reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-041 - Processing of public records requests-General

Current through Register Vol. 24-14, July 15, 2024
(1) The department will provide full access
			 to public records in accordance with
			 RCW
			 42.56.100, the public records officer or
			 designee will process requests in an efficient order depending on the size and
			 complexity of the request.
(2)
			 Failure to respond. If the department does not respond in writing within five
			 business days of receipt of the request for disclosure, the requestor can
			 contact the public records officer or designee to determine the reason for the
			 failure to respond.
(3) Third-party
			 notification. If requested records contain information that may affect rights
			 of others and may be exempt from disclosure, the public records officer may
			 provide notice to persons named in the records, before providing the records to
			 the requestor. Such notice should provide time for those other persons to
			 contact the requestor and ask them to revise the request, or, if necessary,
			 seek an order from a court to prevent or limit the disclosure. The notice to
			 the affected persons will include a copy of the request. Fulfillment of the
			 request may be delayed while third parties consider or pursue their legal
			 options.
(4) Inspection of physical
			 records.
(a) The department will provide space
			 to inspect public records. No member of the public may remove a document from
			 the viewing area or disassemble or alter any document. The requestor must
			 indicate which documents they want the agency to copy.
(b) The requestor must review assembled
			 records or collect copied records within 30 days of the department's
			 notification to them that the records are available. The department may notify
			 the requestor in writing of this requirement and ask them to make arrangements
			 to collect or review the records.
(c) The department may close the request and
			 refile the assembled records if the requestor or their representative fails to
			 claim or review the records or make other arrangements within 30 days of the
			 department's notice.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-042 - Processing of public records requests-Electronic records (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.56.040, [42.56.]070, and46.01.110 .
				  10-10-040, § 308-10-042, filed 4/27/10, effective
				  5/28/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-045 - Costs of providing copies of public records

Current through Register Vol. 24-14, July 15, 2024
(1) The department does not charge a fee for
			 the inspection of public records.
(2) Pursuant to
			 RCW
			 42.56.120(2), the department
			 declares that, for the following reasons, it would be unduly burdensome to
			 calculate the actual costs for providing copies of public records:
(a) Funds were not allocated to perform a
			 study to calculate actual costs, and the agency lacks the necessary funds to
			 perform a study;
(b) Staff
			 resources are insufficient to perform a study and to calculate such actual
			 costs;
(c) A study would interfere
			 with and disrupt other essential department's functions.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-050 - Exemptions (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.56.040, [42.56.]070, and46.01.110 .
				  10-10-040, § 308-10-050, filed 4/27/10, effective 5/28/10. Statutory
				  Authority: RCW 42.17.260, 42.17.250, and
				  46.01.110. 06-16-039, §
				  308-10-050, filed 7/26/06, effective 8/26/06. Statutory Authority:
				  RCW
				  46.01.110. 97-17-009, § 308-10-050,
				  filed 8/7/97, effective 9/13/97. Statutory Authority: RCW 42.17.250. 92-09-107,
				  § 308-10-050, filed 4/20/92, effective 5/21/92; Order MV 348, §
				  308-10-050, filed 12/24/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-055 - Review of denials of public records

