reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.507 - Gasoline delivered to service stations—Invoice required.

RCW 19.94.507
Gasoline delivered to service stations—Invoice required.
Persons delivering gasoline to retail service stations shall supply the station with an invoice which shall include the following information: (1) The gross volume of gasoline and the net volume of gasoline at sixty degrees Fahrenheit; (2) the time and temperature of the gasoline as loaded onto the delivery truck; and (3) the time of delivery to the retail service station.
[ 1987 c 42 § 2.]
NOTES:
Intent—1987 c 42: "The legislature finds: That leaking underground storage tanks containing petroleum products may pose a significant and widespread problem to human health and the environment, that current inventory procedures are inadequately suited to identify leaking underground storage tanks, and that new measures are needed to properly determine which tanks may be leaking." [ 1987 c 42 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.515 - Unlawful commercial use of instrument or device—Penalty.

RCW 19.94.515
Unlawful commercial use of instrument or device—Penalty.
A person who owns or uses a weighing or measuring instrument or device and uses or permits the use of the instrument for commercial purposes in violation of RCW 19.94.015 is subject to a civil penalty of one hundred dollars for each such instrument or device used or permitted to be used in violation of RCW 19.94.015.
[ 2019 c 96 § 18; 1995 c 355 § 22.]
NOTES:
Effective date—2019 c 96: See note following RCW 19.94.160.
Application—Effective dates—1995 c 355: See notes following RCW 19.94.015.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.517 - Incorrect commercial instrument or device to benefit of owner/operator—Penalties—Appeal.

RCW 19.94.517
Incorrect commercial instrument or device to benefit of owner/operator—Penalties—Appeal.
(1) Whenever the department or a city sealer tests or inspects a weighing or measuring instrument or device and finds the instrument or device to be incorrect to the economic benefit of the owner/operator of the weighing or measuring instrument or device and to the economic detriment of the customer, the owner of the weighing or measuring instrument or device is subject to the following civil penalties:
Device deviations outside the tolerances stated in Handbook 44.
Penalty
Small weighing or measuring instruments or devices:
First violation . . . .
$
200.00
Second or subsequent violation within one year of first violation . . . .
$
500.00
Medium weighing or measuring instruments or devices:
First violation . . . .
$
400.00
Second or subsequent violation within one year of first violation . . . .
$
1,000.00
Large weighing or measuring instruments or devices:
First violation . . . .
$
500.00
Second or subsequent violation within one year of first violation . . . .
$
2,000.00
Electric vehicle fuel measuring instruments or devices:
First violation . . . .
$
200.00
Second or subsequent violation within one year of first violation . . . .
$
500.00
(2) For the purposes of this section:
(a) The following are small weighing or measuring instruments or devices: Scales of zero to four hundred pounds capacity, liquid fuel metering devices with flows of not more than twenty gallons per minute, liquid petroleum gas meters with one inch in diameter or smaller dispensers, fabric meters, cordage meters, and taxi meters.
(b) The following are medium weighing or measuring instruments or devices: Scales of four hundred one to five thousand pounds capacity, liquid fuel metering devices with flows of more than twenty but not more than one hundred fifty gallons per minute, and mass flow meters.
(c) The following are large weighing or measuring instruments or devices: Liquid petroleum gas meters with greater than one inch diameter dispensers, liquid fuel metering devices with flows over one hundred fifty gallons per minute, and scales of more than five thousand pounds capacity and scales of more than five thousand pounds capacity with supplemental devices.
(3) The weighing or measuring instrument or device owner may appeal the civil penalty.
[ 2021 c 238 § 10; 2019 c 96 § 19; 1995 c 355 § 23.]
NOTES:
Effective date—2019 c 96: See note following RCW 19.94.160.
Application—Effective dates—1995 c 355: See notes following RCW 19.94.015.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.520 - Injunction against violations.

RCW 19.94.520
Injunction against violations.
The director is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of this chapter.
[ 1969 c 67 § 52.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.530 - Proof of existence of weighing or measuring instrument or device presumed proof of regular use.

RCW 19.94.530
Proof of existence of weighing or measuring instrument or device presumed proof of regular use.
For the purposes of this chapter, proof of the existence of a weighing or measuring instrument or device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weighing or measuring instrument or device for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle.
[ 1992 c 237 § 36; 1969 c 67 § 53.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.540 - Antifreeze products—Use of aversive agent.

