Title 18, BUSINESSES AND PROFESSIONS

A contractor found to have committed an infraction or violation under this chapter for performing work as an unregistered contractor shall, in addition to any penalties under this chapter, be subject to the penalties in RCW 39.12.055. [ 2008 c 120 s 4.] Notes: Conflict with feder…

(1) The director shall appoint compliance inspectors to investigate alleged or apparent violations of this chapter. (a) The director, or authorized compliance inspector, upon presentation of appropriate credentials, may inspect and investigate jobsites at which a contractor had b…

If he or she has reason to believe there has been a violation of this chapter, the director and the director's authorized representatives may issue subpoenas to enforce the production and examination of any of the following, whether written or electronic: A listing of the contrac…

Wilful refusal to provide information identifying a contractor as required by RCW 18.27.210 is a misdemeanor. [ 1983 1st ex.s. c 2 s 12.] Notes: Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200.

(1) If, upon inspection or investigation, the director or authorized compliance inspector reasonably believes that a contractor has failed to register in accordance with this chapter or the rules adopted under this chapter, the director shall issue an order immediately restrainin…

The department may issue a notice of infraction if the department reasonably believes that the contractor has committed an infraction under this chapter. A notice of infraction issued under this section shall be personally served on the contractor named in the notice by the depar…

The form of the notice of infraction issued under this chapter shall include the following: (1) A statement that the notice represents a determination that the infraction has been committed by the contractor named in the notice and that the determination shall be final unless con…

A violation designated as an infraction under this chapter shall be heard and determined by an administrative law judge of the office of administrative hearings. If a party desires to contest the notice of infraction, the party shall file a notice of appeal with the department sp…

Unless contested in accordance with this chapter, the notice of infraction represents a determination that the contractor to whom the notice was issued committed the infraction. [ 1983 1st ex.s. c 2 s 6.] Notes: Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200.…

(1) A contractor who is issued a notice of infraction shall respond within thirty days of the date of issuance of the notice of infraction. (2) If the contractor named in the notice of infraction does not elect to contest the notice of infraction, then the contractor shall pay to…

It is a gross misdemeanor for a contractor who has been personally served with a notice of infraction to willfully fail to respond to a notice of infraction as provided in this chapter, regardless of the ultimate disposition of the infraction. [ 2007 c 436 s 16; 1983 1st ex.s. c …

A contractor subject to proceedings under this chapter may appear or be represented by counsel. The department shall be represented by the attorney general in administrative proceedings and any subsequent appeals under this chapter. [ 1986 c 197 s 7; 1983 1st ex.s. c 2 s 8.] Note…

(1) The administrative law judge shall conduct contractors' notice of infraction cases pursuant to chapter 34.05 RCW. (2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence, unless the infraction is issued aga…

The administrative law judge shall dismiss the notice of infraction at any time upon written notification from the department that the contractor named in the notice of infraction was registered, without suspension, at the time the work was performed. [ 2001 c 159 s 11; 1993 c 45…

(1) Except as otherwise provided in subsection (3) of this section, a contractor found to have committed an infraction under RCW 18.27.200 shall be assessed a monetary penalty of not less than $200 and not more than $10,000. (2) The director may waive collection in favor of payme…

The consumers of this state have a right to be protected from unfair or deceptive acts or practices when they enter into contracts with contractors. The fact that a contractor is found to have committed a misdemeanor or infraction under this chapter shall be deemed to affect the …

(1) A notice of infraction issued under this chapter constitutes a notice of assessment for purposes of this section. (2) A notice of infraction becomes final thirty days from the date it is served upon the contractor unless a timely appeal of the infraction is received as provid…

(1) The department shall use reasonable means, including working cooperatively with construction industry, financial institution, local government, consumer, media, and other interested organizations and individuals, to increase: (a) Consumer awareness of the requirements of this…

The department shall create an expanded social marketing campaign using currently available materials and newly created materials as needed. This campaign should be aimed at consumers and warn them of the risks and potential consequences of hiring unregistered contractors or othe…

(1) The legislature finds that it is contrary to public policy to allow unregistered contractors to continue doing business illegally. (2) The department of labor and industries, the employment security department, and the department of revenue shall establish an unregistered con…

All moneys, except fines and penalties, received or collected under the terms of this chapter must be deposited into the construction registration inspection account. All fines and penalties received or collected under the terms of this chapter shall be deposited in the homeowner…

(1) Subject to the availability of funds appropriated for this purpose, the homeowner recovery program is created and administered by the department. The department shall have such rule-making authority as the department deems necessary to administer the program. (2)(a) Beginning…

The homeowner recovery account is created in the custody of the state treasurer. All repayments under RCW 18.27.410, private contributions, and other moneys transferred or directed to the account must be deposited into the account. Expenditures from the account may only be used f…

