reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-180 - Electronic notarial stamp

Current through Register Vol. 24-14, July 15, 2024
(1) An
			 electronic stamp may be used to authenticate an electronic notarial act if the
			 electronic notarial certificate conforms to the rules set forth in
			 RCW
			 42.45.130 and
			 42.45.140.
(2) An electronic stamp of a notary public
			 used to authenticate an electronic notarial act shall conform to
			 RCW
			 42.45.150 and WAC
			 308-30-070.
(3) The electronic stamp of a notary public
			 shall be a digital image that appears in the likeness or representation of a
			 traditional physical notary public official stamp meeting the requirements of
			 RCW
			 42.45.150 and WAC
			 308-30-070.
(4) The tamper-evident technology used to
			 create a notary public's electronic stamp shall not be used for any purpose
			 other than performing electronic notarial acts under chapter 42.45 RCW and
			 these rules.
(5) Only the notary
			 public to whom the tamper-evident technology is registered shall generate an
			 official stamp.
Statutory Authority:
				  RCW
				  34.05.410(1)(a) and
				  34.05.482(1)(c).
				  97-10-052, § 308-30-180, filed 5/1/97, effective
				  6/1/97.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-190 - Journal of notarial acts required

Current through Register Vol. 24-14, July 15, 2024
(1) A notary public shall record each
			 notarial act in a journal at the time of notarization in compliance with
			 RCW
			 42.45.180 and these rules.
(2) If a notary public performs notarial acts
			 involving different statements or documents for the same individual on the same
			 date, the notary public may record a single entry in the journal for all of the
			 statements or documents. The entry shall include the number of statements or
			 documents notarized and shall otherwise conform to
			 RCW
			 42.45.180 and these rules.
(3)The fact that the notary public's employer
			 or contractor keeps a record of notarial acts shall not relieve the notary of
			 the duties required by these rules.
Statutory Authority:
				  RCW
				  34.05.410(1)(a) and
				  34.05.482(1)(c).
				  97-10-052, § 308-30-190, filed 5/1/97, effective
				  6/1/97.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-200 - Format of journals of notarial acts

Current through Register Vol. 24-14, July 15, 2024
(1) A tangible notarial journal shall:
(a) Be a permanent, bound book with numbered
			 pages; and
(b) Have the capacity to
			 record for each notarial act:
(i) The
			 information required by
			 RCW
			 42.45.180(4);
(ii) A description of the notary public's
			 method of identifying the principal; and
(iii) The principal's signature, or the
			 signature of an authorized party in compliance with
			 RCW
			 42.45.070, or a notation in the notary
			 journal that the notarial act was performed via remote notarization.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-210 - Disposition of journal

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Ten years after the performance of the last notarial act chronicled in a
			 tangible journal, the journal is to be destroyed by shredding or other
			 destruction that leaves any entry in the journal illegible.
(2) Ten years after the performance of the
			 last notarial act chronicled in an electronic journal, the journal is to be
			 destroyed by deleting any remaining records pertaining to the electronic
			 journal and deleting any remaining tamper-evident technology in the notary's
			 possession.
(3) The personal
			 representative or guardian of a notary public shall follow
			 RCW
			 42.45.180(6)  related to the
			 disposition of the notary public's journals upon the death or adjudication of
			 incompetency of the notary public.
(4) Nothing in this section shall require a
			 notary to dispose of their notarial journal or journals if doing so would be in
			 conflict with the law of another jurisdiction that requires a notary to keep
			 their journal for a longer period of time.
(5) The notary public, or the notary's
			 personal representative, shall provide access instructions to the department
			 for any electronic journal maintained or stored by the notary, upon commission
			 resignation, revocation, or expiration without renewal, or upon the death or
			 adjudicated incompetence of the notary.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-220 - Fees for notarial acts

Current through Register Vol. 24-14, July 15, 2024
(1)  The maximum fees a notary may charge for notarial acts
				are:
(2)  A notary public need not charge for notarial acts.
(3)  A notary public may not charge fees for receiving or noting
				a protest of a negotiable instrument.
(4)  A notary public may additionally charge the actual costs of
				copying any instrument or record.
(5)  A notary public may charge a travel fee when traveling to
				perform a notarial act if:
(a)  The notary public and the individual requesting the
				notarial act agree upon the travel fee in advance of the travel; and
(b)  The notary public explains to the individual requesting the
				notarial act that the travel fee is in addition to the notarial fee in
				subsection (1) of this section and is not required by law.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-230 - Testimonials