RCW 19.94.540
Antifreeze products—Use of aversive agent.
(1) Any engine coolant or antifreeze manufactured or distributed in the state of Washington after January 1, 2010, that contains more than ten percent ethylene glycol shall contain denatonium benzoate at a minimum of thirty parts per million and a maximum of fifty parts per million as an aversive agent so as to render the product unpalatable.
(2) The requirements of this section apply to manufacturers, packagers, distributors, recyclers, or sellers of engine coolant or antifreeze, but not to those who install engine coolant or antifreeze for compensation.
(3) A manufacturer of a product subject to this section and RCW 19.94.542 and 19.94.544 shall maintain a record of the trade name, scientific name, and active ingredients of any aversive used under this section. The manufacturer shall make this information available to the public upon request.
[ 2008 c 68 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.542 - Antifreeze products—Aversive agents—Limitation of liability.

RCW 19.94.542
Antifreeze products—Aversive agents—Limitation of liability.
(1) A manufacturer, packager, distributor, recycler, or seller of an engine coolant or antifreeze that is required to contain an aversive agent as required by RCW 19.94.540 shall not be liable for any personal injury, death, property damage, damage to the environment or a natural resource, or economic loss that results from the inclusion of denatonium benzoate in engine coolant or antifreeze.
(2) The limitation of liability provided in subsection (1) of this section does not apply to a particular liability that is not caused or is unrelated to the inclusion of denatonium benzoate in engine coolant or antifreeze.
[ 2008 c 68 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.544 - Antifreeze products—Aversive agents—Application.

RCW 19.94.544
Antifreeze products—Aversive agents—Application.
The requirements of this section and RCW 19.94.540 and 19.94.542 shall not apply to the sale of a motor vehicle that contains engine coolant or antifreeze.
[ 2018 c 198 § 1; 2008 c 68 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.550 - Electric vehicle supply equipment—Publicly available.

RCW 19.94.550
Electric vehicle supply equipment—Publicly available.
(1) In addition to the definition of publicly available electric vehicle supply equipment provided in RCW 19.94.010 and except for the applicable exemptions in RCW 19.94.555, electric vehicle supply equipment is considered publicly available and is subject to the requirements of this chapter if:
(a) A lessee, electric vehicle service provider, or a property owner designates electric vehicle supply equipment to be available only to customers or visitors of a business or charging network;
(b) Any member of the public can obtain vehicular access to electric vehicle supply equipment and associated parking spaces for free or through payment of a fee, including electric vehicle supply equipment located in a parking garage or gated facility; or
(c) The electric vehicle supply equipment and associated parking spaces are made available to the public for only limited time periods, then the electric vehicle supply equipment and associated parking spaces are considered publicly available electric vehicle supply equipment during those limited time periods only.
(2) The director may by rule subject additional types of electric vehicle supply equipment to the requirements of this chapter to benefit the public and provide protections to consumers.
[ 2021 c 238 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.555 - Electric vehicle supply equipment exemptions.

RCW 19.94.555
Electric vehicle supply equipment exemptions.
(1) Publicly available electric vehicle supply equipment is exempt from compliance with the requirements of RCW 19.94.560 through 19.94.570 if:
(a) Members of the public may use the electric vehicle supply equipment at no cost, including no charges, fees, memberships, minimum balance on an account, and other cost at all times; and
(b) It is clearly marked that the electric vehicle supply equipment is available for use at no cost at all times.
(2) RCW 19.94.560 through 19.94.575 do not apply to:
(a) Workplace electric vehicle supply equipment and its associated parking spaces if it is clearly marked and operated as available exclusively to employees or contracted drivers, regardless of the physical accessibility of the electric vehicle supply equipment to the public;
(b) Electric vehicle supply equipment and associated parking spaces reserved exclusively for residents, tenants, visitors, or employees of a private residence or common interest community; or a residential building adjacent to a private residence;
(c) Level 2 electric vehicle supply equipment located on or near the curb of a residential electric utility customer's property, directly connected to that residential electric utility customer's meter, and intended to serve only that residential electric utility customer;
(d) Electric vehicle supply equipment and associated parking spaces provided by a vehicle dealer licensed under chapter 46.70 RCW at its established place of business.
(3) The director may by rule provide exemptions from compliance with some or all requirements of this chapter to benefit the public and provide protections to consumers, including electric vehicle supply equipment that is not available or intended for use by the public but where charges, fees, or other costs are required to initiate a charging session.
[ 2021 c 238 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.560 - Electric vehicle service provider disclosures.

