Title 19 — Title 19 BUSINESS REGULATIONS—MISCELLANEOUS
111 chapters · 1,481 sections in this title.
RCW 19.100.245 Investigatory powers—Proceedings for contempt.
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For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, corres…
RCW 19.100.248 Cease and desist orders.
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If it appears to the director that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule adopted or order issued under this chapter, the director may, in the director's discretion, issue an order directi…
RCW 19.100.250 Powers of director as to rules, forms, orders and defining terms—Interpretive opinions.
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The director may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this chapter including rules and forms governing applications and reports and defining any terms whether or not used in this chapter insofar a…
RCW 19.100.252 Denial, suspension, or revocation of franchise broker by director.
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The director may by order deny, suspend, or revoke registration of any franchise broker if the director finds that the order is in the public interest and that the applicant or registrant, or any partner, officer, or director of the applicant or registrant:(1) Has filed an applic…
RCW 19.100.255 Denial, suspension, or revocation of exemption by director.
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The director may by order deny, suspend, or revoke any exemption from registration otherwise available under RCW 19.100.030 for the offer or sale of the franchise if he or she finds that the order is in the public interest and that:(1) Any provision of this chapter or any rule or…
RCW 19.100.260 Applicability of administrative procedure act.
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The administrative procedure act, chapter 34.05 RCW, shall wherever applicable herein govern the rights, remedies, and procedures respecting the administration of this chapter.[ 1971 ex.s. c 252 s 26.]
RCW 19.100.270 Administrator of securities.
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The director shall appoint a competent person to administer this chapter who shall be designated administrator of securities. The director shall delegate to the administrator such powers, subject to the authority of the director, as may be necessary to carry out the provisions of…
RCW 19.100.900 Chapter applicable to existing and future franchises and contracts.
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The provisions of this chapter shall be applicable to all franchises and contracts existing between franchisors and franchisees and to all future franchises and contracts.[ 1971 ex.s. c 252 s 28.]
RCW 19.100.910 Chapter cumulative and nonexclusive.
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The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law.[ 1971 ex.s. c 252 s 29.]
RCW 19.100.920 Effective date—1971 ex.s. c 252.
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This act shall become effective May 1, 1972: PROVIDED, That the director is authorized and empowered to undertake and perform duties and conduct activities necessary for the implementation of this act prior to that date.[ 1971 ex.s. c 252 s 30.]
RCW 19.100.940 Short title.
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This chapter shall be known and designated as the "Franchise Investment Protection Act".[ 1971 ex.s. c 252 s 32.]
RCW 19.105.300 Definitions.
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As used in this chapter, unless the context clearly requires otherwise:(1) "Camping resort" means any enterprise, other than one that is tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, that has as its primary purpose the ownership, operation, …
RCW 19.105.310 Unlawful to offer or sell contract unless contract registered—Exemptions.
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Except in transactions exempt under RCW 19.105.325, it is unlawful for any person to market, offer, or sell a camping resort contract in this state or to a Washington state resident unless the camping resort contract is registered and the operator or registrant has received a per…
RCW 19.105.320 Registration—Filings required upon application—Waiver.
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(1) To apply for registration an applicant shall file with the director:(a) An application for registration on such a form as may be prescribed by the director. The director may, by rule or order, prescribe the contents of the application to include information (including financi…
RCW 19.105.325 Exemptions from chapter.
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(1) The following transactions are exempt from registration under this chapter:(a) An offer or sale by a government or governmental agency;(b) A bona fide pledge of a camping resort contract; and(c) Offerings and dispositions of up to three resale camping resort contracts by purc…
RCW 19.105.330 Registration—Effective, when—Completed form of application required.
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(1) Unless an order denying effectiveness under RCW 19.105.380 is in effect, or unless declared effective by order of the director prior thereto, the application for registration shall automatically become effective upon the expiration of the twentieth full business day following…
RCW 19.105.333 Signature of operator, trustee, or holder of power of attorney required on application documentation.
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Applications, consents to service, all affidavits required in connection with applications, and all final permits to market shall be signed by the operator, unless a trustee or power of attorney specifically granted such powers has signed on behalf of the operator. If a power of …
RCW 19.105.336 Availability of campgrounds to contract purchasers—Blanket encumbrances—Penalty for noncompliance.