(1) By December 1st of each year through 2034, the department must submit an annual report to the appropriate committees of the legislature, in accordance with RCW 43.01.036, on the homeowner recovery program under RCW 18.27.410, including the following information for the previo…

The department of labor and industries, the employment security department, and the department of revenue shall coordinate and report to the appropriate committees of the legislature by December 1st of each year on the effectiveness of efforts implemented since July 1, 2008, to a…

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings: (1) "Debt adjuster," which includes any person known as a debt pooler, debt manager, debt consolidator, debt prora…

(1) By contract a debt adjuster may charge a reasonable fee for debt adjusting services. The total fee for debt adjusting services, including, but not limited to, any fee charged by a financial institution or a third-party account administrator, may not exceed fifteen percent of …

If a debt adjuster contracts for, receives or makes any charge in excess of the maximums permitted by this chapter, except as the result of an accidental and bona fide error, the debt adjuster's contract with the debtor shall be void and the debt adjuster shall return to the debt…

Every contract between a debt adjuster and a debtor shall: (1) List every debt to be handled with the creditor's name and disclose the approximate total of all known debts; (2) Provide in precise terms payments reasonably within the ability of the debtor to pay; (3) Disclose in p…

Every debt adjuster shall perform the following functions: (1) Make a permanent record of all payments by debtors, or on the debtors' behalf, and of all disbursements to creditors of such debtors, and shall keep and maintain in this state all such records, and all payments not di…

A debt adjuster shall not: (1) Take any contract, or other instrument which has any blank spaces when signed by the debtor; (2) Receive or charge any fee in the form of a promissory note or other promise to pay or receive or accept any mortgage or other security for any fee, whet…

Without limiting the generality of the foregoing and other applicable laws, the debt adjuster, manager or an employee of the debt adjuster shall not: (1) Prepare, advise, or sign a release of attachment or garnishment, stipulation, affidavit for exemption, compromise agreement or…

Nothing in this chapter shall be construed as prohibiting the assignment of wages by a debtor to a debt adjuster, if such assignment is otherwise in accordance with the law of this state. [ 1999 c 151 s 108; 1967 c 201 s 14.] Notes: Part headings not law—Effective date—1999 c 151…

(1) Any payment received by a debt adjuster from or on behalf of a debtor shall be held in trust by the debt adjuster from the moment it is received. The debt adjuster shall not commingle such payment with the debt adjuster's own property or funds, but shall maintain a separate t…

For the purpose of discovering violations of this chapter or securing information lawfully required under this chapter, the office of the attorney general may at any time: Investigate the debt adjusting business and examine the books, accounts, records, and files used; have free …

The administrative procedure act, chapter 34.05 RCW, shall wherever applicable herein, govern the rights, remedies, and procedures respecting the administration of this chapter. [ 1967 c 201 s 18.]

A violation of this chapter constitutes an unfair or deceptive act or practice in the conduct of trade or commerce under chapter 19.86 RCW. [ 1979 c 156 s 10.] Notes: Effective date—Severability—1979 c 156: See notes following RCW 18.28.010.

Any person who violates any provision of this chapter or aids or abets such violation, or any rule lawfully adopted under this chapter or any order made under this chapter, is guilty of a misdemeanor. [ 1999 c 151 s 111; 1967 c 201 s 19.] Notes: Part headings not law—Effective da…

Notwithstanding any other actions which may be brought under the laws of this state, the attorney general or the prosecuting attorney of any county within the state may bring an action in the name of the state against any person to restrain and prevent any violation of this chapt…

The attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter in the enforcement thereof from any person engaging in or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with an…

Any person who violates any injunction issued pursuant to this chapter shall forfeit and pay a civil penalty of not more than one thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall be continue…

(1) Any nonprofit organization engaged in debt adjusting in this state or exempt from this chapter pursuant to RCW 18.28.010(1)(g) shall provide the following information to the department of financial institutions in a form prescribed by the department by June 30, 2016, and agai…

The provisions of this chapter shall not invalidate or make unlawful contracts between debt adjusters and debtors executed prior to the effective date of this chapter. [ 1967 c 201 s 23.] Notes: Effective date—1967 c 201: June 8, 1967, see preface to 1967 session laws.

See chapter 18.120 RCW.

The term "surfaces of the teeth" as used in this chapter means the portions of the crown and root surface to which there is no periodontal membrane attached. [ 1969 c 47 s 6.]

No person may practice as a dental hygienist in this state without having a license as such and, after the first year, an unexpired license renewal certificate. [ 1987 c 150 s 16.] Notes: Severability—1987 c 150: See RCW 18.122.901.