RCW 19.94.560
Electric vehicle service provider disclosures.
(1) By January 1, 2023, the electric vehicle service provider must ensure all publicly available electric vehicle supply equipment is clearly marked and discloses all charges, fees, and costs associated with a charging session at the point of sale and prior to a user or a vehicle initiating a charging session. At a minimum, the electric vehicle service provider must disclose to the user the following information at the point of sale, if applicable:
(a) A fee for use of the parking space;
(b) A nonmember plug-in fee from the electric vehicle service provider;
(c) Price to refuel in United States dollars per kilowatt-hour or megajoule;
(d) Any potential changes in the price to refuel, in United States dollars per kilowatt-hour or megajoule, due to variable pricing; and
(e) Any other fees charged for a charging session.
(2) If the charging session or portion of a charging session is offered at no cost, it must be disclosed at the location where the charging session is initiated and prior to a user or a vehicle initiating a charging session.
(3) For the purpose of this section, "point of sale" means the location where the charging session and associated commercial transaction is initiated including, but not limited to, electric vehicle supply equipment or kiosk used to service that electric vehicle supply equipment.
[ 2021 c 238 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.570 - Electric vehicle supply equipment interoperability standards.

RCW 19.94.570
Electric vehicle supply equipment interoperability standards.
(1) Interoperability standards provide safeguards to consumers and support access to electric vehicle supply equipment. In order for Washington to have reliable, accessible, and competitive markets for electric vehicle supply equipment that are necessary for the movement of goods and people by electric vehicles, interoperability standards that align with national and international best practices or standards are necessary.
(2) By January 1, 2023, the department, in consultation with the department of commerce and the Washington utilities and transportation commission, must adopt rules establishing requirements for all electric vehicle service providers to, at a minimum, meet and maintain nonproprietary interoperability standards for publicly available level 2 electric vehicle supply equipment and direct current fast charger electric vehicle supply equipment and may review and, if necessary, amend the rules every two years, to maintain consistency with evolving technology. The requirements shall not provide that any charging provider must purchase or license proprietary technology or software from any other company, and shall not require that companies maintain interoperability agreements with other companies.
(3) For the purpose of this section, "interoperability" means the ability of hardware, software, or a communications network provided by one party, vendor, or service provider to interact with or exchange and make use of information, including payment information, between hardware, software, or a communications network provided by a different party, vendor, or service provider.
(4) The requirements of this section shall not apply to publicly available electric vehicle supply equipment provided by a manufacturer of electric vehicles for the exclusive use by vehicles it manufactures.
[ 2021 c 238 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.575 - Electric vehicle service providers operating one or more publicly available level 2 electric vehicle supply equipment or direct current fast charger electric vehicle supply equipment.

RCW 19.94.575
Electric vehicle service providers operating one or more publicly available level 2 electric vehicle supply equipment or direct current fast charger electric vehicle supply equipment.
(1) This section applies to all electric vehicle service providers operating one or more publicly available level 2 electric vehicle supply equipment or direct current fast charger electric vehicle supply equipment installed in Washington. If an electric vehicle service provider also operates electric vehicle supply equipment that is not available to the public, the requirements of this section apply only to that electric vehicle service provider's publicly available level 2 electric vehicle supply equipment or direct current fast charger electric vehicle supply equipment installed in Washington.
(2) By January 1, 2023, electric vehicle service providers must report inventory and payment method information to the national renewable energy laboratory, alternative fuels data center. The information must be reported, at a minimum, annually and must include, but is not limited to:
(a) Electric vehicle service provider information;
(b) Electric vehicle supply equipment inventory for both active and retired, decommissioned, or removed electric vehicle supply equipment in Washington;
(c) Electric vehicle supply equipment payment method information.
(3) The department may adopt additional reporting requirements to support compliance with chapter 238, Laws of 2021.
[ 2021 c 238 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.580 - Electric vehicle service provider penalties.