Current through Register Vol. 24-14, July 15, 2024
A notary may not endorse or promote any service, contest, or
				other offering if the notary's seal or title is used in the endorsement or
				promotional statement.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-240 - Forms

Current through Register Vol. 24-14, July 15, 2024
(1) The forms in
			 RCW
			 42.45.140 are examples of certificates with
			 the sufficient information included. When a specific form is required by
			 another statute of this state, the required form shall be used.
(2) A nonattorney notary may not assist
			 another person in drafting, completing, selecting, or understanding a document
			 or transaction requiring a notarial act. This does not preclude a notary who is
			 duly qualified in a particular profession from giving advice relating to
			 matters in that professional field.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-250 - Change of name or address

Current through Register Vol. 24-14, July 15, 2024
(1)
			 When a notary public changes his or her name or address, the department of
			 licensing must be notified of such change on forms prescribed by the
			 department.
(2) A name change
			 notification must be accompanied by a bond rider from the bonding company
			 amending the notary bond, and the prescribed fee for a name change which
			 provides a duplicate notary certificate showing the new name. There is no
			 charge for an address change and a new certificate is not issued.
(3) A notary that submits a name change
			 notification shall continue to use their original notary stamp or seal and
			 their original name and signature until they receive a new commission
			 certificate and seal or stamp with the new information.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-260 - Evidence of authenticity

Current through Register Vol. 24-14, July 15, 2024
Requests for evidence of authenticity should be addressed to
				the Washington office of the secretary of state, corporations and charities
				division.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-270 - Termination or suspension of commission or endorsement

Current through Register Vol. 24-14, July 15, 2024
(1) The department may take action against
			 the commission and/or endorsement of a notary public who fails to comply with
			 these rules as provided in
			 RCW
			 42.45.210,
			 42.45.270,
			 and chapter 18.235 RCW. Any restriction, suspension, or revocation of a notary
			 public's commission will automatically have the same effect on any endorsement
			 the notary public holds.
(2) A
			 notary public may terminate their notary public commission and/or electronic
			 records endorsement or remote notary endorsement by notifying the department of
			 this intent in writing and disposing of all or any part of a tamper-evident
			 technology in the notary's control whose purpose was to perform electronic
			 notarizations.
(3) A notary public
			 may terminate the electronic records notary public endorsement or the remote
			 notary endorsement and maintain the underlying notary public
			 commission.
(4) A notary public
			 whose commission is terminated or expired, either by the notary or the
			 department, shall disable their official stamp by destroying, defacing,
			 damaging, or securing the device against use. The notary shall maintain their
			 notarial journals for ten years as required by
			 RCW 42.45.180
			 and WAC
			 308-30-210.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-280 - Change of application information

Current through Register Vol. 24-14, July 15, 2024
If any of the information submitted on a notary public's
				commission or endorsement applications pursuant to WAC
				308-30-030
				changes, the notary public shall report this change to the department in
				writing within fifteen days.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-290 - Authorized remote notarial acts

Current through Register Vol. 24-14, July 15, 2024
(1) A notary public who has received both an
			 electronic records notary public endorsement and a remote notarial acts
			 endorsement from the department may perform the following remote notarial acts:
(a) Taking an acknowledgment;
(b) Taking a verification on oath or
			 affirmation;
(c) Witnessing or
			 attesting a signature;
(d)
			 Certifying or attesting a copy;
(e)
			 Certifying that an event has occurred or an act has been performed;
			 and
(f) Noting a protest of a
			 negotiable instrument, if the notary public is:
(i) Acting under the authority of an attorney
			 who is licensed to practice law in this state or another state; or
(ii) 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 308-30-300 - Standards for identity proofing