Current through Register Vol. 24-14, July 15, 2024
(1) Petition for internal administrative
			 review of denial of access. Any person who objects to the initial denial or
			 partial denial of a records request may send a written request for the
			 department to review the decision. The requestor must send the written request
			 to the public records officer. The request must include a copy of or reasonably
			 identify the written statement by the public records officer or designee
			 denying the request.
(2)
			 Consideration of petition for review. The public records officer will promptly
			 provide written petitions and any other relevant information to the
			 administrative services assistant director or designee. That person will
			 consider the petition and either affirm or reverse the denial within 10
			 business days following the department's receipt of the petition, or within
			 such other time as the department and the requestor mutually agree.
(3) Review by the attorney general's office.
			 Pursuant to
			 RCW
			 42.56.530, any persons may request the
			 attorney general to review the matter when the department concludes that a
			 public record is exempt from disclosure. The attorney general has adopted rules
			 on such requests in WAC
			 44-06-160.
(4) Judicial review. Pursuant to
			 RCW
			 42.56.550, a requestor may request a judicial
			 review of the department's denial of public records request.
Statutory Authority:
				  RCW
				  42.56.040, [42.56.]070, and46.01.110 .
				  10-10-040, § 308-10-055, filed 4/27/10, effective 5/28/10. Statutory
				  Authority: RCW 42.17.260, 42.17.250, and
				  46.01.110. 06-16-039, §
				  308-10-055, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW
				  42.17.250. 92-09-107, § 308-10-055, filed 4/20/92, effective 5/21/92;
				  Order MV 348, § 308-10-055, filed
				  12/24/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-060 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				42.56.100 the following requirements will
				apply when inspecting public records held by the department:
(1) The department must have a designated
			 department employee present while a requestor inspects department
			 records.
(2) Requestors must not:
(a) Remove any public record from department
			 premises.
(b) Mark or deface a
			 public record in any manner during inspection.
(c) Dismantle public records maintained in a
			 file or jacket, or in chronological or other filing order which would
			 constitute excessive interference with the department's essential
			 functions.
(d) Stay longer than
			 their scheduled appointment to prevent excessive interference with other
			 essential functions of the agency.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-065 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) Index. The
			 department has available to all persons a current index which provides
			 identifying information as to the following records issued, adopted, or
			 promulgated since its inception:
(a) Final
			 opinions, including concurring and dissenting opinions, as well as orders, made
			 in the adjudication of cases;
(b)
			 Those statements of policy and interpretations of policy, statute, and
			 constitution which have been adopted by the agency;
(c) Administrative staff manuals and
			 instructions to staff that affect a member of the public;
(d) Planning policies and goals, and interim
			 and final planning decisions;
(e)
			 Factual staff reports and studies, factual consultant's reports and studies,
			 scientific reports and studies, and any other factual information derived from
			 tests, studies, reports, and surveys, whether conducted by public employees or
			 others; and
(f) Correspondence, and
			 materials referred to therein, by and with the agency relating to any
			 regulatory, supervisory, or enforcement responsibilities of the agency, whereby
			 the agency determines, or opines upon, or is asked to determine or opine upon,
			 the rights of the state, the public, a subdivision of state government, or of
			 any private party.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-067 - Public records indexing system

Current through Register Vol. 24-14, July 15, 2024
(1) The department has implemented a system
			 of indexing for identification and location of the following records:
(a) All records issued before July 1, 1990,
			 for which the department has maintained an index.
(b) Final orders from adjudicative
			 proceedings as defined in
			 RCW
			 34.05.010(1) entered after
			 June 30, 1990, that contain an analysis or decision of substantial importance
			 to the department in carrying out its duties.
(c) Declaratory orders entered after June 30,
			 1990, that contain an analysis or decision of substantial importance to the
			 department in carrying out its duties.
(d) Interpretive statements entered after
			 June 30, 1990.
(e) Policy
			 statements entered after June 30, 1990.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-070 - Communications with department (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.56.040, [42.56.]070, and46.01.110 .
				  10-10-040, § 308-10-070, filed 4/27/10, effective 5/28/10. Statutory
				  Authority: RCW 42.17.260, 42.17.250, and
				  46.01.110. 06-16-039, §
				  308-10-070, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW
				  42.17.250. 92-09-107, § 308-10-070, filed 4/20/92, effective 5/21/92;
				  Order MV 348, § 308-10-070, filed
				  12/24/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-075 - Disclosure of vehicle owner information

Current through Register Vol. 24-14, July 15, 2024
(1) Laws protecting vehicle owner information
			 from disclosure. Vehicle record information may be protected from disclosure
			 under chapters 42.56 and 46.12 RCW, and 18 U.S.C. Sec. 2721.
(2) Disclosing names and addresses of vehicle
			 owners.
(a) Government agencies; or
(b) Business entities who provide proof of
			 business verification; or
(c)
			 Vehicle manufacturers and vehicle component manufacturers that require vehicle
			 ownership information for recall of their own product(s); or
(d) Individuals who provide proof of identity
			 and:
(i) The owner of record is requesting
			 the information for a vehicle(s) currently registered in their name;
			 or
(ii) They can provide either a
			 letter of testamentary, letter of administration, court order, or a signed and
			 notarized department of licensing form and a death certificate of the deceased;
			 or
(iii) They have documentation
			 showing how they obtained the vehicle; or
(iv) They are following the chattel lien
			 process as required by
			 RCW
			 60.08.085.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-100 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of
				RCW
				46.22.010, the following definitions
				apply:
(1) "Access period" is a
			 duration of time under the term of this agreement when recipient is granted
			 access and use of protected personal information.
(2) "Agent" means a representative, or
			 representatives, of a requestor that is under contract with the recipient or
			 subrecipient to request driving or vehicle records on the requestor's behalf.
			 "Agent" includes insurance pools established under
			 RCW
			 48.62.031 of which the authorized recipient
			 is a member.
(3) "Attorney," for
			 the purposes of
			 RCW
			 46.12.630 and
			 46.12.635, means an attorney
			 functioning in a legal capacity when obtaining or using vehicle or vessel owner
			 information from a recipient or subrecipient.
(4) "Authorized legal representative" means
			 someone legally authorized under federal or state law to make decisions for the
			 individual. An authorized legal representative is someone who:
(a) Can provide documentation that they have
			 power of attorney; legal guardianship or conservatorship for the individual;
			 executor, etc.; or
(b) Is a
			 custodial parent of an individual who is under the age of 18.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-201 - Recipient compliance requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Audits -For a recipient receiving
			 protected personal information:
(a) A
			 recipient receiving recurring lists of protected personal information must
			 undergo data security and permissible use audits as outlined in the data
			 sharing agreement.
(b) A recipient
			 receiving a one-time list containing protected personal information must
			 demonstrate security controls are in place to protect the information and may
			 be required to undergo audits as outlined in the data sharing
			 agreement.
(c) A recipient
			 receiving individual records of protected personal information is subject to
			 audits.
(d) The department may
			 conduct random audits of any recipient it deems necessary.
(e) The department will determine the
			 frequency of all audits.
(f) The
			 cost of all audits, including actual costs incurred by the department to
			 coordinate, schedule, conduct, draft, receive, review, and report the audit up
			 to the point when the department issues the final audit review or report, is
			 the responsibility of the recipient.
(g) The department may suspend or terminate a
			 recipient's access to data if the recipient fails to provide or allow an
			 acceptable audit by the due date established by the department.
(h) The department will only accept
			 third-party audits that meet department audit standards and are performed by
			 auditors that meet independent third-party auditor qualifications.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-202 - Vetting of subrecipients

