reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.010 - Legislative intent.

RCW 18.100.010
Legislative intent.
It is the legislative intent to provide for the incorporation of an individual or group of individuals to render the same professional service to the public for which such individuals are required by law to be licensed or to obtain other legal authorization.
[ 1969 c 122 § 1.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.030 - Definitions.

RCW 18.100.030
Definitions.
As used in this chapter the following words shall have the meaning indicated:
(1) The term "professional service" means any type of personal service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization and which prior to the passage of this chapter and by reason of law could not be performed by a corporation, including, but not by way of limitation, certified public accountants, chiropractors, dentists, osteopaths, physicians, podiatric physicians and surgeons, chiropodists, architects, veterinarians and attorneys-at-law.
(2) The term "professional corporation" means a corporation which is organized under this chapter for the purpose of rendering professional service.
(3) The term "ineligible person" means any individual, corporation, partnership, fiduciary, trust, association, government agency, or other entity which for any reason is or becomes ineligible under this chapter to own shares issued by a professional corporation. The term includes a charitable remainder unitrust or charitable remainder annuity trust that is or becomes an ineligible person for failure to comply with subsection (5)(b) of this section.
(4) The term "eligible person" means an individual, corporation, partnership, fiduciary, qualified trust, association, government agency, or other entity, that is eligible under this chapter to own shares issued by a professional corporation.
(5) The term "qualified trust" means one of the following:
(a) A voting trust established under RCW 23B.07.300, if the beneficial owner of any shares on deposit and the trustee of the voting trust are qualified persons;
(b) A charitable remainder unitrust as defined in section 664(d)(1) of the internal revenue code or a charitable remainder annuity trust as defined in section 664(d)(2) or 664(d)(3) of the internal revenue code if the trust complies with each of the following conditions:
(i) Has one or more beneficiaries currently entitled to income, unitrust, or annuity payments, all of whom are eligible persons or spouses of eligible persons;
(ii) Has a trustee who is an eligible person and has exclusive authority over the share of the professional corporation while the shares are held in the trust, except that a cotrustee who is not an eligible person may be given authority over decisions relating to the sale of shares by the trust;
(iii) Has one or more designated charitable remaindermen, all of which must at all times be domiciled or maintain a local chapter in Washington state; and
(iv) When distributing any assets during the term of the trust to charitable organizations, the distributions are made only to charitable organizations described in section 170(c) of the internal revenue code that are domiciled or maintain a local chapter in Washington state.
[ 1997 c 18 § 1; 1983 c 51 § 2; 1969 c 122 § 3.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.040 - Application of chapter to previously organized corporations.

RCW 18.100.040
Application of chapter to previously organized corporations.
This chapter shall not apply to any individuals or groups of individuals within this state who prior to the passage of this chapter were permitted to organize a corporation and perform personal services to the public by means of a corporation, and this chapter shall not apply to any corporation organized by such individual or group of individuals prior to the passage of this chapter: PROVIDED, That any such individual or group of individuals or any such corporation may bring themselves and such corporation within the provisions of this chapter by amending the articles of incorporation in such a manner so as to be consistent with all the provisions of this chapter and by affirmatively stating in the amended articles of incorporation that the shareholders have elected to bring the corporation within the provisions of this chapter.
[ 1969 c 122 § 4.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.060 - Rendering of services by authorized individuals.

RCW 18.100.060
Rendering of services by authorized individuals.
(1) No corporation organized under this chapter may render professional services except through individuals who are duly licensed or otherwise legally authorized to render such professional services within this state. However, nothing in this chapter shall be interpreted to:
(a) Prohibit a person duly licensed or otherwise legally authorized to render professional services in any jurisdiction other than this state from becoming a member of a professional corporation in this state organized for the purpose of rendering the same professional services;
(b) Prohibit a professional corporation from rendering services outside this state through individuals who are not duly licensed or otherwise legally authorized to render professional services within this state; or
(c) Require the licensing of clerks, secretaries, bookkeepers, technicians, and other assistants employed by a professional corporation who are not usually and ordinarily considered by custom and practice to be rendering professional services to the public for which a license or other legal authorization is required.
(2) Persons engaged in a profession and otherwise meeting the requirements of this chapter may operate under this chapter as a professional corporation so long as each shareholder personally engaged in the practice of the profession in this state is duly licensed or otherwise legally authorized to practice the profession in this state and:
(a) At least one officer and one director of the corporation is duly licensed or otherwise legally authorized to practice the profession in this state; or
(b) Each officer in charge of an office of the corporation in this state is duly licensed or otherwise legally authorized to practice the profession in this state.
[ 1998 c 293 § 1; 1983 c 51 § 3; 1969 c 122 § 6.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.065 - Authority of directors, officers to render same services as corporation.

RCW 18.100.065
Authority of directors, officers to render same services as corporation.
Except as otherwise provided in RCW 18.100.118, all directors of a corporation organized under this chapter and all officers other than the secretary and the treasurer shall be duly licensed or otherwise legally authorized to render the same specific professional services within this or any other state as those for which the corporation was incorporated.
[ 1998 c 293 § 2; 1983 c 51 § 7.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.070 - Professional relationships and liabilities preserved.

RCW 18.100.070
Professional relationships and liabilities preserved.
Nothing contained in this chapter shall be interpreted to abolish, repeal, modify, restrict, or limit the law now in effect in this state applicable to the professional relationship and liabilities between the person furnishing the professional services and the person receiving such professional service and the standards for professional conduct. Any director, officer, shareholder, agent, or employee of a corporation organized under this chapter shall remain personally and fully liable and accountable for any negligent or wrongful acts or misconduct committed by him or her or by any person under his or her direct supervision and control, while rendering professional services on behalf of the corporation to the person for whom such professional services were being rendered. The corporation shall be liable for any negligent or wrongful acts of misconduct committed by any of its directors, officers, shareholders, agents, or employees while they are engaged on behalf of the corporation, in the rendering of professional services.
[ 2011 c 336 § 502; 1969 c 122 § 7.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.080 - Engaging in other business prohibited—Investments.

RCW 18.100.080
Engaging in other business prohibited—Investments.
No professional service corporation organized under this chapter shall engage in any business other than the rendering of the professional services for which it was incorporated or service as a trustee as authorized by RCW 11.36.021 or as a personal representative as authorized by RCW 11.36.010: PROVIDED, That nothing in this chapter or in any other provisions of existing law applicable to corporations shall be interpreted to prohibit such corporation from investing its funds in real estate, personal property, mortgages, stocks, bonds, insurance, or any other type of investments.
[ 1984 c 149 § 170; 1969 c 122 § 8.]
NOTES:
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.090 - Stock issuance.

RCW 18.100.090
Stock issuance.
Except as otherwise provided in RCW 18.100.118, no professional corporation organized under the provisions of this chapter may issue any of its capital stock to anyone other than the trustee of a qualified trust or an individual who is duly licensed or otherwise legally authorized to render the same specific professional services within this or any other state as those for which the corporation was incorporated.
[ 1998 c 293 § 3; 1997 c 18 § 2; 1983 c 51 § 4; 1969 c 122 § 9.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.095 - Validity of share voting agreements.

RCW 18.100.095
Validity of share voting agreements.
Except for qualified trusts, a proxy, voting trust, or other voting agreement with respect to shares of a professional corporation shall not be valid unless all holders thereof, all trustees and beneficiaries thereof, or all parties thereto, as the case may be, are eligible to be shareholders of the corporation.
[ 1997 c 18 § 3; 1983 c 51 § 12.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.100 - Legal qualification of officer, shareholder or employee to render professional service, effect.

RCW 18.100.100
Legal qualification of officer, shareholder or employee to render professional service, effect.
Unless a director, officer, shareholder, agent or employee of a corporation organized under this chapter who has been rendering professional service to the public is legally qualified at all times to render such professional services within at least one state in which the corporation conducts business, he or she shall sever all employment with, and financial interests in, such corporation forthwith. A corporation's failure to require compliance with this provision shall constitute a ground for the forfeiture of its articles of incorporation and its dissolution. When a corporation's failure to comply with this provision is brought to the attention of the office of the secretary of state, the secretary of state forthwith shall certify that fact to the attorney general for appropriate action to dissolve the corporation.
[ 1998 c 293 § 4; 1969 c 122 § 10.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.110 - Sale or transfer of shares.

RCW 18.100.110
Sale or transfer of shares.
No shareholder of a corporation organized as a professional corporation may sell or transfer his or her shares in such corporation except to the trustee of a qualified trust or another individual who is eligible to be a shareholder of such corporation. Any transfer of shares in violation of this section shall be void. However, nothing in this section prohibits the transfer of shares of a professional corporation by operation of law or court decree.
[ 1997 c 18 § 4; 1983 c 51 § 5; 1969 c 122 § 11.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.114 - Merger or consolidation.

RCW 18.100.114
Merger or consolidation.
A corporation organized under this chapter may merge or consolidate with another corporation, domestic or foreign, organized to render the same specific professional services, only if every shareholder of each corporation is eligible to be a shareholder of the surviving or new corporation.
[ 1998 c 293 § 6; 1983 c 51 § 8.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.116 - Death of shareholder, transfer to ineligible person—Treatment of shares.

RCW 18.100.116
Death of shareholder, transfer to ineligible person—Treatment of shares.
(1) If:
(a)(i) A shareholder of a professional corporation dies;
(ii) A shareholder of a professional corporation becomes an ineligible person;
(iii) Shares of a professional corporation are transferred by operation of law or court decree to an ineligible person; or
(iv) A charitable remainder unitrust or charitable remainder annuity trust that holds shares of a professional corporation becomes an ineligible person; and
(b) The shares held by the deceased shareholder or by such ineligible person are less than all of the outstanding shares of the corporation, then
the shares held by the deceased shareholder or by the ineligible person may be transferred to remaining shareholders of the corporation or may be redeemed by the corporation pursuant to terms stated in the articles of incorporation or by laws of the corporation, or in a private agreement. In the absence of any such terms, such shares may be transferred to any individual eligible to be a shareholder of the corporation.
(2) If such a redemption or transfer of the shares held by a deceased shareholder or an ineligible person is not completed within twelve months after the death of the deceased shareholder or the transfer, as the case may be, such shares shall be deemed to be shares with respect to which the holder has elected to exercise the right of dissent described in chapter 23B.13 RCW and has made written demand on the corporation for payment of the fair value of such shares. The corporation shall forthwith cancel the shares on its books and the deceased shareholder or ineligible person shall have no further interest in the corporation other than the right to payment for the shares as is provided in RCW 23B.13.250. For purposes of the application of RCW 23B.13.250, the date of the corporate action and the date of the shareholder's written demand shall be deemed to be one day after the date on which the twelve-month period from the death of the deceased shareholder, or from the transfer, expires.
[ 1997 c 18 § 5; 1991 c 72 § 4; 1983 c 51 § 10.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.118 - Eligibility of certain representatives and transferees to serve as directors, officers, or shareholders.

RCW 18.100.118
Eligibility of certain representatives and transferees to serve as directors, officers, or shareholders.
If all of the outstanding shares of a professional corporation are held by an administrator, executor, guardian, conservator, or receiver of the estate of a former shareholder, or by a transferee who received such shares by operation of law or court decree, such administrator, executor, guardian, conservator, receiver, or transferee for a period of twelve months following receipt or transfer of such shares may be a director, officer, or shareholder of the professional corporation.
[ 1983 c 51 § 11.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.120 - Name—Listing of shareholders.

RCW 18.100.120
Name—Listing of shareholders.
Corporations organized pursuant to this chapter shall render professional service and exercise its authorized powers under a name permitted by law and the professional ethics of the profession in which the corporation is so engaged. The corporate name of a professional service corporation must comply with the requirements of Article 3 of chapter 23.95 RCW. With the filing of its first annual report and any filings thereafter, a professional service corporation shall list its then shareholders.
[ 2015 c 176 § 9120; 1993 c 290 § 1; 1982 c 35 § 169; 1969 c 122 § 12.]
NOTES:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.130 - Application of Business Corporation Act and Nonprofit Corporation Act.