Current through Register Vol. 24-14, July 15, 2024
(1) In
			 performing remote notarial acts, if a notary public does not have satisfactory
			 evidence of the identity of a remotely located individual under subsection (4)
			 of this section, the notary public must reasonably verify the individual's
			 identity through two different types of identity proofing consisting of a
			 credential analysis procedure and a dynamic knowledge-based authentication
			 assessment as provided in subsections (2) and (3) of this section.
(2) Credential analysis must use public or
			 private data sources to confirm the validity of the identification credential
			 presented by a remotely located individual and shall, at a minimum:
(a) Use automated software processes to aid
			 the notary public in verifying the identity of each remotely located
			 individual;
(b) Require the
			 identification credential to pass an authenticity test, consistent with sound
			 commercial practices, that uses appropriate technologies to confirm the
			 integrity of visual, physical, or cryptographic security features and to
			 confirm that the identification credential is not fraudulent or inappropriately
			 modified;
(c) Use information held
			 or published by the issuing source or an authoritative source, as available and
			 consistent with sound commercial practices, to confirm the validity of personal
			 details and identification credential details; and
(d) Enable the notary public visually to
			 compare for consistency the information and photograph on the identification
			 credential and the remotely located individual as viewed by the notary public
			 in real time through communication technology.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-310 - Standards for communication technology

Current through Register Vol. 24-14, July 15, 2024
(1) Communication technology for remote
			 notarial acts must provide for synchronous audio-visual feeds of sufficient
			 audio clarity and video resolution to enable the notary public and remotely
			 located individual to see and speak with each other. The process must provide a
			 means for the notary public reasonably to confirm that an electronic record
			 before the notary public is the same record in which the remotely located
			 individual made a statement or on which the remotely located individual
			 executed a signature.
(2)
			 Communication technology must provide reasonable security measures to prevent
			 unauthorized access to:
(a) The live
			 transmission of the audio-visual feeds;
(b) The methods used to perform identify
			 verification; and
(c) The
			 electronic record that is the subject of the remote notarial act.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-320 - Certificate of notarial act for remote notarial acts

Current through Register Vol. 24-14, July 15, 2024
(1) A form of notarial certificate for a
			 remote notarial act satisfies the requirement of RCW 42.45.-280(4) and
			 42.45.130 (1)(g) if it is in the form provided by applicable law and contains a
			 statement substantially as follows: "This notarial act involved the use of
			 communication technology."
(2) A
			 short form of acknowledgment prescribed in
			 RCW
			 42.45.140 satisfies the requirement of
			 RCW
			 42.45.280(4) and
			 42.45.130(1)(g)
			 if it is in substantially one of the following forms for the purposes
			 indicated:
(a) For an acknowledgment in an
			 individual capacity:
State of Washington
County of .......
This record was acknowledged before me by means of
				communication technology on (date) by (name(s) of individuals).
.........................
(Signature of notary public)
Notary Public
(Electronic official stamp)
(My commission expires: . . . .)
(b) For an acknowledgment in a representative
			 capacity:
State of Washington
County of .......
This record was acknowledged before me by means of
				communication technology on (date) by (name(s) of individuals) as (type of
				authority, such as officer or trustee) of (name of party on behalf of whom the
				instrument was executed).
.........................
(Signature of notary public)
Notary Public
(Electronic official stamp)
(My commission expires: . . . .)
(c) For verification on oath or affirmation:
State of Washington
County of .......
Signed and sworn to (or affirmed) before me by means of
				communication technology on (date) by (name(s) of individuals making
				statement).
.........................
(Signature of notary public)
Notary Public
(Electronic official stamp)
(My commission expires: . . . .)
(d) For witnessing or attesting a signature:
State of Washington
County of .......
Signed or attested before me by means of communication
				technology on (date) by (name(s) of individuals).
.........................
(Signature of notary public)
Notary Public
(Electronic official stamp)
(My commission expires: . . . . )
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-30 - Notaries public › Section 308-30-330 - Retention of audio-visual recordings and repositories

