reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-20 - Cosmetology-Barber-Manicurist-Esthetician rules › Section 308-20-570 - Operator and instructor renewal process

Current through Register Vol. 24-14, July 15, 2024
Each operator or instructor license shall be renewed every two
				years. The renewal request shall be accompanied by:
(1) Social Security number.
(2) The license renewal fee required under
			 the provisions of WAC
			 308-20-210.
(3) A statement noting any changes to the
			 information contained in the original application form and
			 attachments.
(4) Licenses must be
			 renewed on or before the expiration date. Failure to renew the license by the
			 expiration date shall result in a penalty fee.
(5) Failure to receive a notice of license
			 renewal from the department does not constitute cause for failure to
			 renew.
Statutory Authority:
				  RCW
				  18.16.030 and
				  43.24.023. 03-14-046, §
				  308-20-570, filed 6/24/03, effective 7/25/03. Statutory Authority: Chapter
				  18.16 RCW. 92-15-087, § 308-20-570, filed 7/17/92, effective
				  8/17/92.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-20 - Cosmetology-Barber-Manicurist-Esthetician rules › Section 308-20-571 - Initial school licensure requirements

Current through Register Vol. 24-14, July 15, 2024
The education and experience of administrators, faculty, and
				other staff must be adequate to ensure that students will receive educational
				services consistent with the stated program objectives. School
				directors/administrators must have at least two years of experience working in
				a school or in the business administration field. Prior to approval of
				application for licensure, any person wishing to operate a school shall meet
				the requirements in
				RCW
				18.16.140 and provide the following to the
				department:
(1) An identification of
			 owners, shareholders, and directors:
(a)
			 Complete legal name, personal telephone number, and home mailing address of the
			 owner, shareholders, and directors.
(b) The form of ownership; e.g., sole
			 proprietorship, partnership, limited partnership, or corporation.
(c) Names, addresses, personal phone numbers,
			 email addresses, and prior school affiliations if any, of all individuals with
			 ten percent or more ownership interest.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-20 - Cosmetology-Barber-Manicurist-Esthetician rules › Section 308-20-572 - Inspection of schools

Current through Register Vol. 24-14, July 15, 2024
All locations shall pass an inspection by a department
				representative which shall meet the following requirements prior to approval of
				application or renewal for licensure
(1) A permanent entrance sign designating the
			 name of the school.
(2) A time clock
			 and time cards or other equipment necessary for verification of daily student
			 attendance and hours earned.
(3) An
			 adequate supply of hot and cold running water shall be available for school
			 operation.
(4) Textbooks/teaching
			 materials - Textbooks shall be required for each student in
			 attendance.
(5) Lavatories with hot
			 and cold running water, single-use hand soap and disposable or single-use hand
			 drying towels or an automatic hand dryer.
(6) A school and salon/shop shall not be
			 operated in the same location. A school and salon/shop shall have separate
			 exterior entrances and shall not share an interior passageway.
(7) Emergency evacuation plans posted for
			 staff and students.
(8) There must
			 be a sufficient number of tables/ desks and chairs to accommodate the
			 registered students.
(9) Department
			 of licensing safety and sanitation guidelines posted in all dispensaries and
			 classrooms.
(10) Supplemental
			 training space must be preapproved by the department.
(a) The supplemental training space must be
			 located within two miles of the original facility of the licensed
			 school.
(b) A duplicate copy of the
			 school license shall be posted at the supplemental training space.
(c) A duplicate copy of each instructor's
			 license with a current photograph shall be posted at the supplemental training
			 space.
(d) The supplemental
			 training space shall bear the same name as the original licensed
			 school.
(e) Supplemental training
			 space is only approved for theory and/or practice rooms. No clinic services
			 shall be provided in supplemental training space.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-20 - Cosmetology-Barber-Manicurist-Esthetician rules › Section 308-20-574 - School closure process

Current through Register Vol. 24-14, July 15, 2024
(1) Ceases to
			 provide educational services means that a stoppage of training has occurred
			 because:
(a) Facilities are rendered
			 continuously unusable for a period of thirty calendar days or more;
			 or
(b) Faculty or qualified
			 substitutes assigned to a specific class are not available or otherwise fail to
			 perform instructional duties for five or more successive days of scheduled
			 instruction; or
(c) Bankruptcy
			 proceedings or other financial conditions exist that result in the school
			 interrupting scheduled instruction for five or more successive days;
			 or
(d) Adverse action has been
			 taken by a federal, state, or local jurisdiction which results in the school
			 interrupting scheduled instruction for five or more successive days.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-20 - Cosmetology-Barber-Manicurist-Esthetician rules › Section 308-20-575 - School license renewal process