RCW 19.94.580
Electric vehicle service provider penalties.
(1) An electric vehicle service provider that fails to meet the requirements established under RCW 19.94.560 through 19.94.570, or any rule adopted pursuant to the authority granted to the department under RCW 19.94.560 through 19.94.570, is subject to a civil penalty of $200 per electric vehicle supply equipment for the first violation and $500 per electric vehicle supply equipment for each subsequent violation within one year of the first violation.
(2) Moneys collected under this section must first be used to cover the department's costs to enforce this section. Any remaining moneys must be deposited into the electric vehicle account created in RCW 82.44.200.
[ 2021 c 238 § 11.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.585 - Charging session—Consumer data disclosure.

RCW 19.94.585
Charging session—Consumer data disclosure.
If an electric vehicle service provider sells or intends to sell consumer data collected during or associated with a charging session, the electric vehicle service provider shall disclose all types of data collected to the consumer.
[ 2021 c 238 § 13.]
NOTES:
Contingent effective date—2021 c 238 § 13: "Section 13 of this act takes effect only if chapter . . . (Substitute Senate Bill No. 5062), Laws of 2021 is not enacted by June 30, 2021." [ 2021 c 238 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.900 - Chapter cumulative and nonexclusive.

RCW 19.94.900
Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law.
[ 1969 c 67 § 54.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.94 - Weights and Measures. › 19.94.920 - Effective date—1992 c 237.

RCW 19.94.920
Effective date—1992 c 237.
This act shall take effect July 1, 1992.
[ 1992 c 237 § 41.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.020 - Repurchase payments—Liens and claims.

RCW 19.98.020
Repurchase payments—Liens and claims.
All repurchase payments to dealers made pursuant to RCW 19.98.010 shall be less amounts owed on any lien or claim then outstanding upon such items covered by this section. Any supplier making repurchase payments covered by this chapter to any dealer shall satisfy such secured liens or claims pursuant to Article 62A.9A RCW less any interest owed to the lienholder arising from the financing of such items which shall be paid to any such secured lienholder by the dealer. In no case shall the supplier, in making payments covered by RCW 19.98.010, pay in excess of those amounts prescribed therein.
[ 2002 c 236 § 3; 2000 c 171 § 66; 1975 1st ex.s. c 277 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.030 - Prices—How determined.

RCW 19.98.030
Prices—How determined.
The prices of equipment and repair parts therefor, required to be paid to any dealer as provided in RCW 19.98.010 shall be determined by taking one hundred percent of the net cost of the invoiced price of equipment and ninety-five percent of the current net price of repair parts therefor as shown upon the supplier's price lists, catalogues, or electronic catalogs in effect at the time such contract is canceled or discontinued.
The supplier assumes transfer of ownership of equipment F.O.B. dealer location.
[ 2002 c 236 § 4; 1975 1st ex.s. c 277 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.040 - Failure or refusal to make payments—Civil action.

RCW 19.98.040
Failure or refusal to make payments—Civil action.
In the event that any supplier of equipment and repair parts, upon cancellation or discontinuation of a contract by either a dealer or supplier, fails or refuses to make payment to such dealer as is required by RCW 19.98.010, the supplier is liable in a civil action to be brought by the dealer for such payments as are required by RCW 19.98.010.
[ 2002 c 236 § 5; 1975 1st ex.s. c 277 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.100 - Findings.

RCW 19.98.100
Findings.
The legislature of this state finds that the retail distribution and sales of equipment, utilizing independent dealers operating under agreements with suppliers, vitally affects the general economy of the state, public interests, and public welfare and that it is necessary to regulate the business relations between the dealers and the suppliers.
[ 2002 c 236 § 6; 1990 c 124 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.140 - Actions against suppliers—Remedies.

RCW 19.98.140
Actions against suppliers—Remedies.
Any equipment dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the equipment dealer as a consequence of the supplier's violation including requiring the supplier to repurchase at fair market value any data processing hardware and specialized repair tools and equipment previously purchased pursuant to requirements of the supplier, compensation for any loss of business, and the actual costs of the action, including reasonable attorneys' fees. The equipment dealer may also be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or substantial change in competitive circumstances. The remedies set forth in this action shall not be deemed exclusive and shall be in addition to any other remedies permitted by law. Nothing in this section is intended to prevent any court from awarding to the supplier actual costs of the action, including reasonable attorney's fees if the action is deemed frivolous.
[ 1990 c 124 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.150 - Successors in interest.

RCW 19.98.150
Successors in interest.
The obligations of any supplier under this chapter are applied to any successor in interest or assignee of the supplier. A successor in interest includes any purchaser of assets or stock, any surviving corporation resulting from merger or liquidation, and any receiver or any trustee of the original supplier.
[ 1990 c 124 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.160 - Establishment of new dealership—Supplier's duties.

RCW 19.98.160
Establishment of new dealership—Supplier's duties.
When a supplier enters into an agreement to establish a new dealer or dealership or to relocate a current dealer or dealership for a particular product line or make of equipment, the supplier must give written notice of such an agreement by certified mail to all existing dealers or dealerships whose assigned area of responsibility is contiguous to the new dealer or dealership location. If no area of responsibility has been assigned then the supplier must give written notice of such an agreement by certified mail to the dealers or dealerships within a seventy-five mile radius of the new dealer location. The supplier must provide in its written notice the following information about the proposed new or relocated dealer or dealership:
(1) The proposed location;
(2) The proposed date for commencement of operation at the new location; and
(3) The identities of all existing dealers or dealerships or dealerships whose assigned area of responsibility is contiguous to the new dealer or dealership location. If no area of responsibility has been assigned then the supplier must give written notice of such an agreement by certified mail to the dealers or dealerships located within a seventy-five mile radius of the new dealer location.
[ 2002 c 236 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.180 - Audit of warranty claims.

RCW 19.98.180
Audit of warranty claims.
A supplier may not audit a dealer's records with respect to any warranty claim submitted more than one year before the audit, unless a false claim is disclosed. However, the supplier has the right to audit warranty claims submitted more than one year before the audit when the audit discloses a false claim.
[ 2002 c 236 § 11.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.190 - Civil action—Award.

RCW 19.98.190
Civil action—Award.
(1) In the event that the supplier fails to make payment in accordance with the terms of RCW 19.98.170 or violates any other provisions of RCW 19.98.170 or 19.98.180, a dealer may bring an action in a court of competent jurisdiction to obtain payment of a warranty claim submitted to a supplier.
(2) In the event that the court finds that the supplier has failed to make payment in accordance with the terms of RCW 19.98.170 or has violated any other provisions of RCW 19.98.170 or 19.98.180, the court shall award the dealer costs and reasonable attorneys' fees.
[ 2002 c 236 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.200 - Supplier-required work.

RCW 19.98.200
Supplier-required work.
(1) In the event a supplier requires the dealer to work on equipment to enhance the safe operation of the equipment, the supplier must reimburse the dealer for parts, labor, and transportation of equipment or personnel to perform the work on equipment covered by the requirements of the supplier.
(2) In the event a supplier requires the dealer to perform product improvement work on equipment, the supplier must reimburse the dealer for parts and labor.
(3) For purposes of this section, a supplier must compensate its dealers pursuant to the following schedule:
(a) The hourly labor rate for which the dealer is compensated may not be less than the rate charged by the dealer for like services provided; and
(b) Compensation for parts used in the performance of safety enhancements or product improvements as requested by the supplier may not be less than the amount paid by the dealer to obtain the parts, plus a reasonable allowance for shipping and handling.
(4) Notwithstanding the provisions of subsection (3) of this section, a dealer may accept the supplier's reimbursement terms and conditions in lieu of the terms and conditions set forth in subsection (3) of this section.
[ 2002 c 236 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.210 - Arbitration—Dealer's cause of action against supplier—Remedies not exclusive.