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(1) With respect to every campground located within the state which was not made available to purchasers of camping resort contracts prior to June 20, 1988, and with respect to any new blanket encumbrance placed against any campground in this state or any prior blanket encumbranc…
RCW 19.105.340 Impounding proceeds from contract sales—Conditional release of impounded funds—Funds not subject to lien—No assignment of impounded or reserved assets.
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(1) If the director finds that the applicant or registrant has not by other means assured future availability to and quiet enjoyment of the campgrounds and facilities, as required under this chapter, the director may, notwithstanding the provisions of RCW 19.105.336, require impo…
RCW 19.105.345 Persons licensed under chapter 18.85 RCW exempt from salesperson registration requirements.
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Persons licensed under chapter 18.85 RCW are exempt from the camping resort salesperson registration requirements of this chapter for camping resort contracts offered through the licensed brokerage.[ 1988 c 159 s 9.]
RCW 19.105.350 Director may require reserve fund by order—Actions against a registration.
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(1) If the purchaser will own or acquire title to specified real property or improvements to be acquired by the camping resort, the director may by order require to the extent necessary to protect the interests of the purchasers or owners of camping resort contracts, that an appr…
RCW 19.105.360 Filing of sales literature, contract form, disclosure supplements.
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The camping resort operator or other registrant of offerings of camping resort contracts shall file with the director at least five business days prior to the first use thereof in the state of Washington (1) the proposed text of all advertisements and sales promotion literature, …
RCW 19.105.365 Advertising promises of free gifts, awards, or prizes—Provision of gift or substitute—Security arrangements after violation—Advance fees placed in trust—Membership referral programs considered promotional programs.
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(1) It is unlawful for a camping resort operator or other person, in connection with an advertisement or offer for sale of a camping resort contract in this state, to promise or offer a free gift, award, prize, or other item of value if the operator or person knows or has reason …
RCW 19.105.370 Purchaser to receive written disclosures from operator or department—Exemptions.
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Except in a transaction exempt under RCW 19.105.325, any operator who offers or sells camping resort contracts in this state shall provide the prospective purchaser with the written disclosures required to be filed under RCW 19.105.320(1)(b) in a form that is materially accurate …
RCW 19.105.380 Unprofessional conduct/disciplinary action—Grounds—Liability for administrative and legal costs—Assurances of discontinuance—Support order, noncompliance.
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(1) In addition to the unprofessional conduct in RCW 18.235.130, the director may take disciplinary action for the following conduct, acts, or conditions:(a) The applicant, registrant, or affiliate has failed to file copies of the camping resort contract form under RCW 19.105.360…
RCW 19.105.390 Resort contracts—Purchaser's cancellation—Notice—Statement of right to cancel.
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Any camping resort contract 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 camping resort operator at the address contained in the camping resort contract and if the notice is p…
RCW 19.105.400 Resort contracts—Voidable—Estoppel.
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Any camping resort contract entered into in violation of this chapter may be voided by the purchaser and the purchaser's entire consideration recovered at the option of the purchaser, but no suit under this section may be brought after two years from the date the contract is sign…
RCW 19.105.405 Purchaser lists—Authorized uses.
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(1) The legislature recognizes the proprietary interest camping resort operators have in purchaser lists. The legislature also recognizes that purchasers of camping resort contracts have a legitimate interest in being able to contact other resort purchasers for the purpose of for…
RCW 19.105.411 Fees.
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Applicants or registrants under this chapter shall pay fees determined by the director as provided in RCW 43.24.086. The fees shall be prepaid and the director may determine fees for the following activities or events:(1) A fee for the initial application and an additional fee fo…
RCW 19.105.420 Resort contracts—Registration, duration—Renewal, amendment—Renewal of prior permits.
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A registration of camping resort contracts shall be effective for a period of one year and may, upon application, be renewed for successive periods of one year each, unless the director prescribes a shorter period for a permit or registration. A camping resort contract registrati…
RCW 19.105.430 Unlawful to act as salesperson without registering—Exemptions.