Current through Register Vol. 24-14, July 15, 2024
Before giving a sub-recipient access to protected personal
				information, the recipient must validate that the subrecipient demonstrates the
				following minimum requirements:
(1)
			 The subrecipient has a permissible use under federal or Washington state laws,
			 whichever is more restrictive.
(2)
			 The subrecipient is a qualified recipient under federal or Washington state
			 laws.
(3) The subrecipient has
			 sufficient protections in place to secure the privacy of the protected personal
			 information in accordance with the data sharing agreement.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-203 - Subrecipient disqualification

Current through Register Vol. 24-14, July 15, 2024
When the department notifies a recipient that its subrecipient
				is ineligible to receive protected personal information, the recipient must
				immediately:
(1) Terminate the
			 subrecipient's access to protected personal information; and
(2) Require the subrecipient destroy all
			 protected personal information it obtained through the recipient.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-204 - Subrecipient audit requirements

Current through Register Vol. 24-14, July 15, 2024
(1) A recipient must have procedures to audit
			 subrecipients for compliance with the terms and conditions of its contract with
			 the subrecipient.
(2) The audit
			 methodologies must be sufficient for a reasonable person to conclude a
			 subrecipient is compliant with requirements in the data sharing
			 agreement.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-205 - Required written consent audits

Current through Register Vol. 24-14, July 15, 2024
(1) Recipients who provide protected personal
			 information to subrecipients when a person must sign a release form under
			 RCW
			 46.52.130, must establish processes to hold
			 all subrecipients accountable for:
(a)
			 Obtaining and maintaining the release form prior to requesting protected
			 personal information;
(b) Verifying
			 the release form is properly executed before requesting the protected personal
			 information; and
(c) The consent is
			 rightfully executed by the named individual or their authorized legal
			 representative.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-301 - Recipient-subrecipient data sharing agreement

Current through Register Vol. 24-14, July 15, 2024
(1) A recipient must have a data sharing
			 agreement with a subrecipient before giving the subrecipient access to
			 protected personal information. The data sharing agreement terms need not be in
			 a stand-alone document, but may be included in a general contract.
(2) The subrecipient data sharing agreement
			 must include those requirements that the department has identified in the
			 recipient's data sharing agreement as those to be passed on to subrecipient. A
			 sub-recipient data sharing agreement that does not contain all necessary
			 requirements will not be considered adequate.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-401 - Standards for audits of recipients

Current through Register Vol. 24-14, July 15, 2024
When the department requires an audit under this section, it
				may accept an audit performed in the previous 12 months when it meets standards
				in the data sharing agreement and is performed by an auditor that meets
				independent third-party auditor qualifications.
For recipients receiving lists:
(1) Audit procedures must test for the
			 presence of required policies and administrative, technical, or physical
			 controls to reasonably conclude the controls are effective and in use by the
			 recipient.
(2) Audit reports must
			 provide documentation on the procedures, and the results of such procedures,
			 used to determine whether controls align with requirements in the data sharing
			 agreement.
For recipients receiving individual records of protected
				personal information, audit reports must demonstrate reasonable procedures were
				used to conclude each recipient is compliant with requirements in the data
				sharing agreement.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-402 - Selection of an auditor

