine of not more than one hundred dollars per day for each day's violation, or by both such fine and imprisonment.
[ 1999 c 30 § 17; 1965 c 153 § 14. Formerly RCW 18.44.140.]
NOTES:
Date for initial compliance: "All persons doing business within this state as an escrow agent as defined in this act, who may be required by this act to register with the department, shall comply with the provisions hereof not later than December 31, 1965." [ 1965 c 153 § 15.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.181 - Proof of licensure prerequisite to action for fee.

RCW 18.44.181
Proof of licensure prerequisite to action for fee.
No person engaged in the business or acting in the capacity of an escrow agent may bring or maintain any action in any court of this state for the collection or compensation for the performances of any services entered upon after December 31, 1965, for which licensing is required under this chapter without alleging and proving that he or she was a duly licensed escrow agent at the time of commencement of such services.
[ 1999 c 30 § 20; 1965 c 153 § 19. Formerly RCW 18.44.180.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.191 - Director—Educational conferences—Examinations.

RCW 18.44.191
Director—Educational conferences—Examinations.
The director shall have the authority to hold educational conferences for the benefit of the industry and shall conduct examinations for licenses as an escrow officer.
[ 1977 ex.s. c 156 § 15; 1971 ex.s. c 245 § 12. Formerly RCW 18.44.250.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.195 - Examination.

RCW 18.44.195
Examination.
(1) Any person desiring to become a licensed escrow officer must successfully pass an examination as required by the director.
(2) The examination shall be in such form as prescribed by the director with the advice of the committee.
[ 2011 1st sp.s. c 21 § 48; 2010 c 34 § 9; 1999 c 30 § 4.]
NOTES:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.211 - Cancellation of fidelity bond or surety bond, or both—New bond required.

RCW 18.44.211
Cancellation of fidelity bond or surety bond, or both—New bond required.
In the event of cancellation of either the fidelity bond, the surety bond, or both, the director shall require the filing of a new bond or bonds. Failure to provide the director with satisfactory evidence of a new bond after receipt by the director of notification that one is required or by the effective date of the cancellation notice, whichever is later, shall be sufficient grounds for the suspension or revocation of the escrow agent's license.
[ 1999 c 30 § 6; 1965 c 153 § 6. Formerly RCW 18.44.060.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.221 - Waiver of bond or policy where not reasonably available—Determination procedure—Waiver period.

RCW 18.44.221
Waiver of bond or policy where not reasonably available—Determination procedure—Waiver period.
The director shall, within thirty days after a written request, hold a public hearing to determine whether the fidelity bond, surety bond, and/or the errors and omissions policy specified in RCW 18.44.201 is reasonably available to a substantial number of licensed escrow agents. If the director determines and the insurance commissioner concurs that such bond or bonds and/or policy is not reasonably available, the director shall waive the requirements for such bond or bonds and/or policy for a fixed period of time.
[ 2011 1st sp.s. c 21 § 46; 1999 c 30 § 31; 1988 c 178 § 2; 1977 ex.s. c 156 § 30. Formerly RCW 18.44.360.]
NOTES:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Severability—1988 c 178: See note following RCW 18.44.400.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.231 - Corporation for insuring where bond or policy not reasonably available.

RCW 18.44.231
Corporation for insuring where bond or policy not reasonably available.
After a written determination by the director, with the consent of the insurance commissioner, that the fidelity bond, the surety bond, and/or the errors and omissions policy required under RCW 18.44.201 is cost-prohibitive, or after a determination as provided in RCW 18.44.221 that such bond or policy is not reasonably available, an association comprised of licensed escrow agents, with the consent of the insurance commissioner, may organize a corporation pursuant to chapter 24.06 RCW, exempt from the provisions of Title 48 RCW, for the purpose of insuring or self-insuring against claims arising out of escrow transactions. The insurance commissioner may limit the authority of the corporation to the insuring or self-insuring of claims which would be within the coverage specified in RCW 18.44.201. The insurance commissioner may revoke the authority of the corporation to transact insurance or self-insurance if he or she determines, pursuant to chapter 34.05 RCW, that the corporation is not acting in a financially responsible manner or for the benefit of the public.
[ 1999 c 30 § 32; 1987 c 471 § 4; 1977 ex.s. c 156 § 31. Formerly RCW 18.44.370.]
NOTES:
Severability—1987 c 471: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 471 § 11.]
Effective date—1987 c 471: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [ 1987 c 471 § 13.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.241 - Waiver of errors and omissions policy requirement—Criteria.