RCW 19.98.210
Arbitration—Dealer's cause of action against supplier—Remedies not exclusive.
(1) Any party to a dealer agreement aggrieved by the conduct of the other party to the agreement with respect to the provisions of this chapter may seek arbitration of the issues involved in the decision of the other party under the provisions of *RCW 7.04.010 through 7.04.210. The arbitration is pursuant to the commercial arbitration rules of the American arbitration association. The findings and conclusions of the arbitrator or panel of arbitrators is binding upon both parties. Upon demand for arbitration by one party, it is presumed for purposes of the provisions of *RCW 7.04.010 through 7.04.210 that the parties have consented to arbitration, and that the costs of witness fees and other fees in the case, together with reasonable attorneys' fees, must be paid by the losing party.
(2) Notwithstanding subsection (1) of this section, any dealer has a cause of action against a supplier for damages sustained by the dealer as a consequence of the supplier's violation of any provisions of RCW 19.98.120 or 19.98.130, together with the actual costs of such action, including reasonable attorneys' fees.
(3) The dealer may also be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or change in competitive circumstances as determined under subsection (1) of this section or by a court.
(4) The remedies set forth in this section may not be considered exclusive and are in addition to any other remedies permitted by law, unless the parties have chosen binding arbitration under subsection (1) of this section.
[ 2002 c 236 § 14.]
NOTES:
*Reviser's note: RCW 7.04.010 through 7.04.210 were repealed by 2005 c 433 § 50, effective January 1, 2006.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.900 - Effective date—1975 1st ex.s. c 277.

RCW 19.98.900
Effective date—1975 1st ex.s. c 277.
This act shall take effect on January 1, 1976.
[ 1975 1st ex.s. c 277 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.911 - Severability—1990 c 124.

RCW 19.98.911
Severability—1990 c 124.
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.
[ 1990 c 124 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.912 - Effective date—Application—1990 c 124.

RCW 19.98.912
Effective date—Application—1990 c 124.
This act shall take effect July 1, 1990, and shall apply to all dealer agreements then in effect that have no expiration date and are a continuing agreement and to all other dealer agreements entered into or renewed on or after July 1, 1990.
[ 1990 c 124 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.98 - Farm Implements, Machinery, Parts. › 19.98.913 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 19.98.913
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 56.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.020 - Unlawful in certain instances to sell or offer to sell franchise if unregistered or not exempt.

RCW 19.100.020
Unlawful in certain instances to sell or offer to sell franchise if unregistered or not exempt.
(1) It is unlawful for any franchisor or subfranchisor to sell or offer to sell any franchise in this state unless the offer of the franchise has been registered under this chapter or exempted under RCW 19.100.030.
(2) For the purpose of this section, an offer to sell a franchise is made in this state when: (a) The offer is directed by the offeror into this state from within or outside this state and is received where it is directed, (b) the offer originates from this state and violates the franchise or business opportunity law of the state or foreign jurisdiction into which it is directed, (c) the prospective franchisee is a resident of this state, or (d) the franchise business that is the subject of the offer is to be located or operated, wholly or partly, in this state.
(3) For the purpose of this section, a sale of any franchise is made in this state when: (a) An offer to sell is accepted in this state, (b) an offer originating from this state is accepted and violates the franchise or business opportunity law of the state or foreign jurisdiction in which it is accepted, (c) the purchaser of the franchise is a resident of this state, or (d) the franchise business that is the subject of the sale is to be located or operated, wholly or partly, in this state.
(4) For the purpose of this section, an offer to sell is not made in this state solely because the offer appears: (a) In a newspaper or other publication of general and regular circulation if the publication has had more than two-thirds of its circulation outside this state during the twelve months before the offer is published, or (b) in a broadcast or transmission originating outside this state.
[ 2012 c 121 § 2; 1991 c 226 § 2; 1971 ex.s. c 252 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.040 - Application for registration—Contents—Filing.

RCW 19.100.040
Application for registration—Contents—Filing.
(1) The application for registration of the offer, signed by the franchisor, subfranchisor, or by any person on whose behalf the offering is to be made, must be filed with the director and shall contain:
(a) A copy of the franchisor's or subfranchisor's disclosure document which shall be prepared in compliance with guidelines adopted by rule of the director. The director shall be guided in adopting such rule by the guidelines for the preparation of the disclosure document adopted by the federal trade commission or the North American Securities Administrators Association, Inc., or its successor, as such guidelines may be revised from time to time;
(b) A copy of all agreements to be proposed to franchisees;
(c) A consent to service of process as required by RCW 19.100.160;
(d) The application for registration of a franchise broker, if any;
(e) The applicable filing fee; and
(f) Such other information as the director determines, by rule or order, to be necessary or appropriate to facilitate the administration of this chapter.
(2) The director may require the filing of financial statements of the franchisor or subfranchisor audited by an independent certified public accountant and prepared in accordance with generally accepted accounting principles.
When the person filing the application for registration is a subfranchisor, the application shall also include the same information concerning the subfranchisor as is required from the franchisor pursuant to this section.
[ 2012 c 121 § 4; 1991 c 226 § 4; 1972 ex.s. c 116 § 3; 1971 ex.s. c 252 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.050 - Escrow or impoundment of franchise fees as registration condition—Rules or orders—Procedure to rescind.