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Unless the transaction is exempt under RCW 19.105.325, it is unlawful for any person to act as a camping resort salesperson in this state without first registering under this chapter as a salesperson or being licensed as a salesperson under chapter 18.85 RCW or a broker licensed …
RCW 19.105.440 Registration as salesperson—Application—Unprofessional conduct—Assurances of discontinuance—Renewal of registration—Support order, noncompliance.
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(1) A salesperson may apply for registration by filing in a complete and readable form with the director an application form provided by the director that includes the following:(a) A statement whether or not the applicant has been found to have engaged in any violation of any ac…
RCW 19.105.450 Investigations—Scope—Publishing information.
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The director may make such public or private investigations or may make such requests for information, within or without this state, as the director deems necessary to determine whether any registration should be granted, denied, suspended, or revoked, or a fine imposed, or wheth…
RCW 19.105.470 Cease and desist orders—Utilizing temporary order, injunction, restraining order, or writ of mandamus.
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(1) Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, any withdrawal of a camping resort property in violation of RCW 19.105.380(1)(o), or any rule, order, or per…
RCW 19.105.480 Violations—As gross misdemeanors—Statute of limitations.
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(1) Any person who willfully fails to register an offering of camping resort contracts under this chapter is guilty of a gross misdemeanor.(2) It is a gross misdemeanor for any person in connection with the offer or sale of any camping resort contracts willfully and knowingly:(a)…
RCW 19.105.490 Violations—Referral to attorney general or prosecuting attorney.
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The director may refer such evidence as may be available concerning violations of this chapter or of any rule or order under this chapter to the attorney general or the proper prosecuting attorney who may in his or her discretion, with or without such a reference, institute the a…
RCW 19.105.500 Violations—Application of consumer protection act.
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For the purposes of application of the consumer protection act, chapter 19.86 RCW, any material violation of the provisions of this chapter shall be construed to constitute an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce.…
RCW 19.105.510 Resort contracts—Nonapplicability of certain laws—County and city powers.
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Camping resort contracts registered under this chapter are exempt from the provisions of chapters 21.20 and * 58.19 RCW and any act in this state regulating the offer and sale of land developments, real estate cooperatives, or time shares. Nothing in this chapter prevents countie…
RCW 19.105.520 Unlawful to represent director's administrative approval as determination as to merits of resort—Penalty.
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(1) Neither the fact that an application for registration nor the written disclosures required by this chapter have been filed, nor the fact that a camping resort contract offering has been effectively registered or exempted, constitutes a finding by the director that the offerin…
RCW 19.105.530 Rules, forms, orders—Administration of chapter.
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(1) The director may make, amend, and repeal rules, forms, and orders when necessary to carry out the provisions of this chapter.(2) The director may appoint those persons within the department deemed necessary to administer this chapter. The director may delegate to such persons…
RCW 19.105.540 Administrative procedure act application.
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Chapter 34.05 RCW shall apply to any administrative procedures carried out by the director under this chapter unless otherwise provided in this chapter.[ 1982 c 69 s 26.]
RCW 19.105.550 Administration.
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This chapter shall be administered by the director of licensing.[ 1982 c 69 s 27.]
RCW 19.105.560 Uniform regulation of business and professions act.
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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 276.]Notes:Effective dates—2002 c 86: See note following RCW 18.08.340.Pa…
RCW 19.105.570 Military training or experience.
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An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.[ 2011 c 351 s 17.]
RCW 19.105.571 Spouses of military personnel—Registration.
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The director shall develop rules consistent with RCW 18.340.020 for the registration of spouses of military personnel.[ 2011 2nd sp.s. c 5 s 5.]Notes:Implementation—2011 2nd sp.s. c 5: See note following RCW 18.340.010.
RCW 19.105.910 Construction—Chapter as cumulative and nonexclusive.
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Except as specifically provided in RCW 19.105.510, the provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law.[ 1982 c 69 s 23.]
RCW 19.105.930 Effective date—1982 c 69.
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This act shall take effect on November 1, 1982.[ 1982 c 69 s 32.]
RCW 19.108.010 Definitions.
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Unless the context clearly requires otherwise, the definitions set forth in this section apply throughout this chapter.(1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic …
RCW 19.108.020 Remedies for misappropriation—Injunction, royalty.
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(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial …
RCW 19.108.030 Remedies for misappropriation—Damages.
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(1) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual…