title: RCW 19.122.030

text:
(1)(a) Unless exempted under RCW 19.122.031, before commencing any excavation, an excavator must mark the boundary of the excavation area with white lining or, when necessary, white pin flags, applied on the ground of the worksite, then provide notice of the scheduled commencement of excavation to all facility operators through a one-number locator service. An excavator shall provide the work-to-begin date in the notice provided to the one-number locator service.
(b) If boundary marking required by (a) of this subsection is infeasible, an excavator must provide notice electronically to a one-number locator service.
(c) An excavator may use a third-party entity, including a general contractor, to provide the required notice of the scheduled commencement of excavation to all facility operators through a one-number locator service as required in this subsection. An excavator that uses a third-party entity to provide such required notice retains all legal duties and responsibilities for compliance with this chapter.
(d) Excavators and facility operators are encouraged to incorporate best practices for underground damage prevention, improve worker safety, protect vital underground infrastructure, and ensure public safety during excavation activities conducted in the vicinity of existing underground facilities.
(2) An excavator must provide the notice required by subsection (1) of this section to a one-number locator service not less than two full business days and not more than 10 full business days before the scheduled work-to-begin date, unless otherwise agreed by the excavator and facility operators in writing. If an excavator intends to work at multiple sites or at a large project, the excavator must take reasonable steps to confer with facility operators to enable them to locate underground facilities reasonably in advance of the start of excavation for each phase of the work.
(3) Upon receipt of the notice provided for in subsection (1) of this section, a facility operator must, with respect to:
(a)(i) The facility operator's locatable underground facilities, provide the excavator with reasonably accurate information by marking facility location. Hazardous liquid and gas pipeline operators are required to locate all facilities in accordance with Title 49 C.F.R. Secs. 195.442(c)(4) through (6) and 192.614(c)(4) through (6) as they existed on July 27, 2025, or such subsequent date as may be provided by the commission by rule, consistent with the purpose of this section. This information must be provided free of charge subject to the limitations in subsections (6)(b) and (8) of this section, and the grant of authority in subsection (11) of this section;
(ii) In the event of force majeure, the facility operator's deadline to mark underground facilities as provided in subsection (4)(a) of this section, must be extended by an agreement in writing between the affected parties. The facility operator shall notify the excavator of the need for extension of the deadline as soon as reasonable, but no later than the expiration of the deadline established in subsection (4)(a) of this section;
(b) The facility operator's unlocatable or identified but unlocatable underground facilities, provide the excavator with available information as to their location prior to the work-to-begin date provided in the notice under subsection (1) of this section. For any gas or hazardous liquid pipeline, locate all facilities in accordance with Title 49 C.F.R. Secs. 195.442(c)(4) through (6) and 192.614(c)(4) through (6) as they existed on July 27, 2025, or such subsequent date as may be provided by the commission by rule, consistent with the purpose of this section; and
(c) Service laterals, designate their presence or location, if the service laterals:
(i) Connect end users to the facility operator's main utility line; and
(ii) Are within a public right-of-way or utility easement and the boundary of the excavation area identified under subsection (1) of this section.
(4)(a) A facility operator must provide information to an excavator pursuant to subsection (3) of this section no later than the work-to-begin date on the notice provided for in subsections (1) and (2) of this section, unless otherwise agreed by written agreement between the facility operator and excavator.
(b) A facility operator complying with subsection (3)(b) and (c) of this section may do so in a manner that includes any of the following methods:
(i) Placing within a proposed excavation area a triangular mark at the main utility line pointing at the building, structure, or property in question, indicating the presence of an unlocatable or identified but unlocatable underground facility, including a service lateral;
(ii) Arranging to meet an excavator at a worksite to provide available information about the location of service laterals; or
(iii) Providing copies of the best reasonably available records by electronic message, mail, facsimile, or other delivery method.
(c) A facility operator's good faith attempt to comply with subsection (3)(b) and (c) of this section:
(i) Constitutes full compliance with the requirements of this section, and no person may be found liable for damages or injuries that may result from such compliance, apart from liability for arranging for repairs or relocation as provided in RCW 19.122.050(2); and
(ii) Does not constitute any assertion of ownership or operation of a service lateral by the facility operator.
