reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.010 - Definitions—Exceptions from chapter.

RCW 19.30.010
Definitions—Exceptions from chapter.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agricultural employee" means any person who renders, or has rendered, personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity.
(2) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities.
(3) "Director" as used in this chapter means the director of the department of labor and industries of the state of Washington.
(4) "Farm labor contracting activity" means recruiting, soliciting, employing, supplying, transporting, or hiring agricultural employees.
(5) "Farm labor contractor" means any person, or his or her agent or subcontractor, who, for a fee, performs any farm labor contracting activity. "Farm labor contractor" does not include a person performing farm labor contracting activity solely for a small forestland owner as defined in RCW 76.09.450 who receives services of no more than two agricultural employees at any given time.
(6) "Fee" means:
(a) Any money or other valuable consideration paid or promised to be paid for services rendered or to be rendered by a farm labor contractor.
(b) Any valuable consideration received or to be received by a farm labor contractor for or in connection with any of the services described in subsection (4) of this section, and shall include the difference between any amount received or to be received by him, and the amount paid out by him for or in connection with the rendering of such services.
(7) "Person" includes any individual, firm, partnership, association, corporation, or unit or agency of state or local government.
(8) This chapter shall not apply to employees of the employment security department acting in their official capacity or their agents, nor to any common carrier or full time regular employees thereof while transporting agricultural employees, nor to any person who performs any of the services enumerated in subsection (4) of this section only within the scope of his or her regular employment for one agricultural employer on whose behalf he or she is so acting, unless he or she is receiving a commission or fee, which commission or fee is determined by the number of workers recruited.
[ 2020 c 205 § 1. Prior: 2017 c 253 § 1; 1985 c 280 § 1; 1955 c 392 § 1.]
NOTES:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.020 - License required—Duplicates.

RCW 19.30.020
License required—Duplicates.
No person shall act as a farm labor contractor until a license to do so has been issued to him or her by the director, and unless such license is in full force and effect and is in the contractor's possession. The director shall, by regulation, provide a means of issuing duplicate licenses in case of loss of the original license or any other appropriate instances. The director shall issue, on a monthly basis, a list of currently licensed farm labor contractors.
[ 1985 c 280 § 2; 1955 c 392 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.040 - Surety bond—Security.

RCW 19.30.040
Surety bond—Security.
(1) The director shall require the deposit of a surety bond by any person acting as a farm labor contractor under this chapter to insure compliance with the provisions of this chapter. Such bond shall be in an amount specified by the director in accordance with such criteria as the director adopts by rule but shall not be less than five thousand dollars. The bond shall be payable to the state of Washington and be conditioned on payment of sums legally owing under contract to an agricultural employee. The aggregate liability of the surety upon such bond for all claims which may arise thereunder shall not exceed the face amount of the bond.
(2) The amount of the bond may be raised or additional security required by the director, upon his or her own motion or upon petition to the director by any person, when it is shown that the security or bond is insufficient to satisfy the contractor's potential liability for the licensed period.
(3) No surety insurer may provide any bond, undertaking, recognizance, or other obligation for the purpose of securing or guaranteeing any act, duty, or obligation, or the refraining from any act with respect to a contract using the services of a farm labor contractor unless the farm labor contractor has made application for or has a valid license issued under RCW 19.30.030 at the time of issuance of the bond, undertaking, recognizance, or other obligation.
(4) Surety bonds may not be canceled or terminated during the period in which the bond is executed unless thirty days' notice is provided by the surety to the department. The bond is written for a one-year term and may be renewed or extended by continuation certification at the option of the surety.
(5) In lieu of the surety bond required by this section, the contractor may file with the director a deposit consisting of cash or other security acceptable to the director. The deposit shall not be less than five thousand dollars in value. The security deposited with the director in lieu of the surety bond shall be returned to the contractor at the expiration of three years after the farm labor contractor's license has expired or been revoked if no legal action has been instituted against the contractor or on the security deposit at the expiration of the three years.
(6) If a contractor has deposited a bond with the director and has failed to comply with the conditions of the bond as provided by this section, and has departed from this state, service may be made upon the surety as prescribed in RCW 4.28.090.
[ 1987 c 216 § 1; 1986 c 197 § 15; 1985 c 280 § 4; 1955 c 392 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.045 - Claim for wages—Action upon surety bond or security.