Current through Register Vol. 24-14, July 15, 2024
(1) A notary public must retain any
			 audio-visual recording created under
			 RCW
			 42.45.280(3)(c) in a
			 computer or other electronic storage device that protects the recording against
			 unauthorized access by password or other secure means of authentication. The
			 recording must be created in an industry-standard audio-visual file format and
			 must not include images of any electronic record that was the subject of the
			 remote notarial act.
(2) An
			 audio-visual recording must be retained for at least ten years after the
			 recording is made.
(3) A notary
			 public must take reasonable steps to ensure that a backup of the audio-visual
			 recording exists and is secure from unauthorized use.
(4) The fact that the notary public's
			 employer, contractor, or repository keeps or stores any audio-visual recordings
			 shall not relieve the notary of the duties required by these rules.
(5) The personal representative or guardian
			 of a notary public shall follow
			 RCW
			 42.45.280(6)  related to the
			 disposition of the notary public's audio-visual recordings upon the death or
			 adjudication of incompetency of the notary public.
(6) The notary public, or the notary's
			 personal representative or guardian, shall provide access instructions to the
			 department for any audio-visual recordings maintained or stored by the notary,
			 upon commission resignation, revocation, or expiration without renewal, or upon
			 the death of adjudication of incompetency of the notary.
(7) A notary public, or the notary's personal
			 representative or guardian, may by written contract engage a third party to act
			 as a repository to provide the storage required by this section. A third party
			 under contract under this section shall be deemed a repository under
			 RCW
			 42.45.280(6).
(8) Any contract under subsection (7) of this
			 section must:
(a) Enable the notary public,
			 or the notary's personal representative or guardian, to comply with the
			 retention requirements of this section even if the contract is terminated;
			 or
(b) Provide that the information
			 will be transferred to the notary public, or to the notary's personal
			 representative or guardian, if the contract is terminated.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-33 - Employment agencies - Fee schedules › Section 308-33-011 - Are the fees charged by employment agencies regulated?

Current through Register Vol. 24-14, July 15, 2024
Although fees are not regulated, employment agencies cannot
				require by contract or otherwise that an applicant pay in any one month period
				an amount which exceeds their gross earnings for that period.
Employment termination: How much does an applicant owe
				the employment agency?
Employed sixty days or less -
An
							 applicant must pay up to twenty percent of the gross earnings received, or the
							 full placement fee established in the employment agency contract, whichever is
							 less.
Employed over sixty days -
An applicant
							 must pay the full placement fee established in the employment agency contract.
							 Within seventy days after reporting to work, an applicant may submit payroll
							 information to the agency to reevaluate the fee due based on the actual gross
							 earnings for the first sixty days of employment.
Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086
				  [43.24.086] and 1998 c 346. 98-18-053, § 308-33-011, filed 8/28/98,
				  effective 9/28/98. Statutory Authority:
				  RCW
				  19.31.070. 87-21-088 (Order PM 658), §
				  308-33-011, filed 10/21/87; 81-02-031 (Order PL 359 ), § 308-33-011, filed
				  1/5/81; Order PL 272, §
										308-33-011, filed 7/26/77,
				  effective 9/21/77; Order PL 243, §
										308-33-011, filed 4/1/76; Order
				  PL-142, § 308-33-011, filed 1/24/73. Formerly WAC
				  308-33-010.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-33 - Employment agencies - Fee schedules › Section 308-33-030 - What are the guidelines for establishing fees in employment agency contracts?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The contract must list the fee charged to an applicant under the following
			 headings:
(a) Monthly salary;
(b) Range of agency's fee expressed in
			 dollars; and
(c) Agency's fee as a
			 percentage of the expected monthly salary.
A
Monthly Salary
B
Range of Agency's Fee Expressed in
							 Dollars
C
Agency's Fee as a Percent of
Expected Monthly Compensation
Less than $300.00
Up to $90.00
30%
$300.00 to $349.99
$120.00 to $139.99
40%
$350.00 to $399.99
$175.00 to $199.99
50%
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-33 - Employment agencies - Fee schedules › Section 308-33-060 - Does an employment agency have to notify the applicant of their fee in writing once a job has been accepted?

Current through Register Vol. 24-14, July 15, 2024
If an applicant accepts a job through the efforts of an
				employment agency, the agency must notify the applicant of their fee in
				writing. The document must contain the following:
(1) Amount of fee expressed in
			 dollars;
(2) Expected monthly or
			 annual salary (whichever the fee is based upon);
(3) Date applicant began or will begin
			 working; and
(4) Date payment is
			 due to the agency.
Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086
				  [43.24.086] and 1998 c 346. 98-18-053, § 308-33-060, filed 8/28/98,
				  effective 9/28/98. Statutory Authority:
				  RCW
				  19.31.070. 87-21-088 (Order PM 658), §
				  308-33-060, filed 10/21/87; Order PL 118, §
										308-33-060, filed 3/22/72,
				  effective 4/21/72.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-33 - Employment agencies - Fee schedules › Section 308-33-071 - Signing of contracts - Applicant's rights