RCW 18.100.130
Application of Business Corporation Act and Nonprofit Corporation Act.
(1) For a professional service corporation organized for pecuniary profit under this chapter, the provisions of Title 23B RCW shall be applicable except to the extent that any of the provisions of this chapter are interpreted to be in conflict with the provisions thereof, and in such event the provisions and sections of this chapter shall take precedence with respect to a corporation organized pursuant to the provisions of this chapter.
(2) For a professional service corporation organized under this chapter and chapter 24.03A RCW as a nonprofit corporation, the provisions of chapter 24.03A RCW shall be applicable except to the extent that any of the provisions of this chapter are interpreted to be in conflict with the provisions thereof, and in such event the provisions and sections of this chapter shall take precedence with respect to a corporation organized under the provisions of this chapter.
[ 2021 c 176 § 5205; 1991 c 72 § 5; 1986 c 261 § 2; 1983 c 51 § 6; 1969 c 122 § 13.]
NOTES:
Effective date—2021 c 176: See note following RCW 24.03A.005.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.132 - Nonprofit professional service corporations formed under prior law.

RCW 18.100.132
Nonprofit professional service corporations formed under prior law.
A nonprofit professional service corporation formed pursuant to *chapter 431, Laws of 1985, may amend its articles of incorporation at any time before July 31, 1987, to comply with the provisions of this chapter. Compliance under this chapter shall relate back and take effect as of the date of formation of the corporation under *chapter 431, Laws of 1985, and the corporate existence shall be deemed to have continued without interruption from that date.
[ 1986 c 261 § 4.]
NOTES:
*Reviser's note: Chapter 431, Laws of 1985 enacted RCW 24.03.038, which was repealed by 1986 c 261 § 7.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.133 - Business corporations, election of this chapter.

RCW 18.100.133
Business corporations, election of this chapter.
A business corporation formed under the provisions of Title 23B RCW may amend its articles of incorporation to change its stated purpose to the rendering of professional services and to conform to the requirements of this chapter. Upon the effective date of such amendment, the corporation shall be subject to the provisions of this chapter and shall continue in existence as a professional corporation under this chapter.
[ 1991 c 72 § 6; 1986 c 261 § 5.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.134 - Professional services—Deletion from stated purposes of corporation.

RCW 18.100.134
Professional services—Deletion from stated purposes of corporation.
A professional corporation may amend its articles of incorporation to delete from its stated purposes the rendering of professional services and to conform to the requirements of Title 23B RCW, or to the requirements of chapter 24.03A RCW if organized pursuant to RCW 18.100.050 as a nonprofit corporation. Upon the effective date of such amendment, the corporation shall no longer be subject to the provisions of this chapter and shall continue in existence as a corporation under Title 23B RCW or chapter 24.03A RCW.
[ 2021 c 176 § 5206; 1991 c 72 § 7; 1986 c 261 § 3; 1983 c 51 § 9.]
NOTES:
Effective date—2021 c 176: See note following RCW 24.03A.005.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.140 - Improper conduct not authorized.