RCW 19.30.045
Claim for wages—Action upon surety bond or security.
(1) Any person, having a claim for wages pursuant to this chapter may bring suit upon the surety bond or security deposit filed by the contractor pursuant to RCW 19.30.040, in any court of competent jurisdiction of the county in which the claim arose, or in which either the claimant or contractor resides.
(2) The right of action is assignable in the name of the director or any other person.
[ 1987 c 216 § 2; 1986 c 197 § 19.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.050 - License—Grounds for denying.

RCW 19.30.050
License—Grounds for denying.
A license to operate as a farm labor contractor shall be denied:
(1) To any person who sells or proposes to sell intoxicating liquors in a building or on premises where he or she operates or proposes to operate as a farm labor contractor, or
(2) To a person whose license has been revoked within three years from the date of application.
[ 1985 c 280 § 5; 1955 c 392 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.060 - License—Revocation, suspension, refusal to issue or renew.

RCW 19.30.060
License—Revocation, suspension, refusal to issue or renew.
Any person may protest the grant or renewal of a license under this section. The director may revoke, suspend, or refuse to issue or renew any license when it is shown that:
(1) The farm labor contractor or any agent of the contractor has violated or failed to comply with any of the provisions of this chapter;
(2) The farm labor contractor has made any misrepresentations or false statements in his or her application for a license;
(3) The conditions under which the license was issued have changed or no longer exist;
(4) The farm labor contractor, or any agent of the contractor, has violated or wilfully aided or abetted any person in the violation of, or failed to comply with, any law of the state of Washington regulating employment in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business activities, or operations of the contractor in his or her capacity as a farm labor contractor;
(5) The farm labor contractor or any agent of the contractor has in recruiting farm labor solicited or induced the violation of any then existing contract of employment of such laborers; or
(6) The farm labor contractor or any agent of the contractor has an unsatisfied judgment against him or her in any state or federal court, arising out of his or her farm labor contracting activities.
The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 1997 c 58 § 846; 1985 c 280 § 6; 1955 c 392 § 6.]
NOTES:
*Reviser's note: 1997 c 58 § 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.070 - License—Contents.

RCW 19.30.070
License—Contents.
Each license shall contain, on the face thereof:
(1) The name and address of the licensee and the fact that he or she is licensed to act as a farm labor contractor for the period upon the face of the license only;
(2) The number, date of issuance, and date of expiration of the license;
(3) The amount of the surety bond deposited by the licensee;
(4) The fact that the license may not be transferred or assigned; and
(5) A statement that the licensee is or is not licensed to transport workers.
[ 1985 c 280 § 7; 1955 c 392 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.081 - License—Duration—Renewal.

RCW 19.30.081
License—Duration—Renewal.
Farm labor contractors may hold either a one-year license or a two-year license, at the director's discretion.
The one-year license shall run to and include the 31st day of December next following the date thereof unless sooner revoked by the director. A license may be renewed each year upon the payment of the annual license fee, but the director shall require that evidence of a renewed bond be submitted and that the contractor have a bond in full force and effect.
The two-year license shall run to and include the 31st day of December of the year following the year of issuance unless sooner revoked by the director. This license may be renewed every two years under the same terms as the one-year license, except that a farm labor contractor possessing a two-year license shall have evidence of a bond in full force and effect, and file an application on which he or she shall disclose all information required by *RCW 19.30.030 (1)(b), (4), and (7).
[ 1987 c 216 § 3; 1986 c 197 § 16; 1985 c 280 § 8.]
NOTES:
*Reviser's note: RCW 19.30.030 was amended by 2011 1st sp.s. c 50 § 927, changing the subsection numbering.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.090 - License—Application for renewal.

