Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-200A - Contractor certificate of registration renewals - Security - Insurance › Section 296-200A-015 - What terms do I need to know to understand this chapter?

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the following terms and
				definitions are important:
"Administrative law judge"
is any person appointed
				by the chief administrative law judge (as defined in RCW 34.12.020(2)) to
				preside at a notice of infraction appeal hearing convened under chapter 18.27
				RCW and this chapter.
"Appeal bond"
is a certified check or money order
				in the amount prescribed under RCW 18.27.250 made payable to the Washington
				state department of labor and industries.
"Appeal hearing"
is any proceeding in which an
				administrative law judge is empowered to determine legal rights, duties or
				privileges of specific parties on behalf of the director.
"Applicant"
is any person, firm, corporation or
				other entity applying to become a registered contractor according to chapter
				18.27 RCW and this chapter. Applicant includes all principal officer(s),
				members, partners of a partnership, firm, corporation, or other entity named on
				the application.
"Citation"
means the same as "infraction."
"Compliance inspector"
refers to the departmental
				staff responsible for investigating potential violations of chapter 18.27 RCW
				and this chapter.
"Consultant"
means any person, individual, firm,
				agent or other entity who directs, controls or monitors construction activities
				for a property owner. A general contractor registration is required. A licensed
				professional acting in the capacity of their license is exempt from
				registration.
"Contractor compliance chief"
refers to the person
				designated by the director to address all policy and technical issues related
				to chapter 18.27 RCW and this chapter.
"Department"
refers to the department of labor and
				industries.
"Developer"
means any person, firm, corporation or
				other entity that undertakes:
* The subdivision or development of land for residential
				purposes; or
* The construction or reconstruction of one or more residential
				units.
A general contractor registration is required.
"Director"
refers to the director of the
				department of labor and industries or the director's designee acting in the
				place of the director.
"Due diligence"
for the purposes of RCW 18.27.030
				(3)(d), an applicant is deemed to have exercised due diligence upon conducting
				a reasonable review of the department's website verifying there are no
				unsatisfied judgments on file against the contractor or the company, either
				from a lawsuit or infraction. A lawsuit may be marked as open. A lawsuit can
				change to unsatisfied at any time.
(a)
			 Unsatisfied judgments from a lawsuit will show the status as
			 "unsatisfied."
(b) Unsatisfied
			 judgments from an infraction will show the status as "not satisfied."
(c) Due diligence must be exercised
			 immediately preceding submitting the application packet.
(d) A printout of the website confirming no
			 record of unsatisfied judgments on file is acceptable documentation of due
			 diligence.
"Final judgment"
means any money that is owed to a
				claimant as a result of court action against or settlement with a contractor
				and/or contractor's bond or assigned savings account with the department or any
				money that is owed the department as a result of a contractor's unsuccessful
				appeal of an infraction. Final judgment also includes any penalties assessed
				against the contractor and owed the department as a result of an infraction or
				notice of correction that has not been appealed, final tax warrants or any
				delinquent fees or penalties due.
"Final tax warrant"
is a document used by the
				department to establish the debt of a tax payer.
"Infraction"
means a violation of chapter 18.27
				RCW and this chapter as cited by the chief contractor compliance inspector or
				the department's construction compliance inspectors. The notice of infraction
				also serves as a notice of assessment.
"Mobile/manufactured home dealer"
is a vehicle
				dealer that deals in mobile homes, park trailers, or travel trailers, or more
				than one type of these vehicles and licensed as required under chapter 46.70
				RCW.
"On-premise sign"
means a sign at a permanent
				place of business or a sign placed at a job location while the registered
				contractor is working at the site. A sign left at a work site after a
				contractor has left is not an "on-premise" sign and must contain the registered
				contractor's registration number.
"Property management company"
means any person,
				firm or other entity that in the pursuit of a property management business
				advertises, bids/offers, or performs construction, maintenance or repair
				services with their own employees on property not owned by the property
				management company. A general contractor registration is required.
"Renewal"
or
"renewed"
means the
				renewal of a contractor's registration before it expires.
"Reinstatement"
or
"reinstated"
means
				the reinstatement of a contractor's registration after the registration has
				expired, or has been suspended, or been revoked.
"Reregistration"
or
"reregister"
means an update to a contractor's registration because of business structure
				change.
"Secured contractor"
is a contractor who has
				complied with RCW 18.27.040 by assigning to the department a savings account
				held in a Washington state bank, or by filing with the department a surety
				bond.
"Security"
is a savings account held in a
				Washington state bank and assigned to the department in lieu of a surety
				bond.
"Unregistered contractor"
means a person, firm,
				corporation or other entity working as a contractor without being registered in
				compliance with chapter 18.27 RCW and this chapter.
"Unsatisfied final judgment"
means a judgment that
				has not been satisfied either through payment, court approved settlement,
				discharge in bankruptcy, or assignment under RCW 19.72.070.
Statutory Authority:
				  Chapter
				  18.27 RCW, 2011 c 15, and
				  2011 c 301. 11-23-140, § 296-200A-015, filed 11/22/11, effective 12/31/11.
				  Statutory Authority:
				  Chapter
				  18.27 RCW and 2008 c 120.
				  09-10-079, § 296-200A-015, filed 5/5/09, effective 6/5/09. Statutory
				  Authority:
				  Chapter
				  18.27 RCW and 2007 c 436.
				  08-16-091, § 296-200A-015, filed 8/4/08, effective 9/4/08. Statutory
				  Authority:
				  RCW
				  18.27.040,
				  18.27.070,
				  18.27.075,
				  18.27.125, 2001 c 159, and
				  chapter
				  18.27 RCW. 03-20-097,
				  § 296-200A-015, filed 9/30/03, effective 11/17/03. Statutory Authority:
				  Chapter
				  18.27 RCW. 97-24-071,
				  § 296-200A-015, filed 12/2/97, effective
				  1/5/98.