Title 19 — Title 19 BUSINESS REGULATIONS—MISCELLANEOUS

If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or wilful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.[ 1981 c 286 s 4.]

In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering a…

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.[ 1981 c 2…

(1) This chapter displaces conflicting tort, restitutionary, and other law of this state pertaining to civil liability for misappropriation of a trade secret.(2) This chapter does not affect:(a) Contractual or other civil liability or relief that is not based upon misappropriatio…

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.[ 1981 c 286 s 8.]

This chapter may be known and cited as the uniform trade secrets act.[ 1981 c 286 s 9.]

This chapter takes effect on January 1, 1982, and does not apply to misappropriation occurring prior to the effective date.[ 1981 c 286 s 12.]

The legislature finds and declares that the widespread and unregulated sale of business opportunities has become a common area of investment problems and deceptive practices in the state of Washington. As a result, the provisions of this chapter are necessary to counteract the po…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Business opportunity" means the sale or lease of any product, equipment, supply, or service which is sold or leased to enable the purchaser to start a business; and:(…

(1) An offer to sell or offer to lease a business opportunity occurs in Washington when:(a) The offer is made in Washington; or(b) The purchaser resides in Washington at the time of the offer and the business opportunity is or will be located, in whole or in part, in the state of…

Nothing in this chapter applies to:(1) A radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium which accepts advertising in good faith without knowledge of its violation of any provision of this chap…

(1) Any person who proposes to sell or lease a business opportunity must register prior to advertising, soliciting, or making any offer, sale, or lease in this state.(2) Any person proposing to sell or lease a business opportunity must apply for registration by filing with the di…

The director shall charge and collect the fees specified by this section. All fees are nonrefundable and shall be deposited in the state treasury.(1) The registration fee is two hundred dollars.(2) The renewal fee is one hundred twenty-five dollars.(3) The amendment fee is thirty…

The seller shall provide the purchaser a written disclosure document at least forty-eight hours before the purchaser signs a business opportunity contract. The cover sheet of the disclosure document shall be entitled: "DISCLOSURES REQUIRED BY THE STATE OF WASHINGTON." The followi…

(1) Any person who violates RCW 19.110.050 or 19.110.070 is guilty of a gross misdemeanor.(2) Any person who knowingly violates RCW 19.110.050 or 19.110.070 is guilty of a class B felony punishable according to chapter 9A.20 RCW.(3) No indictment or information for a felony may b…

The director may, by rule or order:(1) Accept any disclosure document filed with agencies of the United States or any other state; or(2) Accept any disclosure document compiled in accordance with any rule or regulation of any agency of the United States or any other state; or(3) …

Every person who proposes to sell or lease a business opportunity in this state through any person acting on an agency basis in the common law sense shall file with the director, in such form as the director by rule prescribes, an irrevocable consent appointing the director or th…

(1) If the seller makes any guarantee described in RCW 19.110.020(1)(c), the seller shall have a surety bond issued by a surety company authorized to do business in Washington or a trust account with a licensed and insured bank or savings institution located in the state of Washi…

(1) Every business opportunity contract shall be in writing and shall be dated and signed by the purchaser.(2) The seller shall provide the purchaser with a copy of the completed contract at the time the purchaser signs the contract.(3) The seller may not receive any consideratio…

(1) It is unlawful for any person to:(a) Make any untrue or misleading statement of a material fact or to omit to state a material fact in connection with the offer, sale, or lease of any business opportunity in the state; or(b) Employ any device, scheme, or artifice to defraud; …

Any seller who violates any provision of this chapter is liable to the purchaser. The purchaser may sue for actual damages, or an injunction, or rescission, or other relief.In addition, the purchaser may sue for costs of suit, including a reasonable attorney's fee. The court may …

The director may make public or private investigations within or outside the state of Washington to determine whether any person has violated or is about to violate any provision of this chapter or any rule or order issued under this chapter. The director, or any officer designat…

(1) The director or authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed…

(1) The director may order any person to cease and desist from an act or practice if it appears that the person is violating or is about to violate any provision of this chapter or any rule or order issued under this chapter.(2) Reasonable notice of and opportunity for a hearing …

(1)(a) The attorney general, in the name of the state or the director, or the proper prosecuting attorney may bring an action to enjoin any person from violating any provision of this chapter. Upon proper showing, the superior court shall grant a permanent or temporary injunction…

Any violation of this chapter is declared to be an unfair act or practice or unfair method of competition in the conduct of trade or commerce for the purpose of application of the Consumer Protection Act, chapter 19.86 RCW.[ 1981 c 155 s 20.]