RCW 18.44.241
Waiver of errors and omissions policy requirement—Criteria.
The following criteria will be considered by the director when deciding whether to grant a licensed escrow agent a waiver from the errors and omissions policy requirement under RCW 18.44.201:
(1) Whether the director has determined pursuant to RCW 18.44.221 that an errors and omissions policy is not reasonably available to a substantial number of licensed escrow agents;
(2) Whether purchasing an errors and omissions policy would be cost-prohibitive for the licensed escrow agent requesting the exemption;
(3) Whether a licensed escrow agent has wilfully violated the provisions of chapter 18.44 RCW, which violation thereby resulted in the termination of the agent's certificate, or engaged in any other conduct resulting in the termination of the escrow certificate;
(4) Whether a licensed escrow agent has paid claims directly or through an errors and omissions carrier, exclusive of costs and attorney fees, in excess of ten thousand dollars in the calendar year preceding the year for which the waiver is requested;
(5) Whether a licensed escrow agent has paid claims directly or through an errors or omissions insurance carrier, exclusive of costs and attorney fees, totaling in excess of twenty thousand dollars in the three calendar years preceding the calendar year for which the exemption is requested; and
(6) Whether the licensed escrow agent has been convicted of a crime involving honesty or moral turpitude.
These criteria are not intended to be a wholly inclusive list of factors to be applied by the director when considering the merits of a licensed escrow agent's request for a waiver of the required errors and omissions policy.
[ 2000 c 171 § 12; 1987 c 471 § 5. Formerly RCW 18.44.375.]
NOTES:
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.251 - Waiver—Affidavit.

RCW 18.44.251
Waiver—Affidavit.
A request for a waiver of the required errors and omissions policy may be accomplished under the statute by submitting to the director an affidavit that substantially addresses the following:
REQUEST FOR WAIVER OF
ERRORS AND OMISSIONS POLICY
I,  . . . . . ., residing at  . . . . . ., City of  . . . . . ., County of  . . . . . ., State of Washington, declare the following:
(1) An errors and omissions policy is not reasonably available to a substantial number of licensed escrow officers; and
(2) Purchasing an errors and omissions policy is cost-prohibitive at this time; and
(3) I have not engaged in any conduct that resulted in the termination of my escrow certificate; and
(4) I have not paid, directly or through an errors and omissions policy, claims in excess of ten thousand dollars, exclusive of costs and attorneys' fees, during the calendar year preceding submission of this affidavit; and
(5) I have not paid, directly or through an errors and omissions policy, claims, exclusive of costs and attorneys' fees, totaling in excess of twenty thousand dollars in the three calendar years immediately preceding submission of this affidavit; and
(6) I have not been convicted of a crime involving honesty or moral turpitude during the calendar year preceding submission of this application.
THEREFORE, in consideration of the above, I,  . . . . . ., respectfully request that the director of financial institutions grant this request for a waiver of the requirement that I purchase and maintain an errors and omissions policy covering my activities as an escrow agent licensed by the state of Washington for the period from  . . . . . ., (year) . . . ., to  . . . . . ., (year) . . . .
Submitted this day of  . . . . day of  . . . . . ., (year) . . . .
(signature)
State of Washington,
County of  . . . . . . . .





ss.
I certify that I know or have satisfactory evidence that  . . . . . . . . ., signed this instrument and acknowledged it to be  . . . . . . . . . free and voluntary act for the uses and purposes mentioned in the instrument.
Dated . . . .
Signature of
Notary Public . . . .
(Seal or stamp)
Title . . . .
My appointment expires . . . .
[ 2016 c 202 § 21; 2011 1st sp.s. c 21 § 47; 1995 c 238 § 5; 1987 c 471 § 10. Formerly RCW 18.44.380.]
NOTES:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Effective date—1995 c 238: See note following RCW 18.44.011.
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.261 - Waiver—Determination.