RCW 19.30.090
License—Application for renewal.
All applications for renewal shall state the names and addresses of all persons financially interested either as partners, associates or profit sharers in the operation as a farm labor contractor.
[ 1955 c 392 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.120 - Farm labor contractor—Prohibited acts.

RCW 19.30.120
Farm labor contractor—Prohibited acts.
No person acting as a farm labor contractor shall:
(1) Make any misrepresentation or false statement in an application for a license.
(2) Make or cause to be made, to any person, any false, fraudulent, or misleading representation, or publish or circulate or cause to be published or circulated any false, fraudulent, or misleading information concerning the terms or conditions or existence of employment at any place or places, or by any person or persons, or of any individual or individuals.
(3) Send or transport any worker to any place where the farm labor contractor knows a strike or lockout exists.
(4) Do any act in the capacity of a farm labor contractor, or cause any act to be done, which constitutes a crime involving moral turpitude under any law of the state of Washington.
[ 1985 c 280 § 10; 1955 c 392 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.130 - Rules—Adjustment of controversies.

RCW 19.30.130
Rules—Adjustment of controversies.
(1) The director shall adopt rules not inconsistent with this chapter for the purpose of enforcing and administering this chapter.
(2) The director shall investigate and attempt to adjust equitably controversies between farm labor contractors and their workers with respect to claims arising under this chapter.
[ 1985 c 280 § 11; 1955 c 392 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.150 - Penalties.

RCW 19.30.150
Penalties.
Any person who violates any provisions of this chapter, or who causes or induces another to violate any provisions of this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than five thousand dollars, or imprisonment in the county jail for not more than six months, or both.
[ 1955 c 392 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.160 - Civil penalty—Hearing—Court action.

RCW 19.30.160
Civil penalty—Hearing—Court action.
(1) In addition to any criminal penalty imposed under RCW 19.30.150, the director may assess against any person who violates this chapter, or any rule adopted under this chapter, a civil penalty of not more than one thousand dollars for each violation.
(2) The person shall be afforded the opportunity for a hearing, upon request to the director made within thirty days after the date of issuance of the notice of assessment. The hearing shall be conducted in accordance with chapter 34.05 RCW.
(3) If any person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the agency, the director shall refer the matter to the state attorney general, who shall recover the amount assessed by action in the appropriate superior court. In such action, the validity and appropriateness of the final order imposing the penalty shall not be subject to review.
(4) Without regard to other remedies provided in this chapter, the department may bring suit upon the surety bond filed by the farm labor contractor on behalf of a worker whose rights under this chapter have been violated by the contractor. The action may be commenced in any court of competent jurisdiction. In any such action, there shall be compliance with the notice and service requirements set forth in RCW 19.30.170.
[ 1987 c 216 § 4; 1986 c 197 § 17; 1985 c 280 § 15.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.180 - Injunctions—Costs—Attorney fee.

RCW 19.30.180
Injunctions—Costs—Attorney fee.
The director or any other person may bring suit in any court of competent jurisdiction to enjoin any person from using the services of an unlicensed farm labor contractor or to enjoin any person acting as a farm labor contractor in violation of this chapter, or any rule adopted under this chapter, from committing future violations. The court may award to the prevailing party costs and disbursements and a reasonable attorney fee.
[ 1985 c 280 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.190 - Retaliation against employee prohibited.

RCW 19.30.190
Retaliation against employee prohibited.
No farm labor contractor or agricultural employer may discharge or in any other manner discriminate against any employee because:
(1) The employee has made a claim against the farm labor contractor or agricultural employer for compensation for the employee's personal services.
(2) The employee has caused to be instituted any proceedings under or related to RCW 19.30.180.
(3) The employee has testified or is about to testify in any such proceedings.
(4) The employee has discussed or consulted with anyone concerning the employee's rights under this chapter.
[ 1985 c 280 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.200 - Unlicensed farm labor contractors—Liability for services.