RCW 18.100.140
Improper conduct not authorized.
Nothing in this chapter shall authorize a director, officer, shareholder, agent, or employee of a corporation organized under this chapter, or a corporation itself organized under this chapter, to do or perform any act which would be illegal, unethical, or unauthorized conduct under the provisions of the following acts: (1) Physicians and surgeons, chapter 18.71 RCW; (2) anti-rebating act, chapter 19.68 RCW; (3) state bar act, chapter 2.48 RCW; (4) professional accounting act, chapter 18.04 RCW; (5) professional architects act, chapter 18.08 RCW; (6) professional auctioneers act, chapter 18.11 RCW; (7) cosmetologists, barbers, and manicurists, chapter 18.16 RCW; (8) assisted living facilities act, chapter 18.20 RCW; (9) podiatric medicine and surgery, chapter 18.22 RCW; (10) chiropractic act, chapter 18.25 RCW; (11) registration of contractors, chapter 18.27 RCW; (12) debt adjusting act, chapter 18.28 RCW; (13) dental hygienist act, chapter 18.29 RCW; (14) dentistry, chapter 18.32 RCW; (15) dispensing opticians, chapter 18.34 RCW; (16) naturopathic physicians, chapter 18.36A RCW; (17) embalmers and funeral directors, chapter 18.39 RCW; (18) engineers and land surveyors, chapter 18.43 RCW; (19) escrow agents registration act, chapter 18.44 RCW; (20) birthing centers, chapter 18.46 RCW; (21) midwifery, chapter 18.50 RCW; (22) nursing homes, chapter 18.51 RCW; (23) optometry, chapter 18.53 RCW; (24) osteopathic physicians and surgeons, chapter 18.57 RCW; (25) pharmacists, chapter 18.64 RCW; (26) physical therapy, chapter 18.74 RCW; (27) registered nurses, advanced registered nurse practitioners, and practical nurses, chapter 18.79 RCW; (28) psychologists, chapter 18.83 RCW; (29) real estate brokers and salespersons, chapter 18.85 RCW; (30) veterinarians, chapter 18.92 RCW.
[ 2012 c 10 § 38; 2011 c 336 § 503; 1994 sp.s. c 9 § 717; 1987 c 447 § 16; 1982 c 35 § 170; 1969 c 122 § 14.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.145 - Doctor of osteopathic medicine and surgery—Discrimination prohibited.

RCW 18.100.145
Doctor of osteopathic medicine and surgery—Discrimination prohibited.
A professional service corporation that provides health care services to the general public may not discriminate against a qualified doctor of osteopathic medicine and surgery licensed under chapter 18.57 RCW, who has applied to practice with the professional service corporation, solely because that practitioner was board certified or eligible under an approved osteopathic certifying board instead of board certified or eligible respectively under an approved medical certifying board.
[ 1995 c 64 § 2.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.100 - Professional Service Corporations. › 18.100.160 - Foreign professional corporation.

RCW 18.100.160
Foreign professional corporation.
A foreign professional corporation may render professional services in this state so long as it complies with chapter 23B.15 RCW and each individual rendering professional services in this state is duly licensed or otherwise legally authorized to render such professional services within this state.
[ 1998 c 293 § 7.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.005 - Transfer of duties to the department of health.

RCW 18.104.005
Transfer of duties to the department of health.
The powers and duties of the department of social and health services under this chapter shall be performed by the department of health.
[ 1989 1st ex.s. c 9 § 237.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.010 - Purpose.

RCW 18.104.010
Purpose.
The legislature declares that the drilling, making or constructing of wells within the state is a business and activity of vital interest to the public. In order to protect the public health, welfare, and safety of the people it is necessary that provision be made for the regulation and licensing of well contractors and operators and for the regulation of well design and construction.
[ 1993 c 387 § 1; 1971 ex.s. c 212 § 1.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.030 - Compliance enjoined.

RCW 18.104.030
Compliance enjoined.
It is unlawful:
(1) For any person to supervise, construct, alter, or decommission a well without complying with the provisions of this chapter and the rules for well construction adopted pursuant to this chapter;
(2) For any person to cause a well to be constructed in violation of the standards for well construction established by this chapter and rules adopted by the department pursuant to this chapter;
(3) For a prospective water well owner to have a water well constructed without first obtaining a water right permit, if a permit is required;
(4) For any person to construct, alter, or decommission a well unless the fees required by RCW 18.104.055 have been paid;
(5) For a person to tamper with or remove a well identification tag except during well alteration; and
(6) Except as provided in RCW 18.104.180, for any person to contract to engage in the construction of a well or to act as a well operator without first obtaining a license pursuant to this chapter.
[ 1993 c 387 § 3; 1971 ex.s. c 212 § 3.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.040 - Powers of department.