(d) An end user is responsible for determining the location of a service lateral on their property or a service lateral that they own. An end user is responsible for locating on their own property the underground facilities that they own. The one-number locator service shall maintain a list of private-line locate service providers who may be hired at the cost of the end user for the location of service laterals. Nothing in this section may be interpreted to require an end user to subscribe to a one-number locator service or to locate a service lateral within a right-of-way or utility easement.
(e) Facility operators may direct the one-number locator service to send notices provided for in subsection (1) of this section to a contract locator. The facility operator retains all legal responsibility for compliance with this section.
(5) An excavator must not excavate until all known facility operators have marked their locatable underground facilities or, in the case of nonhazardous liquid or nongas pipeline facilities, provided information regarding their unlocatable underground facilities as provided in this section. On and after January 1, 2026, an excavator may not commence excavation until the excavator has received positive response from all operators with underground facilities in the area identified in the notice.
(6)(a) Once marked by a facility operator, an excavator is responsible for maintaining the accuracy of the facility operator's markings of underground facilities for the lesser of:
(i) Forty-five calendar days from the date that the excavator provided notice to a one-number locator service pursuant to subsection (1) of this section; or
(ii) The duration of the excavation portion of the project.
(b) An excavator that makes repeated requests for location of underground facilities due to its failure to maintain the accuracy of a facility operator's markings as required by this subsection (6) may be charged by the facility operator for services provided.
(c) A facility operator's markings of underground utilities expire forty-five calendar days from the date that the excavator provided notice to a one-number locator service pursuant to subsection (1) of this section. For excavation occurring after that date, an excavator must provide additional notice to a one-number locator service pursuant to subsection (1) of this section.
(7) An excavator has the right to receive reasonable compensation from a facility operator for costs incurred by the excavator if the facility operator does not locate its underground facilities in accordance with the requirements specified in this section.
(8) A facility operator has the right to receive reasonable compensation from an excavator for costs incurred by the facility operator if the excavator does not comply with the requirements specified in this section.
(9) A facility operator is not required to comply with subsection (4) of this section with respect to service laterals conveying only water if their presence can be determined from other visible water facilities, such as water meters, water valve covers, and junction boxes in or adjacent to the boundary of an excavation area identified under subsection (1) of this section.
(10) If an excavator discovers underground facilities that are not identified, the excavator must cease excavating in the vicinity of the underground facilities and immediately notify the facility operator through a one-number locator service. If an excavator discovers identified but unlocatable underground facilities, the excavator must notify the facility operator through a one-number locator service. Upon notification by a one-number locator service or an excavator, a facility operator must allow for location of the uncovered portion of an underground facility identified by the excavator, and may accept location information from the excavator for marking of the underground facility.
(11) Each facility operator shall provide to a one-number locator service directions on how a requestor may obtain, for design locating, information regarding the location of underground facilities. For the purpose of this subsection, a "requestor" is any person seeking the location of underground facilities for design locating. Facility operators may attach fees for design locating. However, the fees under this subsection may not be imposed on the department of transportation.
(12) Design locating is required whenever any individual applies for a development permit of any type within 700 feet of a transmission pipeline.
(a) Prior to any activity that involves grade modification, excavation, or additional loading of the soil on property within 700 feet of a transmission pipeline, the requestor must contact the transmission pipeline operator and provide documentation detailing the proposed activity.
(b) The transmission pipeline operator must respond to the requestor within 30 days to confirm a review of the documents describing the proposed activity and indicate any potential impacts from the activity on the transmission line.
(c) If after 30 days, the transmission pipeline operator does not respond to the requestor, then development activity may resume without violation.
(13) Except as provided in subsections (6)(b), (8), and (11) of this section, facility operators are prohibited from charging a fee for locating and marking their underground facilities.
(14) Nothing in this section limits a facility operator regulated by the commission from seeking recovery of costs for locating and marking its underground facilities as part of rates.
[ 2025 c 292 s 4; 2011 c 263 s 4; 2000 c 191 s 17; 1988 c 99 s 1; 1984 c 144 s 3.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902.
Damages to facilities on state highways: RCW 47.44.150.