Current through Register Vol. 24-14, July 15, 2024
(1) You must have an opportunity to discuss
			 the contract and its terms with an authorized representative of the agency
			 before signing.
(2) You must be
			 given a signed carbon or duplicate copy of the contract immediately after
			 signing.
(3) If you request only
			 jobs in which the employer pays the agency fee, the agency must note that on
			 all contracts prior to your signing the contract.
(4) If you accept a job and the fee is paid
			 by the employer, the agency can request that you sign a contract obligating you
			 to pay the agency fee if the job terminates within sixty days and the employer
			 is reimbursed by the agency. All such contracts must contain the necessary
			 information required by RCW 19.13.040 and must be approved by the director
			 prior to their use.
Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086
				  [43.24.086] and 1998 c 346. 98-18-053, § 308-33-071, filed 8/28/98,
				  effective 9/28/98; Order PL 272, §
										308-33-071, filed 7/26/77,
				  effective 9/21/77; Order PL-142, § 308-33-071, filed 1/24/73. Formerly WAC
				  308-33-070.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-33 - Employment agencies - Fee schedules › Section 308-33-090 - Definition of a branch office

Current through Register Vol. 24-14, July 15, 2024
A branch office is any location physically separated from the
				principal place of business of a licensee where the licensee or his employees
				conduct any activity meeting the criteria of an employment agency as defined in
				RCW
				19.31.020.
Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086
				  [43.24.086] and 1998 c 346. 98-18-053, § 308-33-090, filed 8/28/98,
				  effective 9/28/98; Order PL-142, § 308-33-090, filed
				  1/24/73.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-33 - Employment agencies - Fee schedules › Section 308-33-095 - General manager examination

Current through Register Vol. 24-14, July 15, 2024
(1) Examinations for general managers are
			 written and consist of multiple choice questions covering the subject matter
			 set forth in
			 RCW
			 19.31.100.
(2) The minimum passing grade is seventy-five
			 percent.
(3) Examinations are
			 conducted at least once per month at locations specified by the
			 director.
(4) The application and
			 fee must be received by the department by the first of each month to be
			 scheduled for the examination the following month. The fee is not
			 refundable.
(5) Applicants failing
			 the examination must submit a new application and fee.
(6) General managers who have passed the
			 examination and become inactive in the employment agency business for more than
			 one year are required to retake and pass the examination prior to being
			 qualified to serve as a general manager.
Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086
				  [43.24.086] and 1998 c 346. 98-18-053, § 308-33-095, filed 8/28/98,
				  effective 9/28/98. Statutory Authority:
				  RCW
				  19.31.070. 87-21-088 (Order PM 658), §
				  308-33-095, filed 10/21/87; Order PL 272, §
										308-33-095, filed 7/26/77,
				  effective 9/21/77.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-33 - Employment agencies - Fee schedules › Section 308-33-105 - Employment agency 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
Agencies:
Original application and license
$823.00
Renewal
688.00
Transfer of license
150.00
License print fee
5.00
New/amended contract or fee schedule review
50.00
Branch office:
Original application and license
580.00
Renewal
580.00
Transfer of license
25.00
License print fee
5.00
General manager exam fee
150.00
Statutory Authority: Chapter 19.31 RCW, RCW 43.240.086
				  [43.24.086] and 1998 c 346. 98-18-053, § 308-33-105, filed 8/28/98,
				  effective 9/28/98. Statutory Authority:
				  RCW
				  43.24.086. 90-06-052, § 308-33-105,
				  filed 3/2/90, effective 4/2/90; 87-10-028 (Order PM 650), § 308-33-105,
				  filed 5/1/87. Statutory Authority: 1983 c 168 § 12. 83-22-060 (Order PL
				  446 ), § 308-33-105, filed 11/2/83; 83-17-031 (Order PL 442 ), §
				  308-33-105, filed 8/10/83. Formerly WAC
				  308-33-100.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-020 - Receipt and identification of human remains

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) A
			 reduction facility must not take custody of unidentified human remains. Before
			 accepting human remains, the reduction facility must verify that identification
			 is attached to the container, shroud, or human remains.
(b) A reduction facility operator may unwrap
			 human remains prior to reduction for the sole purpose of verifying
			 identification. If any action beyond identification is required, that action
			 must be performed by a properly licensed individual.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-035 - Holding human remains for alkaline hydrolysis or natural organic reduction