RCW 18.104.040
Powers of department.
The department shall have the power:
(1) To issue, deny, suspend or revoke licenses pursuant to the provisions of this chapter;
(2) At all reasonable times, to enter upon lands for the purpose of inspecting, taking measurements from, or tagging any well, constructed or being constructed;
(3) To call upon or receive professional or technical advice from the department of health, the technical advisory group created in RCW 18.104.190, or any other public agency or person;
(4) To adopt rules, in consultation with the department of health and the technical advisory group created in RCW 18.104.190, governing licensing and well construction as may be appropriate to carry out the purposes of this chapter. The rules adopted by the department may include, but are not limited to:
(a) Standards for the construction and maintenance of wells and their casings;
(b) Methods of capping, sealing, and decommissioning wells to prevent contamination of groundwater resources and to protect public health and safety;
(c) Methods of artificial recharge of groundwater bodies and of construction of wells which insure separation of individual water bearing formations;
(d) The manner of conducting and the content of examinations required to be taken by applicants for license hereunder;
(e) Requirements for the filing of notices of intent, well reports, and the payment of fees;
(f) Reporting requirements of well contractors;
(g) Limitations on well construction in areas identified by the department as requiring intensive control of withdrawals in the interests of sound management of the groundwater resource;
(5) To require the operator in the construction of a well and the property owner in the maintenance of a well to guard against waste and contamination of the groundwater resources;
(6) To require the operator to place a well identification tag on a new well and on an existing well on which work is performed after the effective date of rules requiring well identification tags and to place or require the owner to place a well identification tag on an existing well;
(7) To require the well owner to repair or decommission any well:
(a) That is abandoned, unusable, or not intended for future use; or
(b) That is an environmental, safety, or public health hazard.
[ 1993 c 387 § 4; 1991 c 3 § 249; 1971 ex.s. c 212 § 4.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.048 - Prior notice of well construction, reconstruction, or decommissioning.

RCW 18.104.048
Prior notice of well construction, reconstruction, or decommissioning.
A property owner or the owner's agent shall notify the department of his or her intent to begin well construction, reconstruction, or decommissioning procedures at least seventy-two hours in advance of commencing work. The notice shall be submitted on forms provided by the department and shall be accompanied by the fees required by RCW 18.104.055. The notice shall contain the name of the owner of the well, location of the well, proposed use, approximate start date, well contractor's or operator's name and license number, company's name, and other pertinent information as prescribed by rule of the department. Rules of the department shall also provide for prior telephonic notification by well contractors or operators in exceptional situations. The department shall issue a receipt indicating that the notice required by this section has been filed and the fees required by RCW 18.104.055 have been paid not later than three business days after the department has received the notice and fees.
[ 1993 c 387 § 6; 1987 c 394 § 3.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.049 - Modification of construction standards.

RCW 18.104.049
Modification of construction standards.
The department by rule shall adopt procedures to permit a well operator to modify construction standards to meet unforeseen circumstances encountered during the construction of a well. The procedures shall be developed in consultation with the technical advisory group established in RCW 18.104.190.
[ 1993 c 387 § 7.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.050 - Reports of well construction or decommissioning.

RCW 18.104.050
Reports of well construction or decommissioning.
(1) Any person authorized by this chapter to construct or decommission a well shall furnish a well report to the director within thirty days after the completion of the construction or decommissioning of a well. The director, by rule, shall prescribe the form of the report and the information to be contained therein.
(2) In the case of a dewatering well project:
(a) A single well construction report may be submitted for all similar dewatering wells constructed with no significant change in geologic formation; and
(b) A single well decommissioning report may be submitted for all similar dewatering wells decommissioned that have no significant change in geologic formation.
[ 2005 c 84 § 3; 1993 c 387 § 8; 1971 ex.s. c 212 § 5.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.055 - Fees.