RCW 19.30.200
Unlicensed farm labor contractors—Liability for services.
Any person who knowingly uses the services of an unlicensed farm labor contractor shall be personally, jointly, and severally liable with the person acting as a farm labor contractor to the same extent and in the same manner as provided in this chapter. In making determinations under this section, any user may rely upon either the license issued by the director to the farm labor contractor under RCW 19.30.030 or the director's representation that such contractor is licensed as required by this chapter.
[ 2000 c 171 § 48; 1985 c 280 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.30 - Farm Labor Contractors. › 19.30.902 - Effective date—1985 c 280.

RCW 19.30.902
Effective date—1985 c 280.
This 1985 act shall take effect January 1, 1986.
[ 1985 c 280 § 19.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.030 - Records.

RCW 19.31.030
Records.
Each employment agency shall keep records of all services rendered employers and applicants. These records shall contain the name and address of the employer by whom the services were solicited; the name and address of the applicant; kind of position ordered by the employer; dates job orders or job listings are obtained; subsequent dates job orders or job listings are verified as still being current; kind of position accepted by the applicant; probable duration of the employment, if known; rate of wage or salary to be paid the applicant; amount of the employment agency's fee; dates and amounts of refund if any, and reason for such refund; and the contract agreed to between the agency and applicant. An employment listing service need not keep records pertaining to the kind of position accepted by applicant and probable duration of employment.
An employment directory shall keep records of all services rendered to applicants. These records shall contain: The name and address of the applicant; amount of the employment directory's fee; dates and amounts of refund if any, and reason for the refund; the contract agreed to between the employment directory and applicant; and the dates of contact with employers made pursuant to RCW 19.31.190(11).
The director shall have authority to demand and to examine, at the employment agency's regular place of business, all books, documents, and records in its possession for inspection. Unless otherwise provided by rules or regulation adopted by the director, such records shall be maintained for a period of three years from the date in which they are made.
[ 1993 c 499 § 2; 1969 ex.s. c 228 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.050 - Approval of contract, fee schedule.

RCW 19.31.050
Approval of contract, fee schedule.
Prior to using any contract or fee schedule in the transaction of its business with applicants, each employment agency shall obtain the director's approval for the use of such contract or fee schedule.
[ 1969 ex.s. c 228 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.060 - Request from employer for interview required—Information to be furnished applicant.

RCW 19.31.060
Request from employer for interview required—Information to be furnished applicant.
No employment agency shall send any applicant on an interview with a prospective employer without having first obtained, either orally or in writing, a bona fide request from such employer for the interview: PROVIDED, HOWEVER, That, it shall be the duty of every employment agency to give to each applicant for employment, orally or in writing, before being sent on an interview, information as to the name and address of the person to whom the applicant is to apply for such employment, the kind of service to be performed, the anticipated rate of wages or compensation, the agency's fee based on such anticipated wages or compensation, whether such employment is permanent or temporary, and the name and address of the natural person authorizing the interviewing of such applicant.
[ 1977 ex.s. c 51 § 3; 1969 ex.s. c 228 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.070 - Administration of chapter—Rules—Investigations—Inspections.

RCW 19.31.070
Administration of chapter—Rules—Investigations—Inspections.
(1) The director shall administer the provisions of this chapter and shall issue from time to time reasonable rules and regulations for enforcing and carrying out the provisions and purposes of this chapter.
(2) The director shall have supervisory and investigative authority over all employment agencies. Upon receiving a complaint against any employment agency, the director shall have the right to examine all books, documents, or records in its possession. In addition, the director may examine the office or offices where business is or shall be conducted by such agency.
[ 2002 c 86 § 269; 1969 ex.s. c 228 § 7.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.080 - License required—Penalty.