Current through Register Vol. 24-14, July 15, 2024
(1) A hydrolysis
			 facility or natural organic reduction facility must not accept or hold human
			 remains unless the human remains are in a container or shroud that is resistant
			 to leakage or spillage of bodily fluids.
(2) The holding facility must:
(a) Comply with WAC
			 246-500-020
			 and all applicable public health laws;
(b) Preserve the dignity of the human
			 remains;
(c) Recognize the health
			 and safety of the hydrolysis facility or natural organic reduction facility
			 operators and others; and
(d) Be
			 secure from access by anyone other than authorized personnel.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-030 - Holding human remains for cremation

Current through Register Vol. 24-14, July 15, 2024
(1) A crematory must not accept or hold human
			 remains unless the human remains are contained in a cremation container which
			 meets the following requirements:
(a) Assure
			 protection to the health and safety of the crematory operator;
(b) Provide proper covering for the human
			 remains; and
(c) Be resistant to
			 leakage or spillage of bodily fluids.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-040 - Reduction of human remains

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Reduction must not take place until the burial transit permit and authorization
			 for the reduction method are obtained.
(2) Immediately prior to being placed within
			 the reduction chamber, the identification of the human remains must be verified
			 by the reduction facility operator. Appropriate identification of the human
			 remains will be placed near the reduction chamber in such a way as to identify
			 the human remains being reduced. The metal identification disc or metal tag
			 must be placed in the reduction chamber, with the human remains.
(3) Simultaneous reduction of more than one
			 human remains within the same reduction chamber is not permitted, unless
			 written authorization is obtained from the authorizing agent(s). Such written
			 authorization will exempt the reduction facility from all liability for
			 commingling the products of the reduction process.
(4) Simultaneous reduction of more than one
			 human remains within the same reduction chamber may be performed without the
			 authorizations required in subsection (3) of this section, if:
(a) Equipment, techniques, and other devices
			 are employed that keep the human remains separate and distinct, before and
			 during the reduction process;
(b)
			 Recoverable human remains following reduction are kept separate and distinct
			 after the reduction process.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-050 - Processing human remains following reduction

Current through Register Vol. 24-14, July 15, 2024
(1) Upon completion of the reduction process,
			 the end products must be removed from the reduction chamber, with the exception
			 of residue.
(2) The end products
			 must be placed within an individual container or tray in such a way that will
			 prevent commingling with other human remains following reduction.
(3) Identification must be attached to the
			 container or tray.
(4) All human
			 remains following reduction must undergo processing to comply with applicable
			 legal requirements.
(5) Processing
			 of human remains following reduction may not be required if human remains are
			 placed in a cemetery, mausoleum, or columbarium, or if religious or cultural
			 beliefs oppose the practice.
(6)
			 All body prostheses, bridgework, or similar items removed from the human
			 remains following reduction during processing will be disposed of by the
			 reduction facility, as directed by the authorizing agent.
(7) If the reduction facility recycles metals
			 or implants found during processing, the authorizing agent(s) must be advised
			 in writing prior to reduction.
Statutory Authority:
				  RCW
				  18.39.175(4). 02-19-019,
				  § 308-47-050, filed 9/9/02, effective
				  10/10/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-065 - Recordkeeping requirements

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 crematory, hydrolysis facility, or natural organic reduction facility must keep
			 a permanent record of all reductions performed and the disposition or release
			 of the human remains following cremation, alkaline hydrolysis, or natural
			 organic reduction. The record must include the following information:
(a) Name of deceased;
(b) Date of death;
(c) Place of death;
(d) Burial transit permit disposition
			 date;
(e) Date of delivery of human
			 remains to the reduction facility;
(f) Name(s) of authorizing agent;
(g) Relationship of authorizing
			 agent(s);
(h) Name of entity that
			 contracts with the reduction facility;
(i) Starting date of reduction process;
(j) Name of reduction facility
			 operator;
(k) Name of person
			 performing packaging;
(l) Date of
			 packaging human remains following reduction;
(m) Date of release of the reduced human
			 remains following reduction and the name of the individual(s) to whom the human
			 remains were released; and/or
(n)
			 Date and location of disposition of the human remains.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-060 - Packaging and storage of human remains following reduction