Current through Register Vol. 24-14, July 15, 2024
(1) Each school license shall be renewed on a
			 yearly basis. In addition to the site inspection, the renewal request, along
			 with the fee, shall be accompanied by:
(a)
			 Certification of annual gross tuition and surety bond in an amount equal to ten
			 percent of the annual gross tuition, but not less than ten thousand dollars or
			 more than fifty thousand dollars;
(b) Copy of the school's catalog, enrollment
			 agreement/contract, curriculums, student monthly reports, current and accurate
			 floor plan;
(c) Current list of
			 instructor names and license numbers;
(d) Updated school information on forms
			 provided by the department including the days and hours of operation of the
			 school;
(e) Verification of
			 current student/instructor ratio;
(f) An identification of owners,
			 shareholders, and directors:
(i) Complete
			 legal name, personal telephone number, and home mailing address of the owner,
			 shareholders, and directors;
(ii)
			 The form of ownership; e.g., sole proprietorship, partnership, limited
			 partnership, LLC, or corporation; and
(iii) Names, addresses, personal phone
			 numbers, and prior school affiliations if any, of all individuals with ten
			 percent or more ownership interest.
(g) A school that is a corporation or a
			 subsidiary of another corporation must submit:
(i) Current evidence that the corporation is
			 registered with the Washington secretary of state's office; and
(ii) The name, address, and telephone number
			 of the corporation's registered agent.
(h) A signed fire inspection report from the
			 local fire authority indicating all standards and requirements have been met;
			 and
(i) The school must submit an
			 exact floor plan of the physical location which is drawn to scale showing
			 placement of all equipment; areas designated for the clinic, dispensary,
			 classroom, office and restrooms; and identify student capacity. The floor plan
			 shall include the square footage of the school.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-20 - Cosmetology-Barber-Manicurist-Esthetician rules › Section 308-20-580 - Tuition recovery trust fund (TRTF)

Current through Register Vol. 24-14, July 15, 2024
(1) TRTF funding.
(a) Upon submission of an initial school
			 license application, a deposit of three hundred dollars into the TRTF is
			 required. A change in school location does not exempt the school from the
			 initial application deposit.
(b)
			 Upon submission of a renewal application, a deposit of .16% (.0016) of the
			 school's gross annual tuition for the previous calendar year into the TRTF is
			 required.
(c) Renewal applications
			 for schools whose gross annual tuition for the previous calendar year is zero,
			 will be required to deposit twenty-five dollars into the TRTF.
(d) Failure to submit a deposit is grounds
			 for denial of a renewal application.
Initial application deposit
$300
Renewal deposit
.16% of previous calendar year gross annual
						tuition
Renewal deposit (if gross annual tuition is
						zero)
$25
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-22 - Body art, body piercing, and tattooing rules › Section 308-22-020 - Standard universal precautions for preventing the spread of diseases by using sterilization procedures and infection control in body art, body piercing, and tattooing

Current through Register Vol. 24-14, July 15, 2024
Every licensee shall comply with the requirements established
				by the department of health under WAC
				246-145-015,
				246-145-050, and
				246-145-060.
Statutory Authority:
				  RCW
				  43.24.086,
				  43.24.023, chapter 18.300 RCW, and
				  2009 c 412. 10-14-074, § 308-22-020, filed 7/1/10, effective
				  7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-22 - Body art, body piercing, and tattooing rules › Section 308-22-040 - Issuance of licenses - Requirements

Current through Register Vol. 24-14, July 15, 2024
Upon completion of an application and payment of the proper
				fee, the director shall issue the appropriate license to any person who:
(1) Is at least eighteen years old or older.
			 Minors are prohibited from working in tattoo studios or any occupation where
			 there is a risk of exposure to fluids or transmission of infectious agents. WAC
			 296-125-030.
(2) Provides proof of bloodborne pathogen
			 certification. All bloodborne pathogen training courses must comply with OSHA
			 29 C.F.R.
			 1910.1030 standards.
(3) No artist may apply a tattoo to any minor
			 under the age of eighteen.
			 RCW
			 26.28.085.
Statutory Authority:
				  RCW
				  43.24.086,
				  43.24.023, chapter 18.300 RCW, and
				  2009 c 412. 10-14-074, § 308-22-040, filed 7/1/10, effective
				  7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-22 - Body art, body piercing, and tattooing rules › Section 308-22-050 - Fees