RCW 19.31.080
License required—Penalty.
It shall be a misdemeanor for any person to conduct an employment agency business in this state unless he or she has an employment agency license issued pursuant to the provisions of this chapter.
[ 2011 c 336 § 532; 1969 ex.s. c 228 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.110 - Expiration date of license—Reinstatement.

RCW 19.31.110
Expiration date of license—Reinstatement.
An employment agency license shall expire June 30th. Any such license not renewed may be reinstated if the employment agency can show good cause to the director for renewal of the license and present proof of intent to continue to act as an employment agency: PROVIDED, That no license shall be issued upon such application for reinstatement until all fees and penalties previously accrued under this chapter have been paid.
[ 1977 ex.s. c 51 § 6; 1969 ex.s. c 228 § 11.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.120 - Transfer of license.

RCW 19.31.120
Transfer of license.
No license granted pursuant to this chapter shall be transferable without the consent of the director. No employment agency shall permit any person not mentioned in the license application to become connected with the business as an owner, member, officer, or director without the consent of the director. Consent may be withheld for any reason for which an original application for a license might have been rejected, if the person in question had been mentioned therein.
[ 1969 ex.s. c 228 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.130 - License sanction—Grounds—Support order, noncompliance.

RCW 19.31.130
License sanction—Grounds—Support order, noncompliance.
(1) In accordance with the provisions of chapter 34.05 RCW, the director may by order sanction the license of any employment agency under RCW 18.235.110, if the director finds that the applicant or licensee has violated any provisions of this chapter, or failed to comply with any rule or regulation issued by the director pursuant to this chapter.
(2) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 2002 c 86 § 270; 1997 c 58 § 848; 1969 ex.s. c 228 § 13.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.140 - Fees for licensees.

RCW 19.31.140
Fees for licensees.
The director shall determine the fees, as provided in RCW 43.24.086, charged to those parties licensed as employment agencies for original applications, renewal per year, branch license, both original and renewal, transfer of license, and approval of amended or new contracts and/or fee schedules.
[ 1985 c 7 § 84; 1975 1st ex.s. c 30 § 92; 1969 ex.s. c 228 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.150 - Employment condition precedent to charging fee—Exceptions.

RCW 19.31.150
Employment condition precedent to charging fee—Exceptions.
(1) Except as otherwise provided in subsections (2) and (3) of this section, no employment agency shall charge or accept a fee or other consideration from an applicant without complying with the terms of a written contract as specified in RCW 19.31.040, and then only after such agency has been responsible for referring such job applicant to an employer or such employer to a job applicant and where as a result thereof such job applicant has been employed by such employer.
(2) Employment listing services may charge or accept a fee when they provide the applicant with the job listing or the referral.
(3) An employment directory may charge or accept a fee when it provides the applicant with the directory.
[ 1993 c 499 § 5; 1969 ex.s. c 228 § 15.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.160 - Charging fee or payment contrary to chapter—Return of excess.

RCW 19.31.160
Charging fee or payment contrary to chapter—Return of excess.
Any employment agency which collects, receives, or retains a fee or other payment contrary to the provisions of this chapter or to the rules and regulations adopted pursuant to this chapter shall return the excessive portion of the fee within seven days after receiving a demand therefor from the director.
[ 1969 ex.s. c 228 § 16.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.170 - Limitations on fee amounts—Refunds—Exceptions.