Current through Register Vol. 24-14, July 15, 2024
(1) Human remains
			 following reduction must be packaged in a sealable container orcontainers as
			 may have been ordered or supplied by the authorizing agent or the reduction
			 facility.
(2) The packaged human
			 remains will be identified. The metal identification disc or metal tag must
			 stay with the human remains.
(3) If
			 the entire human remains will not fit within the designated container, the
			 remainder of the human remains must be returned to the authorizing agent in
			 additional containers, clearly identified as being part of, and together with
			 the designated container. Upon written consent of the authorizing agent, excess
			 human remains may be disposed of in any legal manner.
Statutory Authority:
				  RCW
				  18.39.175(4). 02-19-019,
				  § 308-47-060, filed 9/9/02, effective
				  10/10/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-070 - Disposition of unclaimed reduced human remains

Current through Register Vol. 24-14, July 15, 2024
(1) When reduced human remains have been in
			 the possession of a reduction facility, funeral establishment or cemetery for a
			 period of ninety days or more, the entity holding the human remains following
			 reduction may arrange for disposition in any legal manner, provided the entity:
(a) Attempts to contact the authorizing agent
			 for disposition instructions by U.S. mail to the last known address;
(b) Informs the authorizing agent(s) of the
			 procedures that will be followed if disposition instructions are not
			 received;
(c) Informs the
			 authorizing agent(s) that disposition will take place if disposition
			 instructions are not received within sixty days of initiation of the contact
			 process;
(d) Informs the
			 authorizing agent(s) that recovery of the human remains following reduction,
			 after the disposition, may or may not be possible; and
(e) Maintains a permanent record of the
			 location of the disposition.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-075 - Reduction facility requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Crematory facilities must:
(a) Only use a commercially produced
			 crematory unit(s); and
(b) Employ a
			 licensed crematory operator or operators.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-080 - Facility licensure requirements for crematories, hydrolysis facilities, and natural organic reduction facilities

Current through Register Vol. 24-14, July 15, 2024
(1) A license or endorsement is required in
			 order to operate a crematory, hydrolysis facility, or natural organic reduction
			 facility. Each applicant shall:
(a) Submit an
			 application on a form approved by the funeral and cemetery board; and
(b) Pay a fee as determined by the director
			 per
			 RCW
			 43.24.086.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-090 - Operator licensure for those who conduct cremations, alkaline hydrolysis, or natural organic reduction

Current through Register Vol. 24-14, July 15, 2024
(1) Licenses are
			 required for operators of each method of reduction. In order to operate a
			 crematory, a hydrolysis facility, or a natural organic reduction facility,
			 applicants must submit:
(a) An application on
			 a form prescribed by the board;
(b)
			 A nonrefundable application fee as defined in WAC
			 308-48-800; and
(c) A certificate of completion of operator
			 training provided by the equipment manufacturer, or other provider generally
			 accepted by the death care profession, or as approved by the board.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-100 - Reduction facilities-Inspections

Current through Register Vol. 24-14, July 15, 2024
(1) Crematories, alkaline hydrolysis
			 facilities, and natural organic reduction facilities regulated under the
			 authority of chapters 18.39 and 68.05 RCW are subject to inspection at least
			 once each year by the inspector of funeral establishments, crematories,
			 alkaline hydrolysis, and natural organic reduction facilities, funeral
			 directors, and embalmers to ensure compliance with Washington state laws and
			 regulations related to health or the handling or disposition of human
			 remains.
(2) Inspections shall
			 cover compliance with applicable statutes and rules. Reduction facilities will
			 be open for inspection during normal business hours. If the facility is not
			 open, the ownership must identify someone to the department that can open the
			 facility for an unannounced inspection, or provide a method of access to the
			 inspector.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47 - Cremation, alkaline hydrolysis, and natural organic reduction › Section 308-47-110 - Regulatory fees due for change of ownership for reduction facilities

Current through Register Vol. 24-14, July 15, 2024
(1) The regulatory
			 fees for crematories, alkaline hydrolysis facilities, and natural organic
			 reduction are calculated per disposition and collected at the time of renewal
			 of the license, permit, or endorsement.
(2) For a change of ownership, the selling
			 entity is required to submit the regulatory fee for all dispositions performed
			 by reduction facilities up to the date of transfer of ownership.
(3) Seller must pay the regulatory fees
			 within thirty days after the date of the transfer of ownership.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47A - Final disposition permit › Section 308-47A-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Authorizing
			 agent" means the person(s) legally entitled to control the disposition of the
			 human remains.
(2) "Final
			 disposition" means burial, entombment, inurnment or scattering.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47A - Final disposition permit › Section 308-47A-020 - Final disposition of reduced human remains-Permit