catchline: Excavator and facility operator duties before excavation.


doc_type: statute

jurisdiction: wa

title: RCW 19.122.031

text:
(1) The requirements specified in RCW 19.122.030 do not apply to any of the following activities:
(a) An emergency excavation, but only with respect to white lining and notice requirements specified in RCW 19.122.030 (1) and (2), and provided that the excavator provides notice to a one-number locator service at the earliest practicable opportunity. Facility operators must promptly respond to a notice of emergency excavation. Prompt means to dispatch locating personnel without undue delay;
(b) An excavation of less than twelve inches in depth on private noncommercial property, if the excavation is performed by the person or an employee of the person who owns or occupies the property on which the excavation is being performed;
(c) The tilling of soil for agricultural purposes less than:
(i) Twelve inches in depth within a utility easement; and
(ii) Twenty inches in depth outside of a utility easement;
(d) The replacement of an official traffic sign installed prior to January 1, 2013, no deeper than the depth at which it was installed;
(e) Road maintenance activities involving excavation less than six inches in depth below the original road grade and ditch maintenance activities involving excavation less than six inches in depth below the original ditch flowline, or alteration of the original ditch horizontal alignment;
(f) The creation of bar holes less than twelve inches in depth, or of any depth during emergency leak investigations, provided that the excavator takes reasonable measures to eliminate electrical arc hazards;
(g) Construction, operation, or maintenance activities by an irrigation district on rights-of-way, easements, or facilities owned by the federal bureau of reclamation in federal reclamation projects; or
(h) Any facility operator using safe and careful work methods to physically expose an unlocatable facility in response to a one-call notification.
(2) Any activity described in subsection (1) of this section is subject to the requirements specified in RCW 19.122.050.
[ 2025 c 292 s 5; 2011 c 263 s 5.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Exempted activities.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 19.122.033

text:
(1) Before commencing any excavation, an excavator must notify pipeline companies of the scheduled commencement of excavation through a one-number locator service in the same manner as required for notifying facility operators of excavation under RCW 19.122.030. Pipeline companies have the same rights and responsibilities as facility operators under RCW 19.122.030 regarding excavation. Excavators have the same rights and responsibilities under this section as they have under RCW 19.122.030.
(2) Project owners, excavators, and pipeline companies have the same rights and responsibilities relating to excavation near pipelines that they have for excavation near underground facilities as provided in RCW 19.122.040.
(3) The state, and any subdivision or instrumentality of the state, including any unit of local government, must, when planning construction or excavation within one hundred feet, or greater distance if required by local ordinance, of a right-of-way or utility easement containing a transmission pipeline, notify the pipeline company of the scheduled commencement of work.
(4) Any unit of local government that issues permits under codes adopted pursuant to chapter 19.27 RCW must, when permitting construction or excavation within one hundred feet, or greater distance if required by local ordinance, of a right-of-way or utility easement containing a transmission pipeline:
(a) Notify the pipeline company of the permitted activity when it issues the permit; or
(b) Require, as a condition of issuing the permit, that the applicant consult with the pipeline company.
(5) The commission must assist local governments in obtaining hazardous liquid and gas pipeline location information and maps, as provided in RCW 81.88.080.
[ 2011 c 263 s 6; 2000 c 191 s 18.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902.

catchline: Notice of excavation to pipeline companies.


title: RCW 19.122.035

text:
(1) After a pipeline company has been notified by an excavator pursuant to RCW 19.122.033 that excavation will uncover any portion of the pipeline company's pipeline, the pipeline company shall ensure that the pipeline section in the vicinity of the excavation is examined for damage prior to being reburied.
(2) Immediately upon receiving information of third-party damage to a hazardous liquid pipeline, the company that operates the pipeline shall terminate the flow of hazardous liquid in that pipeline until it has visually inspected the pipeline. After visual inspection, the pipeline company shall determine whether the damaged pipeline section should be replaced or repaired, or whether it is safe to resume pipeline operation. Immediately upon receiving information of third-party damage to a gas pipeline, the pipeline company shall conduct a visual inspection of the pipeline to determine whether the flow of gas through that pipeline should be terminated, and whether the damaged pipeline should be replaced or repaired. A record of the pipeline company's inspection report and test results shall be provided to the commission, consistent with reporting requirements under 49 C.F.R. Parts 191 and 195, Subpart B.
(3) Pipeline companies shall immediately notify local first responders and the department of ecology of any reportable release of a hazardous liquid from a pipeline. Pipeline companies shall immediately notify local first responders and the commission of any blowing gas leak from a gas pipeline that has ignited or represents a probable hazard to persons or property. Pipeline companies shall take all appropriate steps to ensure the public safety in the event of a release of hazardous liquid or gas under this subsection.
(4) No damaged pipeline may be buried until it is repaired or relocated. The pipeline company shall arrange for repairs or relocation of a damaged pipeline as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.
[ 2011 c 263 s 7; 2000 c 191 s 19.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902.

catchline: Pipeline company duties after notice of excavation—Examination—Information of damage—Notification of local first responders.


title: RCW 19.122.040

text:
(1) Project owners shall indicate in bid or contract documents the existence of underground facilities known by the project owner to be located within the proposed area of excavation. The following are deemed to be changed or differing site conditions:
(a) An underground facility not identified as required by this chapter or other provision of law; or
(b) An underground facility not located, as required by this chapter or other provision of law, by the project owner, facility operator, or excavator if the project owner or excavator is also a facility operator.
(2) An excavator shall use reasonable care to avoid damaging underground facilities. An excavator must:
(a) Determine the precise location of underground facilities which have been marked pursuant to RCW 19.122.030;
(b) Plan the excavation to avoid damage to or minimize interference with underground facilities in and near the excavation area;
(c) Provide such support for underground facilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such facilities;
(d) Use safe and careful work methods, taking into consideration the known and unknown underground facilities and the surface and subsurface to be excavated. If the marking is on a hard surface, methods of excavation may include pneumatic hand tools or other excavation methods that are commonly accepted as permissible for the type of surface encountered; and
(e) When directional boring will be implemented as a method of underground excavation, supplement white lining with physical exposure to avoid blind boring.
(3) If an underground facility is damaged and such damage is the consequence of the failure to fulfill an obligation under this chapter, the party failing to perform that obligation is liable for any damages. Any clause in an excavation contract which attempts to allocate liability, or requires indemnification to shift the economic consequences of liability, that differs from the provisions of this chapter is against public policy and unenforceable. Nothing in this chapter prevents the parties to an excavation contract from contracting with respect to the allocation of risk for changed or differing site conditions.
(4) In any action brought under this section, the prevailing party is entitled to reasonable attorneys' fees.
[ 2025 c 292 s 6; 2011 c 263 s 8; 1984 c 144 s 4.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Underground facilities identified in bid or contract—Excavator's duty of reasonable care—Liability for damages—Attorneys' fees.


title: RCW 19.122.045

text:
Excavators who comply with the requirements of this chapter are not liable for any damages arising from contact or damage to an underground fiber optics facility other than the cost to repair the facility.
[ 1988 c 99 s 2.]

catchline: Exemption from liability.


title: RCW 19.122.050

text:
(1) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the facility operator directly, if the facility operator is known, and a one-number locator service, and report the damage as required under RCW 19.122.053. If the damage causes an emergency condition, the excavator causing the damage shall also call 911 to alert the appropriate local public safety agencies and take all appropriate steps to ensure the public safety. No damaged underground facility may be buried until it is repaired or relocated.
(2) A facility operator notified in accordance with subsection (1) of this section shall arrange for repairs or relocation as soon as is practical, or permit the excavator to do necessary repairs or relocation at a mutually acceptable price.
[ 2025 c 292 s 7; 2020 c 162 s 2; 2011 c 263 s 9; 1984 c 144 s 5.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Damage to underground facility—Notification by excavator—Repairs or relocation of facility.


title: RCW 19.122.053

text:
(1) Facility operators and excavators who observe or cause damage to an underground facility must report the damage event to the commission.
(2) A nonpipeline facility operator conducting an excavation, or a subcontractor conducting an excavation on the facility operator's behalf, that strikes the facility operator's own underground facility is not required to report that damage event to the commission.
(3) Reports must be made to the commission's office of pipeline safety within forty-five days of the damage event, or sooner if required by law, using the commission's virtual private damage information reporting tool (DIRT) report form, or other similar form if it reports:
(a) The name of the person submitting the report and whether the person is an excavator, a representative of a one-number locator service, or a facility operator;
(b) The date and time of the damage event;
(c) The address where the damage event occurred;
(d) The type of right-of-way, where the damage event occurred, including but not limited to city street, state highway, or utility easement;
(e) The type of underground facility damaged, including but not limited to pipes, transmission pipelines, distribution lines, sewers, conduits, cables, valves, lines, wires, manholes, attachments, or parts of poles or anchors below ground;
(f) The type of utility service or commodity the underground facility stores or conveys, including but not limited to electronic, telephonic or telegraphic communications, water, sewage, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances;
(g) The type of excavator involved, including but not limited to contractors or facility operators;
(h) The excavation equipment used, including but not limited to augers, bulldozers, backhoes, or hand tools;
(i) The type of excavation being performed, including but not limited to drainage, grading, or landscaping;
(j) Whether a one-number locator service was notified before excavation commenced, and, if so, the excavation confirmation code provided by a one-number locator service;
(k) If applicable:
(i) The person who located the underground facility, and their employer;
(ii) Whether underground facility marks were visible in the proposed excavation area before excavation commenced;
(iii) Whether underground facilities were marked correctly;
(l) Whether an excavator experienced interruption of work as a result of the damage event;
(m) A description of the damage; and
(n) Whether the damage caused an interruption of underground facility service.
(4) The commission must use reported data to evaluate the effectiveness of the damage prevention program.
[ 2011 c 263 s 20.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Report of damage to underground facility.


title: RCW 19.122.055

text:
(1)(a) Any excavator who violates any provision of this chapter and causes damage to a hazardous liquid or gas underground facility is subject to a civil penalty of not more than $25,000 for each violation.
(b) The civil penalty in this subsection may also be imposed on any excavator who violates RCW 19.122.090.
(2) Any hazardous liquid or gas pipeline operator who (a): (i) Fails to accurately locate the underground facility as required under RCW 19.122.030 (3) and (4); or (ii) fails to mark its underground facilities as required under RCW 19.122.030(1), and (b) whose underground facility is damaged as a result of the failure in (a) of this subsection is subject to a civil penalty of not more than $25,000 for each violation.
(3) A civil penalty of up to $5,000 for each violation may be imposed on any excavator or facility operator that violates any provision of this chapter involving an underground pipeline facility, but does not cause damage to an underground pipeline facility.
(4) All civil penalties recovered under this section must be deposited into the damage prevention account created in RCW 19.122.160.
[ 2025 c 292 s 8; 2011 c 263 s 10; 2005 c 448 s 3; 2001 c 238 s 5; 2000 c 191 s 24.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Intent—Finding—Effective date—2001 c 238: See notes following RCW 80.24.060.
Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902.

catchline: Damage to hazardous liquid or gas underground facilities—Civil penalty.


title: RCW 19.122.070

text:
(1) Any person who violates any provision of this chapter not amounting to a violation of RCW 19.122.055 is subject to a civil penalty of not more than one thousand dollars for an initial violation, and not more than five thousand dollars for each subsequent violation within a three-year period. All penalties recovered in such actions must be deposited in the damage prevention account created in RCW 19.122.160.
(2) Any excavator who willfully or maliciously damages a marked underground facility is liable for treble the costs incurred in repairing or relocating the facility. In those cases in which an excavator fails to notify known facility operators or a one-number locator service, any damage to the underground facility is deemed willful and malicious and is subject to treble damages for costs incurred in repairing or relocating the facility.
(3) This chapter does not affect any civil remedies for personal injury or for property damage, including that to underground facilities, nor does this chapter create any new civil remedies for such damage.
[ 2011 c 263 s 11; 2005 c 448 s 4; 1984 c 144 s 7.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Damages to facilities on state highways: RCW 47.44.150.

catchline: Civil penalties—Treble damages—Existing remedies not affected.