Current through Register Vol. 24-14, July 15, 2024
If the department chooses not to perform an audit, the
				recipient must select a qualified independent third-party auditor to conduct
				the audit.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-403 - Independent third-party auditor qualifications

Current through Register Vol. 24-14, July 15, 2024
Independent third-party auditors conducting data security
				audits must, at a minimum, hold one of the following qualifications:
(1) American Institute of Certified Public
			 Accountants (AICPA);
(2) Certified
			 Information Security Auditor (CISA/ISACA);
(3) ANSI-ASQ National Accreditation Board
			 (ANAB); or
(4) Other nationally
			 recognized information technology auditing certification.
(5) An internal audit organization that can
			 attest it conforms with the international standards for the professional
			 practice of internal auditing.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-404 - Statement of compliance

Current through Register Vol. 24-14, July 15, 2024
The recipient will:
(1) Perform an annual self-assessment to
			 determine compliance with the requirements of the data sharing
			 agreement.
(2) Confirm in writing
			 to the department annually that it complies with requirements in the data
			 sharing agreement.
(3) Document
			 instances of noncompliance with the data sharing agreement and include a
			 corrective action plan to correct all deficiencies.
(4) Include a declaration with their
			 statement of compliance that affirms protected personal information is only
			 used as authorized.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-405 - Corrective action plans

Current through Register Vol. 24-14, July 15, 2024
(1)
			 When notifying the department of any noncompliance with the data sharing
			 agreement, the notification must include a corrective action plan for each
			 deficiency.
(2) The corrective
			 action plan must identify the anticipated date the recipient will complete each
			 action to either bring the recipient into compliance or eliminate the
			 deficiency.
(3) The department may
			 accept the recipient's action, and close the action item, or may require
			 additional action.
(4) The
			 department may take any other action described in the recipient's data sharing
			 agreement, this chapter, or state or federal law, without accepting corrective
			 action plans as it deems necessary for the safety and welfare of the
			 public.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-500 - Permissible uses pertaining to RCW 46.12.630

Current through Register Vol. 24-14, July 15, 2024
(1) For the purposes of
			 RCW
			 46.12.630(1): The sharing of
			 protected personal information will be in accordance with the following vehicle
			 and vessel regulations as they existed on January 1, 2023:
(a) For vehicles:
(i) Titles I and IV of the Anti-Car Theft Act
			 of 1992;
(ii) The Automobile
			 Information Disclosure Act (15 U.S.C. Sec. 1231 et
			 seq.);
(iii) The Clean Air Act
			 (42 U.S.C. Sec.
			 7401 et seq.); and
(iv)
										49 U.S.C. Secs.
			 30101-30183,
			 30501-30505, and
			 32101-33118;
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-700 - Research

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 may disclose protected personal information for research purposes to
			 governmental entities and bona fide research organizations only when:
(a) The research cannot reasonably be
			 conducted without the protected personal information, the recipient provides
			 adequate information for the department to reasonably determine that the
			 disclosure of protected personal information will not harm individuals, the
			 benefits to be derived from the disclosure are clearly in the public interest,
			 and the results are not of a commercial interest; or
(b) The research purpose has been approved in
			 writing by an authorized official in the department, legislature, or governor's
			 office.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-801 - Agents

Current through Register Vol. 24-14, July 15, 2024
Where agents are permitted, a requestor may access protected
				personal information through a chain of agents. For example, an employer
				(requestor) may use an employment agency (agent #1) to request records on its
				behalf. In turn, the employment agency may request the record through a
				recipient (agent #2).
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-802 - Offshoring

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise explicitly authorized in statute, or with
				prior written authorization from the department, recipients must:
(1) Only allow protected personal information
			 to be transmitted, accessed, viewed, stored, or processed within the United
			 States.
(2) Maintain the primary,
			 backup, disaster recovery, and other sites for storage of protected personal
			 information within the United States.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-804 - Notification of misuse or unauthorized disclosure

Current through Register Vol. 24-14, July 15, 2024
In the event of misuse or unauthorized disclosure of personal
				or identity information by either the recipient or its subrecipient the
				recipient must:
(1) Notify the
			 department as outlined in its data sharing agreement with the
			 department;
(2) Cooperate with all
			 department requirements in responding to the event;
(3) Notify the department before notifying
			 individuals or the public.
The subrecipient must notify the recipient of a misuse or
				unauthorized disclosure of personal or identity information.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-805 - Applications for data