RCW 18.44.261
Waiver—Determination.
The director shall, within thirty days following submission of a written petition for waiver of the insurance requirements found in RCW 18.44.201, issue a written determination granting or rejecting an applicant's request for waiver.
[ 2000 c 171 § 13; 1987 c 471 § 6. Formerly RCW 18.44.385.]
NOTES:
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.270 - Application of administrative procedure act.

RCW 18.44.270
Application of administrative procedure act.
The proceedings for revocation, suspension, or refusal to renew or accept an application for renewal of an escrow agent's registration or escrow officer license, and any appeal therefrom or review thereof shall be governed by the provisions of chapter 34.05 RCW.
[ 1977 ex.s. c 156 § 17; 1971 ex.s. c 245 § 14.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.271 - Waiver—Certificate of waiver.

RCW 18.44.271
Waiver—Certificate of waiver.
Upon granting a waiver of insurance requirements found in RCW 18.44.201, the director shall issue a certificate of waiver, which certificate shall be mailed to the escrow agent who requested the waiver.
[ 2000 c 171 § 14; 1987 c 471 § 7. Formerly RCW 18.44.390.]
NOTES:
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.281 - Waiver—Denial.

RCW 18.44.281
Waiver—Denial.
Upon determining that a licensed escrow agent is to be denied a waiver of the errors and omissions policy requirements of RCW 18.44.201, the director shall within thirty days of the denial of an escrow agent's request for same, provide to the escrow agent a written explanation of the reasons for the director's decision to deny the requested waiver.
[ 2000 c 171 § 15; 1987 c 471 § 8. Formerly RCW 18.44.395.]
NOTES:
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.291 - Waiver—Application by escrow license applicant.

RCW 18.44.291
Waiver—Application by escrow license applicant.
Nothing in RCW 18.44.201, 18.44.241 through 18.44.261, 18.44.271, and 18.44.281 shall be construed as prohibiting a person applying for an escrow license from applying for a certificate of waiver of the errors and omissions policy requirement when seeking an escrow license.
[ 2000 c 171 § 16; 1987 c 471 § 9. Formerly RCW 18.44.398.]
NOTES:
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.305 - Financial interest in an escrow agent—Prohibited practices.

RCW 18.44.305
Financial interest in an escrow agent—Prohibited practices.
(1) An escrow agent, officer or employee of any escrow agent, or person who has a financial interest in an escrow agent shall not, directly or indirectly, give any fee, kickback, payment, or other thing of value to any person as an inducement, reward for placing business, referring business, or causing title insurance business to be given to a title insurance agent in which the escrow agent or person having a financial interest in the escrow agent also has a financial interest.
(2) An escrow agent or person who has a financial interest in an escrow agent shall not either solicit or accept, or both, anything of value from: A title insurance company, a title insurance agent, or the employees or representatives of a title insurance company or title insurance agent, that a title insurance company or title insurance agent is not permitted by law or rule to give to the escrow agent or person who has a financial interest in the escrow agent.
(3) An escrow agent or person who has a financial interest in an escrow agent shall not prevent or deter a title insurance company, title insurance agent, or their employees or representatives from delivering to an escrow agent or its employees, independent contractors, and clients printed promotional material concerning only title insurance services as long as:
(a) The material is business appropriate and is not misleading or false;
(b) The material does not malign the escrow agent, its employees, independent contractors, or affiliates;
(c) The delivery of the materials is limited to those areas of the escrow agent's physical office reserved for unrestricted public access; and
(d) The conduct of the employees or representatives are appropriate for a business setting and do not threaten the safety or health of anyone in the escrow agent's office.
(4) An escrow agent shall not require a consumer, as a condition of providing real estate settlement services, to obtain title insurance from a title insurance agent in which the escrow agent has a financial interest.
[ 2008 c 110 § 11.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.311 - Prohibited employment practices.

