Washington Administrative Code

(1) A person who already holds a license issued by the licensing authority who then enters active military service may notify the department to request their license be assigned military status. This allows the licensee to maintain their license in full force and effect while in …

(1) As long as a military service member licensee's military service continues, the licensee is not required to renew their license, but should maintain the license in military status. To maintain a military status license, the licensee should submit to the department an official…

(1) To change a military status license to an active license, the licensee must:(a) Provide a written notice of the change in their service status;(b) Pay the current renewal fee, if applicable. The licensee should contact the regulatory program directly prior to making the reque…

(1) The purpose of this chapter is to establish rules for the department of licensing to implement the requirements of the Public Records Act, chapter 42.56 RCW.(2) The department adopts these rules to provide full access to public records concerning the conduct of government, mi…

(1) The definitions set forth in RCW 42.56.010 apply to this chapter.(2) "Department" means the department of licensing. Where appropriate, it also refers to the staff and employees of the department of licensing.(3) "Designee" means a department employee authorized by the public…

(1) Function, organization, and administrative offices. The department of licensing administers laws relating to the licensing and regulation of professions, businesses, and other activities in addition to administering laws relating to the licensing and regulation of vehicles an…

All public records of the department are available for public inspection and copying during normal business hours pursuant to these rules, except as otherwise provided by chapters 42.56 and 46.12 RCW, WAC 308-10-050 and 308-93-087. For the purposes of this chapter, the normal bus…

The director designates the public records officer as the point of contact for public records requests. The records officer is located in the administrative office mentioned in WAC 308-10-015. The public records officer is responsible for:(1) The implementation of the department'…

In accordance with chapter 42.56 RCW, the public may inspect or copy nonexempt public records, or obtain copies of such records.(1) Submit a request through one of the following methods:(a) DOL's preferred method through the department's online portal located at https://wadolpubl…

(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 no…

(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 we…

(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…

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 …

(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 …

(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) 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 enti…

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 re…

(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 l…

Before giving a subrecipient 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 restrictiv…

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 …

(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 d…

(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 p…

(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 d…

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 recei…

If the department chooses not to perform an audit, the recipient must select a qualified independent third-party auditor to conduct the audit.[Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-402, filed 9/7/23, effective 10/8/23.]

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…

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 noncom…

(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 b…

(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 Autom…

(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…

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 throug…

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, b…

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 requireme…

(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 da…

For the purposes of disclosing protected personal information, an individual's authorized legal representative may authorize the disclosure.[Statutory Authority: RCW 46.01.110. WSR 23-19-010, § 308-10A-806, filed 9/7/23, effective 10/8/23.]

(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 provide…

(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, protecte…

The following fees shall be charged by the business and professions division of the department of licensing:Title of FeeFeeAuctioneer: Initial application$171.00 Renewal171.00 Late renewal penalty110.00 License print fee5.00 Certification25.00Auction company: Initial application2…

(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 auct…

(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 ma…

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 can…

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 misleadin…

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 t…

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…

(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, w…

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…

(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 boar…

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. T…

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 y…

(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 NCA…