Current through Register Vol. 24-14, July 15, 2024
(1) An authorizing agent or person or persons
			 who have the right to control final disposition of reduced human remains under
			 RCW
			 68.50.160(3) to dispose of
			 human remains may do so without a permit.
(2) The authorizing agent may designate
			 another person or entity to dispose of the reduced human remains. Where the
			 designee regularly or occasionally disposes of reduced human remains for
			 others, the designee must register to obtain a disposition permit to dispose of
			 reduced human remains by land, sea, or air, where such disposition is made
			 outside dedicated cemetery property.
(3) Reduced human remains may be scattered in
			 any legal manner including:
(a) National
			 parks, after receiving permission from the chief park ranger.
(b) State trust uplands, after receiving
			 permission from the regional manager for each scattering.
(c) Public navigable waters under state
			 control, including Puget Sound, Strait of Juan de Fuca, rivers, streams, and
			 lakes.
(d) The Pacific Ocean beyond
			 the mean lower low water mark. These scatterings must follow U.S. Environmental
			 Protection Agency's General Permit for Burial at Sea. This includes reporting
			 the burial within thirty days to the regional administrator of the U.S.
			 Environmental Protection Agency, Region 10.
(e) Private land, with the permission of the
			 landowner.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47A - Final disposition permit › Section 308-47A-030 - Final disposition permit application procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Designees who
			 regularly or occasionally dispose of reduced human remains must submit an
			 application for a final disposition permit on a form prescribed by the board
			 and pay the application fee.
(2)
			 All final disposition permits issued under this rule shall be issued for the
			 calendar year and shall expire at midnight, the 31st day of March of each year,
			 or at whatever time during any year that ownership or control of any permit
			 holder is transferred or sold.
(3)
			 The final disposition permit fees shall be as set forth in chapter 308-48 WAC
			 and the department shall collect in advance the fees required for
			 licensing.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-47A - Final disposition permit › Section 308-47A-040 - Final disposition of reduced human remains-Records and documentation

Current through Register Vol. 24-14, July 15, 2024
(1) Final
			 disposition permit holders must provide a certificate of disposition of human
			 remains to the authorizing agent or person authorizing the disposition. The
			 certificate shall identify:
(a) The name of
			 the deceased;
(b) The location and
			 date of the disposition of the human remains;
(c) The manner of disposition (boat, air, or
			 other);
(d) The name of the
			 authorizing agent; and
(e) The name
			 of the funeral home, crematory, hydrolysis facility, natural organic reduction
			 facility, or cemetery arranging the service, if applicable.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-48 - Funeral directors, embalmers, crematories, alkaline hydrolysis facilities, and natural organic reduction facilities › Section 308-48-015 - Retired status certificate of registration

Current through Register Vol. 24-14, July 15, 2024
Any individual who has been issued a license, in accordance
				with chapter 18.39 RCW, as a funeral director and/or embalmer having reached at
				least the age of sixty-two and having discontinued active practice may be
				eligible to obtain a "retired certificate of registration." If granted, further
				certificate of registration renewal fees and continuing education are waived.
				For the purpose of this provision, active practice has the same meaning as
				funeral director and/or embalmer under
				RCW
				18.39.010(3) and (4).
(1) Applications. Those persons wishing to
			 obtain the status of a retired registration shall complete an application form,
			 as provided by the board. The retired status would become effective upon the
			 filing of a complete application.
(2) Privileges. In addition to the waiver of
			 the renewal fee and continuing education, a retired registrant is permitted to:
(a) Retain and display the board-issued wall
			 certificate of registration;
(b)
			 Use the title funeral director and/or embalmer, provided that it is
			 supplemented by the term "retired";
(c) Offer consultant services relative to
			 funeral directing and embalming;
(d) Provide references for persons seeking
			 licensure under 18.39 RCW;
(e)
			 Serve as a volunteer in an instructional capacity on funeral directing and/or
			 embalming topics; and
(f) Provide
			 services as a technical expert before a court, or in preparation for pending
			 litigation, on matters directly related to funeral directing and/or embalming
			 work performed by the registrant prior to being granted a retired
			 registration.