RCW 18.104.055
Fees.
(1) A fee is hereby imposed on each well constructed in this state on or after July 1, 2005.
(2)(a) The fee for one water well, other than a dewatering well, with a minimum top casing diameter of less than twelve inches is two hundred dollars. This fee does not apply to a ground source heat pump boring or a grounding well.
(b) The fee for one water well, other than a dewatering well, with a minimum top casing diameter of twelve inches or greater is three hundred dollars.
(c) The fee for a resource protection well, except for an environmental investigation well, a ground source heat pump boring, or a grounding well, is forty dollars for each well.
(d) The fee for an environmental investigation well in which groundwater is sampled or measured is forty dollars for construction of up to four environmental investigation wells per project, ten dollars for each additional environmental investigation well constructed on a project with more than four wells. There is no fee for soil or vapor sampling purposes.
(e) The fee for a ground source heat pump boring or a grounding well is forty dollars for construction of up to four ground source heat pump borings or grounding wells per project and ten dollars for each additional ground source heat pump boring or grounding well constructed on a project with more than four wells.
(f) The combined fee for construction and decommissioning of a dewatering well system shall be forty dollars for each two hundred horizontal lineal feet, or portion thereof, of the dewatering well system.
(g) The fee to decommission a water well is fifty dollars.
(h) The fee to decommission a resource protection well, except for an environmental investigation well, is twenty dollars. There is no fee to decommission an environmental investigation well or a geotechnical soil boring.
(i) The fee to decommission a ground source heat pump boring or a grounding well is twenty dollars.
(3) The fees imposed by this section shall be paid at the time the notice of well construction is submitted to the department as provided by RCW 18.104.048. The department by rule may adopt procedures to permit the fees required for resource protection wells to be paid after the number of wells actually constructed has been determined. The department shall refund the amount of any fee collected for wells, borings, probes, or excavations as long as construction has not started and the department has received a refund request within one hundred eighty days from the time the department received the fee. The refund request shall be made on a form provided by the department.
[ 2005 c 84 § 4; 2002 c 48 § 2; 1993 c 387 § 9.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.060 - Violations—Cease and desist orders.

RCW 18.104.060
Violations—Cease and desist orders.
Notwithstanding and in addition to any other powers granted to the department, whenever it appears to the director, or to an assistant authorized by the director to issue regulatory orders under this section, that a person is violating or is about to violate any of the provisions of this chapter, the director, or the director's authorized assistant, may cause a written regulatory order to be served upon said person either personally, or by registered or certified mail delivered to the addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision of this chapter, and if applicable, the rule adopted pursuant to this chapter alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time. An order issued under this chapter shall become effective immediately upon receipt by the person to whom the order is directed, and shall become final unless review thereof is requested as provided in this chapter.
[ 1993 c 387 § 10; 1971 ex.s. c 212 § 6.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.065 - Remedies for noncomplying wells.

RCW 18.104.065
Remedies for noncomplying wells.
(1) The department may order a well contractor or well operator to repair, alter, or decommission a well if the department demonstrates that the construction of the well did not meet the standards for well construction in effect at the time construction of the well was completed.
(2) The department may not issue an order pursuant to this section:
(a) For wells for which construction has been substantially completed before July 1, 1993, more than six years after construction has been substantially completed; or
(b) For wells for which construction has been substantially completed on or after July 1, 1993, more than three years after construction has been substantially completed.
For purposes of this subsection, "construction has been substantially completed" has the same meaning as "substantial completion of construction" in RCW 4.16.310.
(3) Subsection (2) of this section shall only apply to a well for which the notice of construction required by RCW 18.104.048 and the report required by RCW 18.104.050 have been filed with the department.
[ 1993 c 387 § 11.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.070 - Water well operator's license.

RCW 18.104.070
Water well operator's license.
A person shall be qualified to receive a water well operator's license if the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee determined by rule adopted pursuant to this chapter; and
(2) Has the field experience and educational training required by rule adopted by the department pursuant to this chapter; and
(3) Has passed a written examination as provided for in RCW 18.104.080; and
(4) Has passed an on-site examination by the department if the person's qualifying field experience under subsection (2) of this section is from another state. The department may waive the on-site examination.
[ 1993 c 387 § 12; 1987 c 394 § 2; 1971 ex.s. c 212 § 7.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.080 - Examinations—Subjects—Times and places.