RCW 19.31.170
Limitations on fee amounts—Refunds—Exceptions.
(1) If an applicant accepts employment by agreement with an employer and thereafter never reports for work, the gross fee charged to the applicant shall not exceed: (a) Ten percent of what the first month's gross salary or wages would be, if known; or (b) ten percent of the first month's drawing account. If the employment was to have been on a commission basis without any drawing account, then no fee may be charged in the event that the applicant never reports for work.
(2) If an applicant accepts employment on a commission basis without any drawing account, then the gross fee charged such applicant shall be a percentage of commissions actually earned.
(3) If an applicant accepts employment and if within sixty days of his or her reporting for work the employment is terminated, then the gross fee charged such applicant shall not exceed twenty percent of the gross salary, wages, or commission received by him or her.
(4) If an applicant accepts temporary employment as a domestic, household employee, baby sitter, agricultural worker, or day laborer, then the gross fee charged such applicant shall not be in excess of twenty-five percent of the first full month's gross salary or wages: PROVIDED, That where an applicant accepts employment as a domestic or household employee for a period of less than one month, then the gross fee charged such applicant shall not exceed twenty-five percent of the gross salary or wages paid.
(5) Any applicant requesting a refund of a fee paid to an employment agency in accordance with the terms of the approved fee schedule of the employment agency pursuant to this section shall file with the employment agency a form requesting such refund on which shall be set forth information reasonably needed and requested by the employment agency, including but not limited to the following: Circumstances under which employment was terminated, dates of employment, and gross earnings of the applicant.
(6) Refund requests which are not in dispute shall be made by the employment agency within thirty days of receipt.
(7) Subsections (1) through (6) of this section do not apply to employment listing services or employment directories.
[ 2011 c 336 § 534; 1993 c 499 § 6; 1977 ex.s. c 51 § 7; 1969 ex.s. c 228 § 17.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.180 - Posting of fee limitation and remedy provisions.

RCW 19.31.180
Posting of fee limitation and remedy provisions.
Each licensee shall post the following in a conspicuous place in each office in which it conducts business: (1) The substance of RCW 19.31.150 through 19.31.170; and (2) a name and address provided by the director, in a form prescribed by him or her, of a person to whom complaints concerning possible violation of this chapter may be made. All words required to be posted pursuant to this section shall be printed in ten point boldface type.
[ 2011 c 336 § 535; 1969 ex.s. c 228 § 18.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.210 - Enforcement.

RCW 19.31.210
Enforcement.
The director may refer such evidence as may be available to him or her concerning violations of this chapter or of any rule or regulation adopted hereunder to the attorney general or the prosecuting attorney of the county wherein the alleged violation arose, who may, in their discretion, with or without such a reference, in addition to any other action they might commence, bring an action in the name of the state against any person to restrain and prevent the doing of any act or practice prohibited by this chapter: PROVIDED, That this chapter shall be considered in conjunction with chapters 9.04 and 19.86 RCW, as now or hereafter amended, and the powers and duties of the attorney general and the prosecuting attorney as they may appear in the aforementioned chapters, shall apply against all persons subject to this chapter.
[ 2011 c 336 § 537; 1969 ex.s. c 228 § 21.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.220 - Assurance of discontinuance of violation.

RCW 19.31.220
Assurance of discontinuance of violation.
In the enforcement of this chapter, the attorney general and/or any said prosecuting attorney may accept an assurance of discontinuance from any person deemed in violation of any provisions of this chapter. Any such assurance shall be in writing and shall be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his or her principal place of business, or in Thurston county.
[ 2011 c 336 § 538; 1969 ex.s. c 228 § 22.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.230 - Civil penalty.

RCW 19.31.230
Civil penalty.
Any person who violates the terms of any court order or temporary or permanent injunction issued pursuant to this chapter, shall forfeit and pay a civil penalty of not more than five thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain continuing jurisdiction and in such cases the attorney general and/or the prosecuting attorney acting in the name of the state may petition for the recovery of civil penalties.
[ 1969 ex.s. c 228 § 23.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.240 - Service of process outside state.

RCW 19.31.240
Service of process outside state.
Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which conduct has had impact in this state which this chapter reprehends. Such person shall be deemed to have thereby submitted himself or herself to the jurisdiction of the courts of this state within the meaning of RCW 4.28.180 and 4.28.185, as now or hereafter amended.
[ 2011 c 336 § 539; 1969 ex.s. c 228 § 24.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.245 - Registration or licensing prerequisite to suit by employment agency—Action against unregistered or unlicensed employment agency.