Current through Register Vol. 24-14, July 15, 2024
The following fees shall be charged by the professional
				licensing division of the department of licensing. The department may require
				payment of fees less than those established in this section if the current
				level of fees is likely to result in a surplus of funds. Surplus funds are
				those in excess of the amount necessary to pay for the costs of administering
				the program and to maintain a reasonable reserve.
Title of Fee
Fee
Individual License:
Tattoo
$ 275
Body Art
$ 275
Body Piercing
$ 275
Permanent Cosmetics
$ 275
Location License:
Shop/Business
$ 330
Mobile Unit
$ 330
Event
$ 330
Individual License Renewal:
Tattoo
$ 275
Body Art
$ 275
Body Piercing
$ 275
Permanent Cosmetics
$ 275
Location License Renewal:
Shop/Business
$ 330
Mobile Unit
$ 330
Event
$ 330
Individual License Late Renewal Penalty
						  Fee:
Tattoo
$ 110
Body Art
$ 110
Body Piercing
$ 110
Permanent Cosmetics
$ 110
Location License Late Renewal Penalty
						  Fee:
Shop/Business
$ 110
Mobile Unit
$ 110
License Print Fee
$ 5
Statutory Authority:
				  RCW
				  43.24.086,
				  43.24.023, chapter 18.300 RCW, and
				  2009 c 412. 10-14-074, § 308-22-050, filed 7/1/10, effective
				  7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-22 - Body art, body piercing, and tattooing rules › Section 308-22-070 - Requirements and standards - Minimum safety and sanitation standards for artists and shops, mobile units, and event locations

Current through Register Vol. 24-14, July 15, 2024
(1)
Every licensee shall maintain the
			 following safety and sanitation standards:
(a) Each location shall have a waiting area
			 that is physically separated from the work stations and equipment cleaning
			 area.
(b) Locations that use only
			 disposable equipment are exempt from having a separate equipment cleaning
			 area.
(c) The work stations and
			 equipment cleaning area must be separated from living quarters by a floor to
			 ceiling wall and closed doors during business hours.
(d) All locations must have access to an
			 equipment cleaning area with a sink available. Sinks must have hot and cold
			 running water. Sinks in equipment cleaning areas are to be used for
			 disinfecting supplies, tools, equipment, and other materials. These sinks must
			 be labeled "not for public use."
(e) All locations must have access to a
			 separate hand washing sink, with hot and cold running water, for public use.
			 Sinks must be supplied with single-use hand soap and disposable towels or an
			 air dryer.
(f) Creams and lotions
			 must be dispensed using a disposable or sanitized and disinfected
			 applicator.
(g) After restroom use
			 and before providing services to clients, licensees must wash hands with
			 single-use soap and/or hand sanitizer and use disposable or single-use
			 hand-drying towels or an air dryer.
(h) Waste containers must be emptied,
			 sanitized, and disinfected daily.
(i) All locations shall be kept free of
			 rodents and vermin and protected from infestation by insects.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-020 - Financial statement

Current through Register Vol. 24-14, July 15, 2024
Each applicant must submit a current (within prior three
				months) financial statement of assets and liabilities. Such statement shall be
				submitted in the manner and form prescribed by the director. Whenever a
				licensee applies for annual license renewal, such licensee must sign the
				renewal form that contains a certification:
(1) That the collection agency's true net
			 worth complies with the requirements of
			 RCW
			 19.16.245; and
(2) That the trust account(s) have sufficient
			 funds to pay all obligations to clients.
Statutory Authority: [RCW
				  19.16.410 ]. 01-11-132, § 308-29-020,
				  filed 5/22/01, effective 6/22/01; Order PL-123, § 308-29-020, filed
				  5/17/72.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-025 - What records must a licensee maintain at the licensed location?

Current through Register Vol. 24-14, July 15, 2024
Required records:
The collection agency must maintain the following records at
				the licensed location:
(1)
Bank
			 trust records.
(a) Duplicate receipt
			 book or cash receipts journal recording all receipts showing date received and
			 the customer who paid;
(b)
			 Sequentially numbered checks with check register or cash disbursement journal
			 or check stubs showing the purpose of the disbursement and the client account
			 it is debited to;
(c) Bank deposit
			 slips verifying the date deposited and reconciled with receipt book or cash
			 receipts journal;
(d) Client's
			 accounting ledger or client remittance report summarizing all moneys received
			 and all moneys disbursed for each client collection account; and
(e) Reconciled bank statements and canceled
			 checks for all trust bank accounts.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-030 - Do licensees have to notify the director of changes in ownership, officers, directors, or managing employees?

