Title 19 — Title 19 BUSINESS REGULATIONS—MISCELLANEOUS

The legislature finds and declares that advertising, sales, and business practices of certain sellers of travel have worked financial hardship upon the people of this state; that the travel business has a significant impact upon the economy and well-being of this state and its pe…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Department" means the department of licensing.(2) "Director" means the director of licensing or the director's designee.(3) "Sale of travel-related benefits" means th…

A seller of travel shall not advertise that any travel services are or may be available unless he or she has, prior to the advertisement, determined that the product advertised was available at the time the advertising was placed. This determination can be made by the seller of t…

At or prior to the time of full or partial payment for any travel services, the seller of travel shall furnish to the person making the payment a written statement conspicuously setting forth the information contained in subsections (1) through (6) of this section. However, if pa…

(1) If the transportation or other services contracted for are canceled, or if the money is to be refunded for any reason, the seller of travel shall refund to the person with whom it contracts for travel services, the money due the person within thirty days of receiving the fund…

This chapter does not apply to the sale of public transportation by a public charter operator who is complying with regulations of the United States department of transportation.[ 1986 c 283 s 9.]

No person, firm, or corporation may act or hold itself out as a seller of travel unless, prior to engaging in the business of selling or advertising to sell travel services or travel-related benefits, the person, firm, or corporation registers with the director under this chapter…

An application for registration as a seller of travel shall be submitted in the form prescribed by rule by the director, and shall contain but not be limited to the following:(1) The name, address, and telephone number of the seller of travel;(2) Proof that the seller of travel h…

(1) Each seller of travel shall renew its registration on or before July 1st of every year or as otherwise determined by the director.(2) Renewal of a registration is subject to the same provisions covering disciplinary action as a registration originally issued.(3) The director …

(1) In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action based on the following conduct, acts, or conditions if the applicant or registrant:(a) Was previously the holder of a registration issued under this chapter, and t…

(1) A seller of travel shall deposit in a trust account maintained in a federally insured financial institution located in Washington state, or other account approved by the director, all sums held for more than five business days that are received from a person or entity, for re…

A seller of travel shall perform its duties reasonably and with ordinary care in providing travel services.[ 1994 c 237 s 9.]

(1) A nonresident seller of travel soliciting business or selling travel in the state of Washington, by mail, telephone, or otherwise, either directly or indirectly, is deemed, absent any other appointment, to have appointed the director to be the seller of travel's true and lawf…

The director has the following powers and duties:(1) To adopt, amend, and repeal rules to carry out the purposes of this chapter;(2) To establish fees;(3) Upon receipt of a complaint, to inspect and audit the books and records of a seller of travel. The seller of travel shall imm…

Any state funds appropriated to the department of licensing for implementation of chapter 237, Laws of 1994 for the biennium ending June 30, 1995, shall be reimbursed by June 30, 1997, by an assessment of fees sufficient to cover all costs of implementing chapter 237, Laws of 199…

The director, in the director's discretion, may:(1) Annually, or more frequently, make public or private investigations within or without this state as the director deems necessary to determine whether a registration should be subject to disciplinary action, or whether a person h…

The director or individuals acting on the director's behalf are immune from suit in any action, civil or criminal, based on acts performed in the course of their duties in the administration and enforcement of this chapter.[ 2002 c 86 s 281; 1994 c 237 s 20.]Notes:Effective dates…

(1) A civil penalty shall be imposed by the court for each violation of this chapter in an amount not less than five hundred dollars nor more than two thousand dollars per violation.(2) If a person fails to pay an assessment after it has become a final and unappealable order, or …

The director may assess against a person or organization that violates this chapter, or a rule adopted under this chapter, the full amount of restitution as may be necessary to restore to a person an interest in money or property, real or personal, that may have been acquired by …

In order to maintain or defend a lawsuit, a seller of travel must be registered with the department as required by this chapter and rules adopted under this chapter.[ 1994 c 237 s 23.]

(1) Each person who knowingly violates this chapter or who knowingly gives false or incorrect information to the director, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not the statement or report is verified, is guilty…

In addition to any other penalties or remedies under chapter 19.86 RCW, a person who is injured by a violation of this chapter may bring an action for recovery of actual damages, including court costs and attorneys' fees. No provision in this chapter shall be construed to limit a…

The legislature finds that the practices governed by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this chapter is not reasonable in relation to the development and prese…

All information, documents, and reports filed with the director under this chapter are matters of public record and shall be open to public inspection, subject to reasonable regulation. The director may make public, on a periodic or other basis, the information as may be necessar…

(1) A contract for the sale of travel-related benefits may be canceled at the option of the purchaser if the purchaser sends notice of the cancellation by certified mail, return receipt requested, to the seller of travel-related benefits at the address contained in the contract a…

The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.[ 2002 c 86 s 283.]Notes:Effective dates—2002 c 86: See note following RCW 18.08.340.Pa…

(1) No seller of travel shall engage in any of the following:(a) Promoting travel for prostitution or promoting travel for commercial sexual abuse of a minor;(b) Selling, advertising, or otherwise offering to sell travel services or facilitate travel:(i) For the purposes of engag…

This act shall take effect January 1, 1987.[ 1986 c 283 s 12.]

Sections 1 through 29 of this act shall take effect January 1, 1996.[ 1994 c 237 s 33.]

The director of licensing, beginning July 1, 1995, may take such steps as are necessary to ensure that this act is implemented on its *effective date[s].[ 1994 c 237 s 35.]Notes:*Reviser's note: 1994 c 237 has different effective dates. The effective date for sections 1 through 2…