RCW 18.104.080
Examinations—Subjects—Times and places.
The examination for a license issued pursuant to this chapter shall be prepared to test knowledge and understanding of at least the following subjects:
(1) Washington groundwater laws as they relate to well construction;
(2) Sanitary standards for well drilling and construction of wells;
(3) Types of well construction;
(4) Drilling tools and equipment;
(5) Underground geology as it relates to well construction; and
(6) Rules of the department and the department of health relating to well construction.
Examinations shall be held at such times and places as may be determined by the department but not later than thirty days after an applicant has filed a completed application with the department. The department shall make a determination of the applicant's qualifications for a license within ten days after the examination.
[ 1993 c 387 § 16; 1991 c 3 § 250; 1971 ex.s. c 212 § 8.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.093 - Water well construction operator's training license.

RCW 18.104.093
Water well construction operator's training license.
The department may issue a water well construction operator's training license if the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;
(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in RCW 18.104.080;
(4) Has passed an on-site examination by the department; and
(5) Presents a statement by a person licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in chapter 5.50 RCW, verifying that the applicant has the field experience required by rules adopted pursuant to this chapter and assuming liability for any and all well construction activities of the person seeking the training license.
A person with a water well construction operator's training license may operate a drilling rig without the direct supervision of a licensed operator if a licensed operator is available by radio, telephone, or other means of communication.
[ 2019 c 232 § 13; 1993 c 387 § 13.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.095 - Resource protection well operator's license.

RCW 18.104.095
Resource protection well operator's license.
A person shall be qualified to receive a resource protection well operator's license if the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;
(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in RCW 18.104.080. This requirement shall not apply to a person who passed the written examination to obtain a resource protection well construction operator's training license; and
(4) Has passed an on-site examination by the department if the person's qualifying field experience is from another state. The department may waive the on-site examination.
A person with a license issued pursuant to this chapter before July 1, 1993, may obtain a resource protection well construction operator's license by paying the application fee determined by rule adopted by the department pursuant to this chapter and submitting evidence required by the department to demonstrate that the person has the required experience to construct resource protection wells.
[ 1993 c 387 § 14.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.097 - Resource protection well operator's training license.

RCW 18.104.097
Resource protection well operator's training license.
The department may issue a resource protection well operator's training license if the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;
(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in RCW 18.104.080;
(4) Has passed an on-site examination by the department; and
(5) Presents a statement by a person licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in chapter 5.50 RCW, verifying that the applicant has the field experience required by rules adopted pursuant to this chapter and assuming liability for any and all well construction activities of the person seeking the training license.
A person with a resource protection well construction operator's training license may operate a drilling rig without direct supervision of a licensed operator if a licensed operator is accessible by radio, telephone, or other means of communication.
[ 2019 c 232 § 14; 1993 c 387 § 15.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.104 - Water Well Construction. › 18.104.100 - Licenses—Duration—Renewal—Failure to renew, procedure—Suspension—Conditional licenses.

RCW 18.104.100
Licenses—Duration—Renewal—Failure to renew, procedure—Suspension—Conditional licenses.
(1) Licenses issued pursuant to this chapter shall be renewed every two years. A license shall be renewed upon payment of a renewal fee and completion of continuing education requirements and receipt of a completed license renewal application. If a licensee fails to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education, the license shall be suspended at the end of its effective term. The licensee is not allowed to perform work authorized by their license during the time that it is suspended. The licensee is allowed thirty days to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education for the renewal period. Continuing education obtained during the thirty-day suspension period may be applied only to the next renewal period. If a licensee fails to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education by the end of the thirty-day suspension period, the license expires. The department shall adopt rules, in consultation with the technical advisory group created under RCW 18.104.190, that allow for an extension of the thirty-day suspension period for certain situations that are beyond the control of the licensee. The rules must also allow for a retirement or inactive license.
(2) A person whose license has expired must apply for a new license as provided in this chapter. The department may waive the requirement for a written examination and on-site testing for a person whose license has expired.
(3) The department may refuse to renew a license if the licensee has not complied with an order issued by the department or has not paid a penalty imposed in accordance with this chapter, unless the order or penalty is under appeal.
(4) The department may issue a conditional license to enable a former licensee to comply with an order to correct problems with a well.
[ 2005 c 84 § 5; 1993 c 387 § 17; 1971 ex.s. c 212 § 10.]