RCW 19.100.050
Escrow or impoundment of franchise fees as registration condition—Rules or orders—Procedure to rescind.
The director may by rule or order require as a condition to the effectiveness of the registration the escrow or impound of franchise fees if he or she finds that such requirement is necessary and appropriate to protect prospective franchisees. At any time after the issuance of such rule or order under this section the franchisor may in writing request the rule or order be rescinded. Upon receipt of such a written request, the matter shall be set down for hearing to commence within fifteen days after such receipt unless the person making the request consents to a later date. After such hearing, which shall be conducted in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW, the director shall determine whether to affirm and to continue or to rescind such order and the director shall have all powers granted under such act.
[ 2011 c 336 § 558; 1972 ex.s. c 116 § 4; 1971 ex.s. c 252 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.060 - Registration statement—Effective, when.

RCW 19.100.060
Registration statement—Effective, when.
If no stop order is in effect and no proceeding is pending under RCW 19.100.120, a registration statement becomes effective at 3:00 P.M. Pacific Standard Time on the afternoon of the fifteenth business day after the filing of the registration statement or the last amendment or at such earlier time as the director determines.
[ 1971 ex.s. c 252 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.070 - Registration—Claim of exemption filing—Duration—Renewal—Supplemental report.

RCW 19.100.070
Registration—Claim of exemption filing—Duration—Renewal—Supplemental report.
(1) A franchise offering shall be deemed duly registered, and a claim of exemption under RCW 19.100.030(4)(b)(i) shall be duly filed, for a period of one year from the effective date of registration or filing unless the director by rule or order specifies a different period.
(2) Registration of a franchise offer may be renewed for additional periods of one year each, unless the director by rule or order specifies a different period, by filing with the director no later than twenty calendar days prior to the expiration thereof a renewal application containing such information as the director may require to indicate any substantial changes in the information contained in the original application or the previous renewal application and payment of the prescribed fee.
(3) If a material adverse change in the condition of the franchisor or the subfranchisor or any material change in the information contained in its disclosure document should occur the franchisor or subfranchisor shall so amend the registration on file with the director as soon as reasonably possible and in any case, before the further sale of any franchise.
[ 2012 c 121 § 5; 1991 c 226 § 5; 1972 ex.s. c 116 § 5; 1971 ex.s. c 252 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.080 - Unlawful acts—Sale of franchise—Terms of franchise agreement.

RCW 19.100.080
Unlawful acts—Sale of franchise—Terms of franchise agreement.
(1) It is unlawful for any person to sell a franchise that is registered or required to be registered under this chapter without first furnishing to the prospective franchisee a copy of the franchisor's current disclosure document, as described in RCW 19.100.040 and 19.100.070, at least fourteen calendar days prior to the execution by the prospective franchisee of any binding franchise or other agreement, or at least fourteen calendar days before the prospective franchisee signs a binding agreement with, or makes any payment to, the franchisor or an affiliate in connection with the proposed franchise sale.
(2) It is unlawful for any franchisor to alter unilaterally and materially the terms and conditions of the basic franchise agreement or any related agreements attached to the disclosure document without furnishing the prospective franchisee with a copy of each revised agreement at least seven calendar days before the prospective franchisee signs the revised agreement. Changes to an agreement that arise out of negotiations initiated by the prospective franchisee do not trigger this seven calendar day period.
[ 2012 c 121 § 6; 1991 c 226 § 6; 1972 ex.s. c 116 § 6; 1971 ex.s. c 252 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.090 - Filings, registration, or finding of director—Construction.

RCW 19.100.090
Filings, registration, or finding of director—Construction.
(1) Neither (a) the fact that application for registration under this law has been filed nor (b) the fact that such registration has become effective constitutes a finding by the director that any document filed under this law is true, complete, or not misleading. Neither any such fact or the fact that an exemption is available for a transaction means that the director has passed in any way on the merit or qualifications of or recommended or given approval to any person, franchise, or transaction.
(2) It is unlawful to make or cause to be made to any prospective franchisee any representation inconsistent with this section.
[ 2012 c 121 § 7; 1971 ex.s. c 252 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.100 - Advertisements—Copy to be filed.