Current through Register Vol. 24-14, July 15, 2024
(1) An
			 application must be submitted to the department when requesting data.
(a) The department may reject incomplete
			 applications.
(b) The department
			 may close the application if the applicant does not provide sufficient
			 information to complete the application process within 90 days of
			 request.
(c) The department may
			 close an approved application to receive data if the applicant does not execute
			 the data sharing agreement within 30 days of department sending the agreement
			 to the applicant for signature.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-901 - Authorization to request a driving abstract

Current through Register Vol. 24-14, July 15, 2024
(1) When the subject of a driver's abstract
			 must authorize the release of the abstract under
			 RCW
			 46.52.130, the party requesting the driver's
			 abstract under the terms of a data sharing agreement may use the department's
			 release form, or its own version of the release form provided it contains the
			 information required by federal and state law, and the department. The party
			 requesting the driver's abstract under the terms of a data sharing agreement
			 must verify that its release form is consistent with federal and state law, and
			 department requirements.
(2) If a
			 recipient or subrecipient uses its own version of the release form, the form
			 must not bear the department logo or otherwise indicate it is an official
			 Washington state document.
(3) The
			 release form may be signed in ink or electronically.
(4) A release form must:
(a) Include the name and signature of the
			 person whose record is being requested, or the name and signature of their
			 authorized legal representative.
(b) Include the date the signature was
			 made.
(c) Be signed by the employer
			 or volunteer organization, attesting to:
(i)
			 For employment/prospective employment, driving is a condition of employment or
			 otherwise at the direction of the employer, or the employee or prospective
			 employee handles or will be handling heavy equipment or machinery.
(ii) For volunteering, the information is
			 necessary for purposes related to driving by the individual at the direction of
			 the volunteer organization.
(iii)
			 For employee/prospective employee releases.
(A) Include a statement that any information
			 contained in the abstract related to an adjudication that is subject to a court
			 order sealing the juvenile record of an employee or prospective employee may
			 not be used by the employer or prospective employer, or an agent authorized to
			 obtain this information on their behalf, unless required by federal regulation
			 or law; and
(B) Provide
			 instructions for how someone can demonstrate that an adjudication contained in
			 the abstract is subject to a court order sealing the juvenile record.
(I) The name(s) of the agent(s) authorized to
			 obtain the information on the requestor's behalf.
(II) Include information on where to send the
			 form after it is properly executed.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10A - Data Sharing › Section 308-10A-902 - Data retention and destruction

Current through Register Vol. 24-14, July 15, 2024
(1) The recipient and its subrecipients must
			 adopt data retention and destruction policies that are in keeping with state
			 and federal law including, but not limited to, chapter 19.215 RCW.
(2) Except as otherwise required by law or as
			 provided in a data sharing agreement, protected personal information may be
			 retained only until the permissible use has been fulfilled or 10 years. After
			 the required permissible use or retention period has been met, the protected
			 personal information must be destroyed.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-11 - Regulation of auctioneers › Section 308-11-030 - Auctioneer fees

Current through Register Vol. 24-14, July 15, 2024
The following fees shall be charged by the business and
				professions division of the department of licensing:
Title of Fee
Fee
Auctioneer:
Initial application
$171.00
Renewal
171.00
Late renewal penalty
110.00
License print fee
5.00
Certification
25.00
Auction company:
Initial application
281.00
Renewal
281.00
Late renewal penalty
110.00
License print fee
5.00
Statutory Authority:
				  RCW
				  18.11.200 and
				  43.24.086. 07-16-036, §
				  308-11-030, filed 7/23/07, effective 9/1/07. Statutory Authority:
				  RCW
				  18.11.060,
				  43.24.086,
				  43.24.023. 04-17-074, §
				  308-11-030, filed 8/13/04, effective 10/1/04. Statutory Authority:
				  RCW
				  18.11.060,
				  43.24.086 and
				  43.135.055. 98-16-061, §
				  308-11-030, filed 8/3/98, effective 9/3/98. Statutory Authority:
				  RCW
				  43.24.086. 90-06-052, § 308-11-030,
				  filed 3/2/90, effective 4/2/90; 87-10-028 (Order PM 650), § 308-11-030,
				  filed 5/1/87. Statutory Authority:
				  RCW
				  18.11.060. 86-21-127 (Order PM 622), §
				  308-11-030, filed 10/22/86. Statutory Authority: 1983 c 168 § 12.
				  83-17-031 (Order PL 442 ), § 308-11-030, filed 8/10/83. Formerly WAC
				  308-11-001.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-11 - Regulation of auctioneers › Section 308-11-035 - Renewal of registration