RCW 19.31.245
Registration or licensing prerequisite to suit by employment agency—Action against unregistered or unlicensed employment agency.
(1) No employment agency may bring or maintain a cause of action in any court of this state for compensation for, or seeking equitable relief in regard to, services rendered employers and applicants, unless such agency shall allege and prove that at the time of rendering the services in question, or making the contract therefor, it was registered with the department or the holder of a valid license issued under this chapter.
(2) Any person who shall give consideration of any kind to any employment agency for the performance of employment services in this state when said employment agency shall not be registered with the department or be the holder of a valid license issued under this chapter shall have a cause of action against the employment agency. Any court having jurisdiction may enter judgment therein for treble the amount of such consideration so paid, plus reasonable attorney's fees and costs.
(3) A person performing the services of an employment agency, employment listing service, or employment directory without being registered with the department or holding a valid license shall cease operations or immediately apply for a valid license or register with the department. If the person continues to operate in violation of this chapter the director or the attorney general has a cause of action in any court having jurisdiction for the return of any consideration paid by any person to the agency. The court may enter judgment in the action for treble the amount of the consideration so paid, plus reasonable attorney's fees and costs.
[ 1993 c 499 § 8; 1990 c 70 § 2; 1977 ex.s. c 51 § 10.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.250 - Chapter provisions exclusive—Authority of political subdivisions not affected.

RCW 19.31.250
Chapter provisions exclusive—Authority of political subdivisions not affected.
(1) The provisions of this chapter relating to the regulation of private employment agencies shall be exclusive.
(2) This chapter shall not be construed to affect or reduce the authority of any political subdivision of the state of Washington to provide for the licensing of private employment agencies solely for revenue purposes.
[ 1969 ex.s. c 228 § 25.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.260 - Administrative procedure act to govern administration.

RCW 19.31.260
Administrative procedure act to govern administration.
The administration of this chapter shall be governed by the provisions of the administrative procedure act, chapter 34.05 RCW, as now or hereafter amended.
[ 1969 ex.s. c 228 § 26.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.270 - Uniform regulation of business and professions act.

RCW 19.31.270
Uniform regulation of business and professions act.
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 § 271.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.31 - Employment Agencies. › 19.31.910 - Effective date—1969 ex.s. c 228.

RCW 19.31.910
Effective date—1969 ex.s. c 228.
This act shall become effective July 1, 1969.
[ 1969 ex.s. c 228 § 28.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.36 - Contracts and Credit Agreements Requiring Writings. › 19.36.010 - Contracts, etc., void unless in writing.

RCW 19.36.010
Contracts, etc., void unless in writing.
In the following cases, specified in this section, any agreement, contract, and promise shall be void, unless such agreement, contract, or promise, or some note or memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person thereunto by him or her lawfully authorized, that is to say: (1) Every agreement that by its terms is not to be performed in one year from the making thereof; (2) every special promise to answer for the debt, default, or misdoings of another person; (3) every agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry; (4) every special promise made by an executor or administrator to answer damages out of his or her own estate; (5) an agreement authorizing or employing an agent or broker to sell or purchase real estate for compensation or a commission.
[ 2011 c 336 § 540; 1905 c 58 § 1; RRS § 5825. Prior: Code 1881 § 2325; 1863 p 412 § 2; 1860 p 298 § 2; 1854 p 403 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.36 - Contracts and Credit Agreements Requiring Writings. › 19.36.020 - Deeds, etc., in trust for grantor void as to creditors.