Current through Register Vol. 24-14, July 15, 2024
(1) Each licensee shall notify the director
			 in writing:
(a) Within ten business days of
			 any change in its ownership;
(b)
			 Within ten business days of any change in officers, directors, or managing
			 employees of each office location.
The notification shall consist of reporting the individual's
				name, position, address and effective date of change.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-045 - Collection agency fees

Current through Register Vol. 24-14, July 15, 2024
The following fees will be charged by the business and
				professions division of the department of licensing:
Title of Fee
Fee
Collection agency-Main office: Original
						  application
$890.00
Renewal
$515.00
Reregistration fee after 30 days
$1,405.00
Branch office (with WA main office): Original
						  application
$590.00
Renewal
$340.00
Reregistration fee after 30 days
$930.00
Out-of-state collection agency-Main office: Original
						  application
$445.00
Renewal
$257.50
Reregistration fee after 30 days
$702.50
Branch office-With out-of-state main office: Original
						  application
$295.00
Renewal
$170.00
Reregistration fee after 30 days
$465.00
License print fee
$5.00
Statutory Authority:
				  RCW
				  19.16.140,
				  43.24.086, and 2011 1st sp.s. c
				  50. 11-23-159, § 308-29-045, filed 11/22/11, effective 12/23/11. Statutory
				  Authority:
				  RCW
				  19.16.140,
				  43.24.086. 04-18-043, §
				  308-29-045, filed 8/26/04, effective 10/1/04. Statutory Authority:
				  [RCW
				  19.16.410 ]. 01-11-132, § 308-29-045,
				  filed 5/22/01, effective 6/22/01. Statutory Authority:
				  RCW
				  43.24.086. 90-06-052, § 308-29-045,
				  filed 3/2/90, effective 4/2/90; 87-10-028 (Order PM 650), § 308-29-045,
				  filed 5/1/87. Statutory Authority: 1983 c 168 § 12. 83-22-060 (Order PL
				  446 ), § 308-29-045, filed 11/2/83; 83-17-031 (Order PL 442 ), §
				  308-29-045, filed 8/10/83. Formerly WAC
				  308-29-040.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-050 - Are licensees required to notify the director of lawsuits, judgments, etc., involving the licensee or its employees?

Current through Register Vol. 24-14, July 15, 2024
(1) Within thirty days after the entry of any
			 judgment against the licensee or any owner, officer, director or managing
			 employee of a nonindividual licensee, the licensee shall notify the director in
			 writing of the judgment, if the judgment arises out of any of the practices
			 prohibited in
			 RCW
			 19.16.250 or of any of the grounds set forth
			 in RCW
			 19.16.120.
(2) Within thirty days after the filing,
			 service or knowledge of a tax lien or warrant filed against the licensee or any
			 owner, officer, director or managing employee of a nonindividual licensee, the
			 licensee shall notify the director in writing of the lien or warrant.
(3) Within thirty days after the filing,
			 service or knowledge of any suit, complaint, counterclaim or cross claim served
			 or filed in any court in which the licensee or any owner, officer, director or
			 managing employee of a nonindividual licensee is named a defendant, the
			 licensee shall notify the director in writing of such matter if it:
(a) Involves alleged violations of
			 RCW
			 19.16.210; or
(b) Is or purports to be brought on behalf of
			 the state of Washington or three or more persons.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-060 - What are the licensees' obligations when transferring an interest in a collection agency?

Current through Register Vol. 24-14, July 15, 2024
(1) In order to
			 transfer the licensee's interest in a collection agency or out-of-state
			 collection agency, unless the transfer is due to the death of an individual
			 licensee, the licensee shall notify all of its clients with open accounts, or
			 cause such clients to be notified, of the transfer of the licensee's
			 interest.
(2) The instrument by
			 which the interest is transferred shall be in writing, and shall indicate:
(a) That the license or branch office
			 certificate granted under chapter 19.16 RCW is not assignable or transferable,
			 that the transfer of the licensee's interest in the business does not include
			 such license or certificate, that the transferee of the interest must apply for
			 a license and/or certificate in accordance with the law, and that the
			 transferee of the interest may not act, assume to act, or advertise as a
			 collection agency or out-of-state collection agency as defined in chapter 19.16
			 RCW, without first having applied for and obtained a license under that
			 chapter;
(b) Which party to the
			 transaction bears responsibility for payment to clients of amounts due them
			 between the date the instrument is executed and the effective date of the
			 transfer;
(c) Which party to the
			 transaction bears responsibility for maintaining and preserving the records of
			 the collection agency or out-of-state collection agency as prescribed by
			 RCW
			 19.16.230 and these rules;
(d) Whether the transfer of interest includes
			 the right to use of the business name or trade name of the collection agency or
			 out-of-state collection agency; and
(e) Which party to the transaction bears
			 responsibility for providing written notice of the transfer to the clients of
			 the collection agency who have open accounts with the collection agency or
			 out-of-state collection agency.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-070 - Disclosure of rate of interest