RCW 19.100.100
Advertisements—Copy to be filed.
No person shall publish in this state any advertisements offering a franchise subject to the registration requirements of this law unless a true copy of the advertisement has been filed in the office of the director at least seven days prior to the publication or such shorter period as the director by rule or order may allow.
[ 1991 c 226 § 7; 1971 ex.s. c 252 § 10.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.110 - Advertisements—False or misleading—Notice—Procedure.

RCW 19.100.110
Advertisements—False or misleading—Notice—Procedure.
No person shall publish in this state any advertisement concerning a franchise subject to the registration requirements of this chapter after the director finds that the advertisement contains any statements that are false or misleading or omits to make any statement necessary in order to make the statements made, in the light of the circumstances in which they were made, not misleading and so notifies the person in writing. Such notification may be given summarily without notice or hearing. At any time after the issuance of a notification under this section the person desiring to use the advertisement may in writing request the order be rescinded. Upon receipt of such a written request, the matter shall be set down for hearing to commence within fifteen days after such receipt unless the person making the request consents to a later date. After such hearing, which shall be conducted in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW, the director shall determine whether to affirm and to continue or to rescind such order and the director shall have all powers granted under such act.
[ 1972 ex.s. c 116 § 7; 1971 ex.s. c 252 § 11.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.120 - Registration statement—Stop order—Grounds.

RCW 19.100.120
Registration statement—Stop order—Grounds.
The director may issue a stop order denying effectiveness to or suspending or revoking the effectiveness of any registration statement if he or she finds that the order is in the public interest and that:
(1) The registration statement as of its effective date, or as of any earlier date in the case of an order denying effectiveness, is incomplete in any material respect or contains any statement which was in the light of the circumstances under which it was made false or misleading with respect to any material fact;
(2) Any provision of this chapter or any rule or order or condition lawfully imposed under this chapter has been violated in connection with the offering by:
(a) The person filing the registration statement but only if such person is directly or indirectly controlled by or acting for the franchisor; or
(b) The franchisor, any partner, officer, or director of a franchisor, or any person occupying a similar status or performing similar functions or any person directly or indirectly controlling or controlled by the franchisor.
(3) The franchise offering registered or sought to be registered is the subject of a permanent or temporary injunction of any court of competent jurisdiction entered under any federal or state act applicable to the offering but the director may not:
(a) Institute a proceeding against an effective registration statement under this clause more than one year from the date of the injunctive relief thereon unless the injunction is thereafter violated; and
(b) Enter an order under this clause on the basis of an injunction entered under any other state act unless that order or injunction is based on facts that currently constitute a ground for stop order under this section;
(4) A franchisor's enterprise or method of business includes or would include activities which are illegal where performed;
(5) The offering has worked or tended to work a fraud upon purchasers or would so operate;
(6) The applicant has failed to comply with any rule or order of the director issued pursuant to RCW 19.100.050.
(7) The applicant or registrant has failed to pay the proper registration fee but the director may enter only a denial order under this subsection and he or she shall vacate such order when the deficiency has been corrected.
[ 2011 c 336 § 559; 1972 ex.s. c 116 § 8; 1971 ex.s. c 252 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.100 - Franchise Investment Protection. › 19.100.130 - Registration statement—Stop order—Notice—Hearing—Modification or vacation of order.

RCW 19.100.130
Registration statement—Stop order—Notice—Hearing—Modification or vacation of order.
Upon the entry of a stop order under any part of RCW 19.100.120, the director shall promptly notify the applicant that the order has been entered and that the reasons therefor and that within fifteen days after receipt of a written request, the matter will be set down for hearing. If no hearing is requested within twenty calendar days and none is ordered by the director, the director shall enter his or her written findings of fact and conclusions of law and the order will remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director after notice of an opportunity for hearings to the issuer and to the applicant or registrant shall enter his or her written findings of fact and conclusions of law and may modify or vacate the order. The director may modify or vacate a stop order if he or she finds that the conditions which prompted his or her entry have changed or that it is otherwise in the public interest to do so.
[ 2012 c 121 § 9; 2011 c 336 § 560; 1971 ex.s. c 252 § 13.]