RCW 18.44.311
Prohibited employment practices.
(1) A licensed escrow agent may not directly or indirectly employ a person who will be handling escrow transactions who has been convicted of, or pled guilty or nolo contrendre to, a felony or a gross misdemeanor involving dishonesty within the last seven years.
(2) A licensed escrow agent may not directly or indirectly employ a person who receives money for trust accounts, disburses funds, or acts as a signatory on trust accounts if the person has shown a disregard in the management of his or her financial condition in the last three years.
(3) The director may adopt rules to implement this section.
[ 2010 c 34 § 4.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.410 - Powers of director.

RCW 18.44.410
Powers of director.
(1) The director has the power and broad administrative discretion to administer and interpret this chapter to facilitate the delivery of services to citizens of this state by escrow agents and others subject to this chapter.
(2) The director may issue rules and regulations to govern the activities of licensed escrow agents and escrow officers. The director shall enforce all laws and rules relating to the licensing of escrow agents and escrow officers and fix the time and places for holding examinations of applicants for licenses and prescribe the method of conducting the examinations. The director may hold hearings and suspend or revoke the licenses of violators and may deny, suspend, or revoke the authority of an escrow officer to act as the designated escrow officer of a person who commits violations of this chapter or of the rules under this chapter.
Except as specifically provided in this chapter, the rules adopted and the hearings conducted shall be in accordance with the provisions of chapter 34.05 RCW, the administrative procedure act.
[ 1999 c 30 § 27; 1977 ex.s. c 156 § 25. Formerly RCW 18.44.320.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.413 - Informal settlement of complaints or enforcement actions.

RCW 18.44.413
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 § 14.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.420 - Investigation of violations—Procedure—Powers of director.

RCW 18.44.420
Investigation of violations—Procedure—Powers of director.
The director may:
(1) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms under this chapter; or
(2) Require or permit any person to file a statement in writing, under oath or otherwise as the director determines, as to all facts and circumstances concerning the matter to be investigated.
For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by the director may administer oaths or affirmations, and upon his or her own motion or upon request of any party, may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge or relevant facts, or any other matter reasonably calculated to lead to the discovery of material evidence.
Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the director may apply to the superior court for an order compelling compliance.
Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with the administrative procedure act, chapter 34.05 RCW.
[ 1999 c 30 § 23; 1977 ex.s. c 156 § 21. Formerly RCW 18.44.280.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.425 - Subpoena authority—Application—Contents—Notice—Fees.

RCW 18.44.425
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 § 2.]
NOTES:
Finding—Intent—2011 c 93: "The legislature finds that in the case of State v. Miles, the state supreme court held that Article I, section 7 of the state Constitution requires judicial review of a subpoena under some circumstances. The legislature intends to provide a process for the department to apply for court approval of an agency investigative subpoena that is authorized under law in cases when the agency seeks approval, or when court approval is required by Article I, section 7 of the state Constitution. The legislature does not intend to require court approval except when otherwise required by law or Article I, section 7 of the state Constitution." [ 2011 c 93 § 1.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.440 - Violations—Cease and desist orders.

RCW 18.44.440
Violations—Cease and desist orders.
If the director determines after notice and hearing that a person has:
(1) Violated any provision of this chapter; or
(2) Directly, or through an agent or employee, engaged in any false, unfair and deceptive, or misleading:
(a) Advertising or promotional activity; or
(b) Business practices; or
(3) Violated any lawful order or rule of the director; the director may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the director will carry out the purposes of this chapter.
If the director makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, the director may issue a temporary cease and desist order. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held to determine whether or not the order becomes permanent.
[ 1999 c 30 § 19; 1977 ex.s. c 156 § 20. Formerly RCW 18.44.175.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.450 - Referral fees prohibited—Consumer protection act—Application.