Current through Register Vol. 24-14, July 15, 2024
Whenever a collection agency is required pursuant to
				RCW
				19.16.250(8)(c) to disclose
				to the debtor that interest charges are being added to the original obligation,
				the collection agency must also disclose to the debtor the rate of interest.
				The rate of interest cannot exceed the legal maximum rate established in
				chapter
				19.52
				RCW.
Statutory Authority: [RCW
				  19.16.410 ]. 01-11-132, § 308-29-070,
				  filed 5/22/01, effective 6/22/01; 87-11-064 (Order PM 653), § 308-29-070,
				  filed 5/20/87; 86-14-051 (Order PM 602), § 308-29-070, filed
				  6/27/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-080 - Does a collection agency have to notify the credit reporting agency when the debt is satisfied?

Current through Register Vol. 24-14, July 15, 2024
If a collection agency informs a credit-reporting agency of the
				existence of a claim, the collection agency shall promptly notify the
				credit-reporting agency that the claim has been satisfied. In the absence of
				other applicable law, "promptly" shall mean within forty-five days after
				satisfaction of the claim.
Statutory Authority: [RCW
				  19.16.410 ]. 01-11-132, § 308-29-080,
				  filed 5/22/01, effective 6/22/01; 87-11-064 (Order PM 653), § 308-29-080,
				  filed 5/20/87; 86-14-051 (Order PM 602), § 308-29-080, filed
				  6/27/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-085 - Remote work requirements

Current through Register Vol. 24-14, July 15, 2024
A licensee may allow qualified employees to perform collection
				activities from virtual offices if the following requirements are met:
(1)
Employee list.
A licensee
			 must keep a record of employees who are permitted to perform collection
			 activities from a virtual office. The list must be kept current, and must
			 include the employee's name, telephone number and email address, and the
			 virtual office location address.
(2)
Equipment list.
A licensee
			 must maintain a current record of licensee equipment supplied to an employee
			 for use in their virtual office.
(3)
Employee remote work
			 agreement.
A licensee must provide the employee a written agreement or
			 checklist signed by the employee that indicates the employee has reviewed and
			 agrees to the following requirements:
(a)
			 While working remotely, the employee must agree to maintain confidentiality of
			 consumer data, must maintain all collection agency data electronically and may
			 not print hard copies or otherwise reproduce copies of collection agency
			 data.
(b) The employee must read
			 and agree to comply with the licensee's IT security policy and any
			 updates.
(c) Employee must agree to
			 maintain the safety and security of licensee's equipment at all times as more
			 particularly described by the licensee.
(d) An employee must review a description of
			 the specific type of collection work the employee or class of employee is
			 allowed to perform while working from their virtual office.
(e) The employee must agree not to disclose
			 or convey to the consumer that the employee is working from a virtual office or
			 that the virtual office is a place of business.
(f) An employee must be advised that the
			 employee's collection agency activities are subject to review and calls to and
			 from the virtual office will be monitored and recorded.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-090 - Brief adjudicative proceedings-When they can be used

Current through Register Vol. 24-14, July 15, 2024
(1) The board
			 adopts RCW 34.05.-482 through 34.05.494 for the administration of brief
			 adjudicative proceedings conducted at the discretion of the board. Brief
			 adjudicative proceedings can be used in place of formal adjudicative hearings
			 whenever the board issues a statement of charges, notice of intent to issue a
			 cease and desist order, or temporary cease and desist order alleging that an
			 applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed
			 practice or unprofessional conduct as that term is defined under chapter 18.235
			 RCW, the Uniform Regulation of Business and Professions Act. Brief adjudicative
			 proceedings can also be used whenever the statement of charges, notice of
			 intent to issue a cease and desist order, or temporary cease and desist order
			 alleges violations of any statute or rule that specifically governs
			 disciplinary actions within a profession for which the applicant seeks a
			 license or from which the licensee holds a license.
(2) Brief adjudicative proceedings may be
			 used to determine the following issues, including, but not limited to:
(a) Whether an applicant has satisfied terms
			 for reinstatement of a license after a period of license restriction,
			 suspension, or revocation;
(b)
			 Whether an applicant or licensee has satisfied financial security requirements
			 by providing adequate proof of surety bonds or other proof of financial
			 security, as required by law;
(c)
			 Whether a sanction proposed by the board is appropriate based on the stipulated
			 facts;
(d) Whether an applicant
			 meets minimum requirements for an initial or renewal application;
(e) Whether an applicant or licensee failed
			 to cooperate in an investigation by the board;
(f) Whether an applicant or licensee was
			 convicted of a crime that should disqualify the applicant or licensee from
			 holding the specific license sought or held;
(g) Whether an applicant or licensee has
			 violated the terms of a final order issued by the board;
(h) Whether a licensee has committed
			 recordkeeping violations;
(i)
			 Whether a licensee has committed trust account violations;
(j) Whether an applicant or licensee has
			 engaged in false, deceptive, or misleading advertising; or
(k) Whether a person has engaged in
			 unlicensed practice.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-110 - Conduct of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
Brief adjudicative proceedings shall be conducted by a
				presiding officer designated by the board. The presiding officer for brief
				adjudicative proceedings shall have agency expertise in the subject matter but
				shall not have personally participated in the decision to issue the initiating
				document.
Statutory Authority:
				  RCW
				  19.16.410. 07-17-145, § 308-29-110,
				  filed 8/21/07, effective 9/21/07; 01-11-132, § 308-29-110, filed 5/22/01,
				  effective 6/22/01.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-120 - Appeal process for brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
If you do not receive satisfaction from the brief adjudicative
				proceeding, you may appeal to the board for an administrative review. The board
				must receive your written appeal within twenty-one days after the brief
				adjudicative proceeding order is posted in the United States mail. The board
				considers your appeal and either upholds or overturns the brief adjudicative
				proceeding decision. The board's decision, also called an order, is mailed to
				you. This section does not apply to brief adjudicative proceedings conducted by
				the board through WAC
				308-29-090(2).
Statutory Authority:
				  RCW
				  19.16.410. 07-17-145, § 308-29-120,
				  filed 8/21/07, effective 9/21/07; 01-11-132, § 308-29-120, filed 5/22/01,
				  effective 6/22/01.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-29 - Collection agencies and repossession services › Section 308-29-130 - Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings

Current through Register Vol. 24-14, July 15, 2024
(1) At least
			 five days before the scheduled brief adjudicative proceeding, any party to the
			 proceeding, including the board, may file a written objection to resolution of
			 a matter by a brief adjudicative proceeding and may request that a matter be
			 converted to a formal adjudicative hearing. Upon receiving a timely written
			 objection, the presiding officer shall determine whether the matter should be
			 converted. Regardless of whether any party files a timely objection, the
			 presiding officer may convert any brief adjudicative proceeding to a formal
			 adjudicative hearing whenever it appears that a brief adjudicative proceeding
			 is insufficient to determine the issues pending before the board.
(2) In determining whether to convert a
			 proceeding, the presiding officer may consider the following factors:
(a) Whether witness testimony will aid the
			 presiding officer in resolving contested issues of fact;
(b) Whether the legal or factual issues are
			 sufficiently complex to warrant a formal adjudicative proceeding, including
			 whether there are multiple issues of fact or law;
(c) Whether a brief adjudicative proceeding
			 will establish an adequate record for further board or judicial
			 review;
(d) Whether the legal
			 issues involved in the proceeding present questions of legal significance or
			 are being raised for the first time before the board;
(e) Whether conversion of the proceeding will
			 cause unnecessary delay in resolving the issues; and
(f) Any other factors that the presiding
			 officer deems relevant in reaching a determination.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-005 - Mailing address

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-005,
				  filed 2/5/93, effective 3/8/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter implements the revised uniform law on notarial
				acts, chapter 42.45 RCW.
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-010,
				  filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5
				  and 20. 85-24-025 (Order PL 571 ), § 308-30-010, filed 11/26/85, effective
				  1/1/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-030 - Application process for notary public commission

Current through Register Vol. 24-14, July 15, 2024
(1) To apply for a notary public commission,
			 an applicant who meets the requirements of
			 RCW
			 42.45.200(2) shall submit an
			 application on forms provided by the department. The application shall include:
(a) Evidence of a ten thousand dollar surety
			 bond, signed by the notary public, that conforms to
			 RCW
			 42.45.200(4);
(b) Payment of the prescribed fee;
			 and
(c) A signed and notarized oath
			 of office.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-040 - Approval or denial of application

Current through Register Vol. 24-14, July 15, 2024
(1) Upon an applicant's fulfillment of the
			 requirements for a notary public commission and/or an electronic records notary
			 public endorsement, and/or a remote notary endorsement, the department shall
			 approve the application and issue the notary public commission and/or any
			 appropriate endorsements.
(2) If
			 the department receives an incomplete or invalid application, the department
			 shall hold the application for thirty calendar days to allow the applicant to
			 cure any defects. After the thirty day period, the application shall be
			 canceled and any application fees forfeited.
(3) An applicant may not perform any notarial
			 acts on a tangible or electronic record before receiving a notary public
			 commission and the appropriate endorsement from the department.
(4) The department may deny a commission or
			 endorsement application if the applicant fails to comply with these rules or
			 does not meet the requirements for licensure.
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-040,
				  filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5
				  and 20. 85-24-025 (Order PL 571 ), § 308-30-040, filed 11/26/85, effective
				  1/1/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-050 - Term of commission