The director may make, amend, and repeal rules, forms, and orders as necessary to carry out the provisions of this chapter. The director may honor requests for interpretive opinions.[ 1981 c 155 s 17.]

The director shall appoint a competent person to administer this chapter. The director shall delegate to an administrator such powers, subject to the authority of the director, as may be necessary to carry out the provisions of this chapter. The administrator will hold office at …

The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law.[ 1981 c 155 s 19.]

This chapter may be known and cited as the Business Opportunity Fraud Act.[ 1981 c 155 s 22.]

This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1981.[ 1981 c 155 s 25.]

It is desired that there should be uniformity among the requirements of the several states. This chapter provides for the establishment of quality specifications for all liquid motor fuels, except aviation fuel, marine fuel, and liquefied petroleum gases, and establishes a sampli…

*** CHANGE IN 2026 *** (SEE 6269-S.SL) ***The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Alcohol fuel" means any alcohol made from a product other than petroleum or natural gas that is used alone or in combination …

(1) This chapter shall be administered by the director or his or her authorized agent. For the purpose of administering this chapter, for motor fuel except biodiesel fuel, the standards set forth in the Annual Book of ASTM Standards and supplements thereto, and revisions thereof,…

The director may:(1) Enforce and administer this chapter by inspections, analyses, and other appropriate actions;(2) Have access during normal business hours to all places where motor fuels are marketed for the purpose of examination, inspection, taking of samples, and investigat…

All motor fuel shall be registered by the name, brand, or trademark under which it will be sold at the terminal. Registration shall include:(1) The name and address of the person registering the motor fuel;(2) The antiknock index or cetane number, as appropriate, at which the mot…

It is unlawful to:(1) Market motor fuels in any manner that may deceive or tend to deceive the purchaser as to the nature, price, quantity, and quality of a motor fuel;(2) Fail to register a motor fuel;(3) Submit incorrect, misleading, or false information regarding the registrat…

(1)(a) Any person who knowingly violates any provision of this chapter or rules adopted under it is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars or imprisonment for up to three hundred sixty-four days, or both.(b)…

The director may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any provision of this chapter.[ 1990 c 102 s 8.]

This chapter is in addition to any requirements under chapter 19.94 RCW.[ 1990 c 102 s 9.]

The directors of the departments of ecology and agriculture may grant a variance from ASTM motor fuel specifications if necessary to produce lower emission motor fuels.[ 1991 c 199 s 231.]Notes:Finding—1991 c 199: See note following RCW 70A.15.1005.Effective dates—1991 c 199: See…

Methyl tertiary-butyl ether may not be intentionally added to any gasoline, motor fuel, or clean fuel produced for sale or use in the state of Washington after December 31, 2003. In no event may methyl tertiary-butyl ether be knowingly mixed in gasoline above fifteen one-hundredt…

(1) Special fuel licensees under chapter 82.38 RCW, as determined by the department of licensing, must provide evidence to the department of licensing that at least two percent of the total annual diesel fuel sold in Washington is biodiesel or renewable diesel fuel, following the…

(1) By December 1, 2008, motor vehicle fuel licensees under chapter 82.38 RCW, as determined by the department of licensing, must provide evidence to the department of licensing that at least two percent of total gasoline sold in Washington, measured on a quarterly basis, is dena…

The department of licensing shall not publicly release, unless pursuant to an order of a court of competent jurisdiction, information submitted as evidence as required by RCW 19.112.110 or 19.112.120, except information disclosed in aggregate form that does not permit the identif…

(1) The director shall adopt rules for maintaining standards for biodiesel fuel or fuel blended with biodiesel fuel by adopting all or part of the standards set forth in the Annual Book of ASTM Standards and supplements, amendments, or revisions thereof, all or part of the standa…

The director shall establish a biofuels advisory committee to advise the director on implementing or suspending the minimum renewable fuel content requirements. The committee shall advise the director on applicability to all users; logistical, technical, and economic issues of im…

The governor, by executive order, may suspend all or portions of the minimum renewable fuel content requirements in RCW 19.112.110 or 19.112.120, or 43.19.642, based on a determination that such requirements are temporarily technically or economically infeasible, or pose a signif…

(1) By November 30, 2008, the director shall determine whether the state's diesel fuel supply is comprised of at least ten percent biodiesel made predominantly from Washington feedstock.(2) By November 30, 2008, the director shall determine whether the state's gasoline fuel suppl…

(1) If either or both of the goals in RCW 19.112.170 are not achieved by November 30, 2008, the director shall monitor the state's diesel and gasoline fuel supply until such time as those goals, or either of them, is met.(2) The director shall report to the governor and the legis…