RCW 19.36.020
Deeds, etc., in trust for grantor void as to creditors.
That all deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels or things in action, made in trust for the use of the person making the same, shall be void as against the existing or subsequent creditors of such person. For purposes of this section, a person shall not be treated as having made a disposition in trust for the use of that person by reason of a lapse of a power of withdrawal over the income or corpus of a trust created by another person. For this purpose, notification to the trustee of the trust of an intent not to exercise the power of withdrawal shall not be treated as a release of the power of withdrawal, but shall be treated as a lapse of the power.
[ 2006 c 360 § 14; Code 1881 § 2324; RRS § 5824. Prior: 1863 p 412 § 1; 1860 p 298 § 1; 1854 p 403 § 1.]
NOTES:
Clarification of laws—Enforceability of act—Severability—2006 c 360: See notes following RCW 11.108.070.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.36 - Contracts and Credit Agreements Requiring Writings. › 19.36.100 - "Credit agreement" defined.

RCW 19.36.100
"Credit agreement" defined.
"Credit agreement" means an agreement, promise, or commitment to lend money, to otherwise extend credit, to forbear with respect to the repayment of any debt or the exercise of any remedy, to modify or amend the terms under which the creditor has lent money or otherwise extended credit, to release any guarantor or cosigner, or to make any other financial accommodation pertaining to a debt or other extension of credit.
[ 2000 c 171 § 53; 1990 c 211 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.36 - Contracts and Credit Agreements Requiring Writings. › 19.36.110 - Enforceability of credit agreements—Effect of oral agreements and partial performance.

RCW 19.36.110
Enforceability of credit agreements—Effect of oral agreements and partial performance.
A credit agreement is not enforceable against the creditor unless the agreement is in writing and signed by the creditor. The rights and obligations of the parties to a credit agreement shall be determined solely from the written agreement, and any prior or contemporaneous oral agreements between the parties are superseded by, merged into, and may not vary the credit agreement. Partial performance of a credit agreement does not remove the agreement from the operation of this section.
[ 1990 c 211 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.36 - Contracts and Credit Agreements Requiring Writings. › 19.36.120 - Exempt agreements.

RCW 19.36.120
Exempt agreements.
RCW 19.36.100 through 19.36.140 and 19.36.900 shall not apply to: (1) A promise, agreement, undertaking, document, or commitment relating to a credit card or charge card; or (2) a loan of money or extension of credit to a natural person that is primarily for personal, family, or household purposes and not primarily for investment, business, agricultural, or commercial purposes.
[ 1990 c 211 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.36 - Contracts and Credit Agreements Requiring Writings. › 19.36.130 - Notice required.

RCW 19.36.130
Notice required.
If a notice complying with RCW 19.36.140, is not given simultaneously with or before a credit agreement is made, RCW 19.36.100 through 19.36.140 and 19.36.900 shall not apply to the credit agreement. Notice, once given to a debtor, shall be effective as to all subsequent credit agreements and effective against the debtor, and its guarantors, successors, and assigns.
[ 1990 c 211 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.36 - Contracts and Credit Agreements Requiring Writings. › 19.36.140 - Notice—Form and contents.

RCW 19.36.140
Notice—Form and contents.
The creditor shall give notice to the other party on a separate document or incorporated into one or more of the documents relating to a credit agreement. The notice shall be in type that is boldface, capitalized, underlined, or otherwise set out from surrounding written materials so it is conspicuous. The notice shall state substantially the following:
Oral agreements or oral commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt are not enforceable under Washington law.
[ 1990 c 211 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.36 - Contracts and Credit Agreements Requiring Writings. › 19.36.900 - Effective date—Application—1990 c 211.

RCW 19.36.900
Effective date—Application—1990 c 211.
RCW 19.36.100 through 19.36.140 shall take effect July 1, 1990, and shall apply only to credit agreements entered into on or after July 1, 1990.
[ 1990 c 211 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.36 - Contracts and Credit Agreements Requiring Writings. › 19.36.901 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 19.36.901
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 § 53.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.40 - Uniform Voidable Transactions Act. › 19.40.021 - Insolvency.

RCW 19.40.021
Insolvency.
(1) A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.
(2) A debtor that is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
(3) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
(4) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
[ 2017 c 57 § 2; 1987 c 444 § 2.]
NOTES:
Effective date—1987 c 444: See note following RCW 19.40.011.