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The term of a notary public commission shall expire on the expiration date of
			 the notary public's surety bond, no more than four years after their commission
			 date.
(2) Unless terminated
			 pursuant to WAC
			 308-30-270,
			 an electronic records notary public endorsement and the remote notary
			 endorsement are valid from the date the endorsement is issued by the
			 department, and continues as long as the notary public's current commission
			 remains valid.
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-050,
				  filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5
				  and 20. 85-24-025 (Order PL 571 ), § 308-30-050, filed 11/26/85, effective
				  1/1/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-060 - Application fees

Current through Register Vol. 24-14, July 15, 2024
The following fees shall be charged by the department:
Title of Fee
Fee
Application for notary public commission
$40.00
Application for electronic records notary public
						  endorsement
$15.00
Renewal of notary public commission
$42.00
Renewal of electronic records notary public
						  endorsement
$15.00
License print fee
$5.00
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-060,
				  filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5
				  and 20. 85-24-025 (Order PL 571 ), § 308-30-060, filed 11/26/85, effective
				  1/1/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-070 - Size and form of official seal or stamp

Current through Register Vol. 24-14, July 15, 2024
An official seal or stamp shall conform to the following
				requirements:
(1) The seal or stamp
			 shall include the following information:
(a)
			 The words "notary public";
(b) The
			 words "state of Washington";
(c)
			 The notary public's name as commissioned;
(d) The notary public's commission expiration
			 date; and
(e) The notary public's
			 commission number.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-080 - Acquiring official seal or stamp

Current through Register Vol. 24-14, July 15, 2024
(1) A notary public shall procure an official
			 seal or stamp only after receiving a certificate evidencing the notary public's
			 commission from the department, and shall provide a copy of this certificate to
			 their chosen seal or stamp vendor as part of procuring the stamp.
(2) A notary public with a commission in
			 effect on July 1, 2018, may continue to use their notarial seal until the
			 commission's date of expiration. A notary public who procures an official seal
			 or stamp after July 1, 2018, is subject to and shall comply with the rules in
			 WAC
			 308-30-070.
(3) The stamp a notary public acquires is the
			 exclusive property of the notary public, and shall not be surrendered to an
			 employer upon termination of employment, regardless of whether the employer
			 paid for the seal or for the notary's bond or appointment fees.
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-080,
				  filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5
				  and 20. 85-24-025 (Order PL 571 ), § 308-30-080, filed 11/26/85, effective
				  1/1/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-090 - Replacement of lost or stolen official seal or stamp

Current through Register Vol. 24-14, July 15, 2024
(1) When an official seal or stamp is lost or
			 stolen the notary public shall notify the department in writing within ten
			 business days of discovering the seal or stamp was lost or stolen.
(2) The notary public may not obtain a
			 replacement official seal or stamp until they have properly notified the
			 department that the original was lost or stolen.
(3) A replacement official seal or stamp must
			 contain some variance from the original seal or stamp.
(4) If the lost or stolen official seal or
			 stamp is found or recovered after a replacement has been obtained, the original
			 seal or stamp shall be destroyed.
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-090,
				  filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 §§ 5
				  and 20. 85-24-025 (Order PL 571 ), § 308-30-090, filed 11/26/85, effective
				  1/1/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-100 - Notary signature

Current through Register Vol. 24-14, July 15, 2024
In addition to the requirements listed in
				RCW
				42.45.130, a notary public signing the
				notarial certificate of a completed notarial act shall sign the notarial
				certificate using the exact name that appears on the notary's certificate of
				commission and their seal or stamp.
Statutory Authority:
				  RCW
				  42.44.190, 43.35.055,
				  43.24.086, WAC
				  308-30-100. 05-12-047, §
				  308-30-100, filed 5/26/05, effective 6/26/05. Statutory Authority:
				  RCW
				  43.24.086. 90-06-052, § 308-30-100,
				  filed 3/2/90, effective 4/2/90. Statutory Authority: 1985 c 156 §§ 5
				  and 20. 85-24-025 (Order PL 571 ), § 308-30-100, filed 11/26/85, effective
				  1/1/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-110 - Requirements for notarial acts

Current through Register Vol. 24-14, July 15, 2024
(1) In
			 performing a notarial act, the notary public shall be physically within the
			 geographic borders of the state of Washington.
(2) A notarial officer who certifies that an
			 event has occurred or an act has been performed shall determine, from personal
			 knowledge or satisfactory evidence, that the occurrence or performance took
			 place.
(3) Electronic notarial acts
			 shall conform to the requirements listed in these rules and
			 RCW
			 42.45.040 on signing parties appearing before
			 the notary.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-120 - Authorized electronic notarial acts