Current through Register Vol. 24-14, July 15, 2024
(1) An
			 auctioneer license will be issued to an applicant, provided all requirements
			 are met for licensure. An auctioneer license will expire one year from the date
			 of issuance.
(2) An auction company
			 license will be issued, provided all requirements are met for licensure. The
			 auction company license will expire one year from the date of
			 issuance.
(3) An application for a
			 license renewal received after the date of expiration will require the payment
			 of the penalty fee in addition to the renewal fee.
Statutory Authority:
				  RCW
				  18.11.060,
				  43.24.086 and
				  43.135.055. 98-16-061, §
				  308-11-035, filed 8/3/98, effective 9/3/98. Statutory Authority:
				  RCW
				  18.11.060 and
				  18.11.200. 88-01-122 (Order PM
				  701), § 308-11-035, filed 12/23/87. Statutory Authority:
				  RCW
				  18.11.200. 86-21-127 (Order PM 622), §
				  308-11-035, filed 10/22/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-11 - Regulation of auctioneers › Section 308-11-050 - Surety bond or other security in lieu of bond required

Current through Register Vol. 24-14, July 15, 2024
(1) As required by
			 chapter
			 18.11 RCW, the amount of
			 the surety bond or other security in lieu of the bond to be filed and
			 maintained for an auctioneer license shall be five thousand dollars.
(2) The amount of the surety bond or other
			 security in lieu of the bond to be filed and maintained for an auction company
			 license shall be based upon the value of the gross sales during the previous
			 calendar year according to the following scale:
GROSS SALES
BOND/SECURITY
AMOUNT
$
0.00
to
$
24,999.99
$
5,000.00
$
25,000.00
to
$
49,999.99
$
10,000.00
$
50,000.00
to
$
99,999.99
$
15,000.00
$
100,000.00
to
$
499,999.99
$
20,000.00
$
500,000.00
&
Above
$
25,000.00
(3)
			 All auction companies upon application or with license renewal, shall submit a
			 financial certification affidavit on forms provided by the
			 department.
(4) Each licensee must
			 maintain such a surety bond, or other security in lieu of a bond, in an active
			 status at all times during the period of licensure.
Statutory Authority:
				  RCW
				  18.11.060,
				  43.24.086 and
				  43.135.055. 98-16-061, §
				  308-11-050, filed 8/3/98, effective 9/3/98. Statutory Authority:
				  RCW
				  18.11.121 and
				  18.11.200. 88-23-034 (Order PM
				  766), § 308-11-050, filed 11/9/88. Statutory Authority:
				  RCW
				  18.11.200. 86-21-127 (Order PM 622), §
				  308-11-050, filed 10/22/86. Statutory Authority: RCW 18.11.120 and
				  18.11.200. 85-03-045 (Order PL 506
				  ), § 308-11-050, filed 1/11/85. Statutory Authority: RCW 42.24.085
				  [43.24.085], 1982 c 205, §§ 3, 9, 10 and 18. 82-23-023 (Order PL 413
				  ), § 308-11-050, filed
				  11/9/82.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-11 - Regulation of auctioneers › Section 308-11-060 - Advance notice of cancellation or termination required

Current through Register Vol. 24-14, July 15, 2024
No cancellation of any surety bond or other security used in
				lieu of a surety bond, shall be effective unless the department of licensing
				and the licensee shall have first been given thirty days advance written notice
				of the cancellation or termination with the reason for the cancellation or
				termination: Provided, That no such notice shall be required when the
				termination of the bond or other security used in lieu of the bond is due to
				the expiration or revocation of the subject license.
Statutory Authority:
				  RCW
				  18.11.200. 86-21-127 (Order PM 622), §
				  308-11-060, filed 10/22/86. Statutory Authority: RCW 42.24.085 [43.24.085],
				  1982 c 205, §§ 3, 9, 10 and 18. 82-23-023 (Order PL 413 ), §
				  308-11-060, filed 11/9/82.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-11 - Regulation of auctioneers › Section 308-11-100 - Records

Current through Register Vol. 24-14, July 15, 2024
The following requirements and prohibitions apply to all
				records and documents required to be maintained by
				chapter
				18.11 RCW, or in these
				rules:
(1) They shall be maintained in
			 accordance with generally accepted accounting practices.
(2) No person shall make any false or
			 misleading statement, or make any false or misleading entry, or wilfully fail
			 to make any entry required to be maintained or made, in any such record or
			 document.
(3) No person shall
			 wilfully fail to produce any such record or document for inspection by the
			 department.
(4) The minimum
			 required records are as follows:
(a) Bank
			 trust account records;
(b)
			 Duplicate receipt book or receipt journal;
(c) Prenumbered checks;
(d) Check register or cash disbursement
			 journal;
(e) Validated bank deposit
			 slips;
(f) Reconciled bank monthly
			 statement (client liability vs bank statement);
(g) All cancelled checks;
(h) All voided checks;
(i) Client's ledger card which indicates
			 client's name, dates of transactions, amount received, amount disbursed,
			 current balance, check number, receipt number, and item(s) covered;
(j) A transaction folder or file containing a
			 copy of all agreements and related correspondence for each
			 transaction;
(k) The above minimum
			 records shall be maintained for a minimum period of three years.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-11 - Regulation of auctioneers › Section 308-11-120 - Inspection and audit

