Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) Words and terms
			 used in these rules have the same meaning as each has under chapter 19.16 RCW
			 unless otherwise clearly provided in these rules, or the context in which they
			 are used in these rules clearly indicates that they be given some other
			 meaning.
(2) "Branch office" is any
			 location physically separated from the principal place of business of a
			 licensee where the licensee conducts any activity meeting the criteria of a
			 collection agency or out-of-state collection agency as defined in
			 RCW
			 19.16.100.
(3) "Business office" is the licensed
			 principal place of business or certified branch office from which the licensee
			 conducts any activity meeting the criteria of a collection agency or
			 out-of-state collection agency as defined in
			 RCW
			 19.16.100.
(4) "Collection activities" as used in this
			 section means those activities performed by collection agencies or the
			 employees of collection agencies pursuant to chapter 19.16 RCW.
(5) "Employee" is a natural person employed
			 by a licensee and shall not be deemed a "collection agency" or a "branch
			 office" as defined in
			 RCW
			 19.16.100(5)(a) so need not
			 have an additional license or certificate to perform collection activities on
			 behalf of the licensee whether working from a business office or from the
			 employee's virtual office.
(6)
			 "Repossession services" conducted by any person shall not be deemed a
			 collection agency as defined in
			 RCW
			 19.16.100, unless such person is repossessing
			 or is attempting to repossess property for a third party and is authorized to
			 accept cash or any other thing of value from the debtor in lieu of actual
			 repossession.
(7) "Managing
			 employee" is an individual who has the general power to exercise judgment and
			 discretion in acting on behalf of the licensee on an overall or partial basis
			 and who does not act in an inferior capacity under close supervision or
			 direction of a superior authority (as distinguished from a nonmanaging employee
			 who is told what to do and has no discretion about what he or she can and
			 cannot do and who is responsible to an immediate superior).
(8) "Remote work" occurs when an employee
			 performs collection activity for a licensee from the employee's "virtual
			 office" as defined herein and more particularly described in WAC 308-29-085.
			 Work performed by a licensed attorney litigating claims on behalf of a licensee
			 is not remote work subject to WAC 308-29-085.
(9) "Virtual office," for purposes of
			 chapters 19.16 and 18.235 RCW and chapter 308-29 WAC, is a virtual extension of
			 the licensee's business office, which is fully connected via electronic means
			 and telecommunications to the business office and its employees and from which
			 an individual employee may perform the same collection activities and be
			 similarly monitored as if located in the business office and as more
			 particularly described in WAC 308-29-085.
Statutory Authority: [RCW
				  19.16.410 ]. 01-11-132, § 308-29-010,
				  filed 5/22/01, effective 6/22/01; Order PL-123, § 308-29-010, filed
				  5/17/72.