Current through Register Vol. 24-14, July 15, 2024
A notary public who has received an electronic records notary
				public endorsement from the department may perform the following electronic
				notarial acts:
(1) Taking an
			 acknowledgment;
(2) Taking a
			 verification on oath or affirmation;
(3) Witnessing or attesting a
			 signature;
(4) Certifying or
			 attesting a copy;
(5) Certifying
			 that an event has occurred or an act has been performed; and
(6) Noting a protest of a negotiable
			 instrument, if the notary public is:
(a)
			 Licensed to practice law in the state of Washington;
(b) Acting under the authority of an attorney
			 who is licensed to practice law in this or another state; or
(c) Acting under the authority of a financial
			 institution regulated by this state, another state, or the federal
			 government.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-130 - Requirements for technologies and technology providers

Current through Register Vol. 24-14, July 15, 2024
A tamper-evident technology shall comply with these
				rules:
(1) A technology provider shall
			 enroll only notaries public who have been issued an electronic records notary
			 public endorsement pursuant to WAC
			 308-30-030.
(2) A technology provider shall take
			 reasonable steps to ensure that a notary public who has enrolled to use the
			 technology has the knowledge to use it to perform electronic notarial acts in
			 compliance with these rules.
(3) A
			 tamper-evident technology shall require access to the system by a password or
			 other secure means of authentication.
(4) A tamper-evident technology shall enable
			 a notary public to affix the notary's electronic signature and seal or stamp in
			 a manner that attributes such signature and seal or stamp to the
			 notary.
(5) A technology provider
			 shall provide prorated fees to align the usage and cost of the tamper-evident
			 technology with the term limit of the notary public electronic records notary
			 public endorsement.
(6) A
			 technology provider shall suspend the use of any tamper-evident technology for
			 any notary public whose endorsement has been revoked, suspended, or canceled by
			 the state of Washington or the notary public.
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-130,
				  filed 2/5/93, effective 3/8/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-140 - Refusal of requests to use system

Current through Register Vol. 24-14, July 15, 2024
In addition to the reasons listed in RCW 42.45.-060, a notary
				public shall refuse a request to:
(1)
			 Use a tamper-evident technology that the notary does not know how to operate;
			 or
(2) Perform an electronic
			 notarial act if the notary has a reasonable belief that a tamper-evident
			 technology does not meet the requirements set forth in these rules.
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-140,
				  filed 2/5/93, effective 3/8/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-150 - Completion of electronic notarial certificate

Current through Register Vol. 24-14, July 15, 2024
(1) For every electronic notarial act and
			 remote notarial act, a notary public shall complete an electronic notarial
			 certificate that complies with the requirements of these rules,
			 RCW
			 42.45.130 and
			 42.45.140.
(2) An electronic notarial certificate shall
			 be completed at the time of notarization and in the presence of the
			 principal.
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-150,
				  filed 2/5/93, effective 3/8/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-155 - Satisfactory evidence of identity

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-155,
				  filed 2/5/93, effective 3/8/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-160 - Certification of electronic notarial acts

Current through Register Vol. 24-14, July 15, 2024
A notary public shall sign each electronic notarial
				certificate with an electronic signature that complies with WAC
				308-30-170
				and authenticate an electronic notarial act with an official stamp that
				complies with WAC 380-30-180.
Statutory Authority:
				  RCW
				  42.44.190. 93-05-009, § 308-30-160,
				  filed 2/5/93, effective 3/8/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-170 - Electronic notarial signature

Current through Register Vol. 24-14, July 15, 2024
(1) A notary public shall use a
			 tamper-evident technology that complies with WAC
			 308-30-130
			 of these rules to produce the notary's electronic signature in a manner that is
			 capable of independent verification.
(2) A notary public shall take reasonable
			 steps to ensure that no other individual may possess or access a tamper-evident
			 technology used to produce the notary's electronic signature.
(3) A notary public shall keep in the sole
			 control of the notary all or any part of a tamper-evident technology whose
			 exclusive purpose is to perform electronic notarial acts.
(4) For the purposes of this section,
			 "capable of independent verification" means that any interested individual may
			 confirm through the department that a notary public who signed an electronic
			 record in an official capacity had authority at that time to perform electronic
			 notarial acts.
Statutory Authority:
				  RCW
				  34.05.410(1)(a) and
				  34.05.482(1)(c).
				  97-10-052, § 308-30-170, filed 5/1/97, effective
				  6/1/97.