Current through Register Vol. 24-14, July 15, 2024
The following shall be subject to inspection and audit at any
				reasonable time, with or without notice upon demand by the department:
(1) All records required to be maintained by
			 an auctioneer by
			 chapter
			 18.11 RCW, or WAC
			 308-11-100;
(2) Other business or other types of records
			 of the auctioneer or auction company which may be related to activity as an
			 auctioneer or auction company or necessary to understand such
			 records;
(3) Any auction mart or
			 other premise used to conduct an auction;
(4) Any personal property which may be the
			 subject of, or related to, an auction.
(5) Records not physically present upon the
			 premises at the time the demand is made shall be procured and produced to the
			 department within twenty-four hours, or within a time approved by the
			 department;
(6) Records physically
			 present upon the premises at the time demand is made shall be inspected or
			 audited at any reasonable time which shall be between the hours of 8:00 a.m.
			 and 5:00 p.m., Monday through Friday.
Statutory Authority:
				  RCW
				  18.11.060,
				  43.24.086 and
				  43.135.055. 98-16-061, §
				  308-11-120, filed 8/3/98, effective 9/3/98. Statutory Authority: RCW 18.11.120
				  and 18.11.200. 85-03-045 (Order PL 506
				  ), § 308-11-120, filed 1/11/85. Statutory Authority: RCW 42.24.085
				  [43.24.085], 1982 c 205, §§ 3, 9, 10 and 18. 82-23-023 (Order PL 413
				  ), § 308-11-120, filed
				  11/9/82.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-11 - Regulation of auctioneers › Section 308-11-130 - Suit or complaint notification

Current through Register Vol. 24-14, July 15, 2024
Every licensee shall, within thirty days after service or
				knowledge of, notify the department of any suit or complaint served or filed in
				any court of competent jurisdiction, civil or criminal, in which the subject
				matter involves any auction or business activity of the defendant; and in which
				the subject matter thereof, involves any auction or business activity of the
				defendants therein named. The department address is Business and Professions
				Division, Auctioneer Section, PO Box 9649, Olympia, Washington 98507-9649.
				Complaints against others may also be sent to the above
				address.
Statutory Authority:
				  RCW
				  18.11.060,
				  43.24.086 and
				  43.135.055. 98-16-061, §
				  308-11-130, filed 8/3/98, effective 9/3/98. Statutory Authority:
				  RCW
				  18.11.200. 92-13-045, § 308-11-130,
				  filed 6/11/92, effective 7/12/92.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-12 - Architects › Section 308-12-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Architect of
			 record" is the architect whose stamp or seal appears on the technical
			 submission.
(2) "ARE" or
			 "examination" means the architect registration examination written and
			 administered by NCARB.
(3) "AXP"
			 means the Architecture Experience Program established by NCARB, which is the
			 structured training program currently recognized by the Washington state board
			 for architects.
(4) "Building"
			 means "structure" as defined in
			 RCW
			 18.08.320.
(5) "Direct supervision," as in the phrase
			 "under the direct supervision of an architect," as used in connection with
			 architectural work experience for qualification and eligibility for the
			 examination shall refer to any of the following conditions or situations:
(a) The supervising architect is an employer
			 who is knowledgeable of the performance and competence of the
			 applicant.
(b) The supervising
			 architect works for the same employer as the applicant, and is either the
			 direct superior of the applicant, or a co-worker knowledgeable and responsible
			 for the efforts of the applicant.
(c) The supervising architect is licensed in
			 an NCARB-recognized jurisdiction.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-12 - Architects › Section 308-12-010 - How does the state board function?

Current through Register Vol. 24-14, July 15, 2024
The Washington state board for architects, hereafter called the
				board, shall hold quarterly regular public meetings each year. Additional
				special meetings may be held at such times and places as the board may deem
				necessary. At its regular meeting during the second quarter of the calendar
				year, the board will elect a chair, a vice chair and a secretary for the
				upcoming year.
Statutory Authority:
				  RCW
				  18.08.340 and
				  43.24.086. 11-11-019, §
				  308-12-010, filed 5/9/11, effective 7/1/11. Statutory Authority:
				  RCW
				  18.96.060. 07-05-040, § 308-12-010,
				  filed 2/15/07, effective 3/18/07. Statutory Authority:
				  RCW
				  18.08.340. 02-11-082, § 308-12-010,
				  filed 5/14/02, effective 6/14/02. Statutory Authority: 1985 c 37 § 5.
				  85-21-065 (Order PL 560 ), § 308-12-010, filed 10/17/85. Statutory
				  Authority: RCW 18.08.130. 83-04-071 (Order PL 422 ), § 308-12-010, filed
				  2/2/83; Order PL-132, § 308-12-010, filed 9/25/72; filed 4/28/67; Rule 1,
				  filed 11/19/64; Rules 2, 4, filed 10/26/62; Rule 1, filed
				  10/26/62.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-12 - Architects › Section 308-12-016 - What are the board member rules of conduct?

Current through Register Vol. 24-14, July 15, 2024
(1) When a member of the board either owns a
			 beneficial interest in or is an officer, agent, employee, or member of an
			 entity; or has a close relationship with an individual or organization who is
			 the subject of a board action, the member shall:
(a) Recuse themselves from the board
			 discussion regarding the specific action;
(b) Recuse themselves from the board vote on
			 the specific action; and
(c)
			 Refrain from attempting to influence the remaining board members in their
			 discussion and vote regarding the specific action.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-12 - Architects › Section 308-12-023 - How do I become a licensed architect?

Current through Register Vol. 24-14, July 15, 2024
You need to fulfill three general requirements before getting
				your license: Education, examination, and experience. If you are already
				licensed in another NCARB-recognized jurisdiction, you will need to verify you
				have met these requirements before being licensed in Washington. The board may
				request additional information as necessary. You must also satisfactorily
				complete the Washington state law review exam.
Statutory Authority:
				  RCW
				  18.08.340 and
				  43.24.086. 11-11-019, §
				  308-12-023, filed 5/9/11, effective
				  7/1/11.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-12 - Architects › Section 308-12-025 - What qualifications do I need to meet for initial licensure?

Current through Register Vol. 24-14, July 15, 2024
If you are not licensed in another jurisdiction, your
				combination of education and experience will determine what you need to do to
				get your license (see the chart below). To become licensed, register through
				NCARB and they will guide you through both the AXP and the ARE.
(1) If you have an NAAB accredited
			 architectural degree,
or are enrolled in an IPAL program
, you must
			 complete the AXP and the ARE. The board also requires a review of Washington's
			 laws and rules relating to the practice of architecture.
(2) If you do not have an NAAB accredited
			 architectural degree, you must have:
(a) A
			 high school diploma or equivalent;
(b) You must complete the ARE; and
(c) You must have at least eight years'
			 practical architectural work experience that includes the completion of the
			 AXP.
(i) At least three of these years of work
			 experience must be under the direct supervision of a licensed architect and be
			 completed outside of the experience reported in the AXP.
(ii) The remaining three years can be any
			 combination of the following as approved by the board:
(A) Postsecondary education courses in
			 architecture, architectural technology or a related field including, but not
			 limited to, environmental design; urban planning; landscape architecture;
			 construction management; civil engineering; naval architecture; interior
			 architecture; other fields as determined by the board.
(B) A year consists of three quarters (45
			 credit hours), or two semesters (30 credit hours), or as otherwise defined by
			 the postsecondary school attended. You may earn a partial year of experience as
			 follows: Each quarter (15 credits) completed equals four months of experience;
			 each semester (15 credits) completed equals six months of experience.
			 Experience will not be awarded for increments less than 15 credits or its
			 equivalent.
(iii)
			 Practical architectural work experience may be accrued simultaneously while
			 earning postsecondary educational credit.
Part-time work will accrue on a prorated basis.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-12 - Architects › Section 308-12-028 - What is the application process for initial licensure as an architect?

Current through Register Vol. 24-14, July 15, 2024
(1) If you have an
			 NAAB accredited architectural degree,
or are enrolled in an IPAL
			 program
:
(a) Contact NCARB to register
			 for the AXP and the ARE. You will pay the fees for examination and
			 reexamination directly to NCARB.
(b) When you have finished the AXP and the
			 ARE:
(i) Have NCARB transmit your council
			 record directly to the board office, showing evidence of your qualifications,
			 and successful completion of the AXP and the ARE.
(ii) Complete the board's official
			 application form with the application fee and initial license fee and submit it
			 to the board office. The application fee is not refundable.
(iii) Satisfactorily complete the Washington
			 state law review exam.