RCW 18.44.450
Referral fees prohibited—Consumer protection act—Application.
(1) "Real property lender" as used in this section means a bank, savings bank, savings and loan association, credit union, mortgage company, or other corporation, association, or partnership that makes loans secured by real property located in this state.
(2) No real property lender, escrow agent, or officer or employee of any escrow agent or real property lender may give or agree to pay or give any money, service, or object of value to any real estate agent or broker, to any real property lender, or to any officer or employee of any agent, broker, or lender in return for the referral of any real estate escrow services. Nothing in this subsection prohibits the payment of fees or other compensation permitted under the federal Real Estate Settlement Procedures Act as amended (12 U.S.C. sections 2601 through 2617).
(3) The legislature finds that the practices governed by this subsection are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this section is not reasonable in relation to the development and preservation of business and is an unfair and deceptive act or practice and an unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive.
[ 2000 c 171 § 17; 1999 c 30 § 33; 1988 c 178 § 3. Formerly RCW 18.44.145.]
NOTES:
Severability—1988 c 178: See note following RCW 18.44.400.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.455 - Possession of property and business—Grounds for director's authority.

RCW 18.44.455
Possession of property and business—Grounds for director's authority.
(1) The director may immediately take possession of the property and business of a licensee whenever it appears to the director that, as a result of an examination, report, investigation, or complaint:
(a) The licensee is conducting its business in such an unsafe or unsound manner as to render its further operations hazardous to the public;
(b) The licensee has suspended payment of its trust obligations; or
(c) The licensee neglects or refuses to comply with any order of the director made pursuant to this chapter unless the enforcement of such an order is restrained in a proceeding brought by the licensee.
(2) The director may retain possession of the licensee's property and business until the licensee resumes business or its affairs are finally liquidated as provided in RCW 18.44.470. The licensee may only resume business upon those terms as the director may prescribe.
[ 2010 c 34 § 11.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.457 - Possession of property and business—Scope of director's authority.

RCW 18.44.457
Possession of property and business—Scope of director's authority.
(1) During the time that the director retains possession of the property and business of a licensee, the director has the power and authority to conduct the licensee's business and take any action on behalf of the licensee to protect consumers, including but not limited to discontinuing any violations and unsafe or injurious practices, making good any deficiencies, and making claims against the licensee's fidelity bond, errors and omissions bond, or surety bond on behalf of the company.
(2) The director, the department, and its employees are not subject to liability for actions under this section and RCW 18.44.455 and no moneys from the department's fund may be required to be expended on behalf of the licensee or the licensee's clients, creditors, employees, shareholders, members, investors, or any other party or entity.
[ 2013 c 64 § 3; 2010 c 34 § 12.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.460 - License suspension—Nonpayment or default on educational loan or scholarship.

RCW 18.44.460
License suspension—Nonpayment or default on educational loan or scholarship.
The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensing during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.
[ 1999 c 30 § 15; 1996 c 293 § 11. Formerly RCW 18.44.125.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.465 - Termination of license—Effect upon preexisting escrows—Notice to principals.

RCW 18.44.465
Termination of license—Effect upon preexisting escrows—Notice to principals.
The revocation, suspension, surrender, or expiration of an escrow agent's license shall not impair or affect preexisting escrows accepted by the agent prior to such revocation, suspension, surrender, or expiration: PROVIDED, That the escrow agent shall within five workdays provide written notice to all principals of such preexisting escrows of the agent's loss of license. The notice shall include as a minimum the reason for the loss of license, the estimated date for completing the escrow, and the condition of the agent's bond and whether it is in effect or whether notice of cancellation has been given. The notice shall afford the principals the right to withdraw the escrow without monetary loss.
[ 1999 c 30 § 16; 1977 ex.s. c 156 § 9; 1965 c 153 § 13. Formerly RCW 18.44.130.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.470 - Receivership.

RCW 18.44.470
Receivership.
Upon application by the director or any other interested party and upon a showing that the interest of the creditors so requires, the superior court may appoint a receiver to take over, operate, or liquidate any escrow office in this state.
[ 1971 ex.s. c 245 § 6. Formerly RCW 18.44.190.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.44 - Escrow Agent Registration Act. › 18.44.480 - Remedies—Affecting corporate franchise.

RCW 18.44.480
Remedies—Affecting corporate franchise.
Upon petition by the attorney general, the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation for repeated or flagrant violation of this chapter or the terms of any order of injunction hereunder.
[ 1965 c 153 § 18. Formerly RCW 18.44.170.]