title: RCW 19.122.075

text:
Any person who willfully damages or removes a permanent marking used to identify an underground facility or pipeline, or a temporary marking prior to its intended use, is subject to a civil penalty of not more than one thousand dollars for an initial violation, and not more than five thousand dollars for each subsequent violation within a three-year period.
[ 2011 c 263 s 14; 2000 c 191 s 23.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902.

catchline: Damage or removal of permanent marking—Civil penalty.


title: RCW 19.122.080

text:
The notification and marking provisions of this chapter may be waived for one or more designated persons by a facility operator with respect to all or part of that facility operator's underground facilities.
[ 2011 c 263 s 15; 1984 c 144 s 8.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Waiver of notification and marking requirements.


title: RCW 19.122.090

text:
(1) Any excavator who excavates, without an excavation confirmation code when required under this chapter, within 35 feet of a transmission pipeline is guilty of a misdemeanor.
(2) Any excavator who excavates within 35 feet of a transmission pipeline, prior to the work-to-begin date on the notice when required under this chapter, is guilty of a misdemeanor.
(3) Any excavator who excavates within 35 feet of a transmission pipeline, prior to receiving positive response from the facility operator of the transmission pipeline when required under this chapter, is guilty of a misdemeanor.
[ 2025 c 292 s 9; 2005 c 448 s 5.]

catchline: Excavation without an excavation confirmation code—Penalty.


title: RCW 19.122.100

text:
If charged with a violation of RCW 19.122.090, an equipment operator is deemed to have established an affirmative defense to such charges if:
(1) The equipment operator was provided an excavation confirmation code;
(2) The excavation was performed in an emergency situation;
(3) The equipment operator was provided a false confirmation code by an identifiable third party; or
(4) Notice of the excavation was not required under this chapter.
[ 2025 c 292 s 10; 2011 c 263 s 16; 2005 c 448 s 6.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Violation of RCW 19.122.090—Affirmative defense.


title: RCW 19.122.110

text:
Any person who intentionally provides an equipment operator with a false excavation confirmation code is guilty of a misdemeanor.
[ 2011 c 263 s 17; 2005 c 448 s 7.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: False excavation confirmation code—Penalty.


title: RCW 19.122.120

text:
Upon receipt, during normal business hours, of notice of an intended excavation, the one-number locator service shall provide an excavation confirmation code.
[ 2005 c 448 s 8.]

catchline: One-number locator service to provide excavation confirmation code.


title: RCW 19.122.130

text:
(1) The commission must contract with a statewide, nonprofit entity whose purpose is to reduce damages to underground and above ground facilities, promote safe excavation practices, and review complaints of alleged violations of this chapter. The contract must not obligate funding by the commission for activities performed by the nonprofit entity or the safety committee under this section.
(2) The contracting entity must create a safety committee to:
(a) Advise the commission and other state agencies, the legislature, and local governments on best practices and training to prevent damage to underground utilities, and policies to enhance worker and public safety; and
(b) Review complaints alleging violations of this chapter involving practices related to underground facilities.
(3)(a) The safety committee will consist of thirteen members, who must be nominated by represented groups and appointed by the contracting entity to staggered three-year terms. The safety committee must include representatives of:
(i) Local governments;
(ii) A natural gas utility subject to regulation under Titles 80 and 81 RCW;
(iii) Contractors;
(iv) Excavators;
(v) An electric utility subject to regulation under Title 80 RCW;
(vi) A consumer-owned utility, as defined in RCW 19.27A.140;
(vii) A pipeline company;
(viii) A water-sewer district subject to regulation under Title 57 RCW;
(ix) The commission;
(x) A telecommunications company; and
(xi) A labor organization that historically represents workers who perform underground utility or excavation work.
(b) The safety committee may pass bylaws and provide for those organizational processes that are necessary to complete the safety committee's tasks.
(4) The safety committee must meet at least once every three months.
(5) The safety committee may review complaints of alleged violations of this chapter involving practices related to underground facilities, except for those complaints relating to damage to pipeline facilities or which involve violations of RCW 19.122.075 or 19.122.090. Any person may bring a complaint to the safety committee regarding an alleged violation occurring on or after January 1, 2013.
(6) To review complaints of alleged violations, the safety committee must first receive sufficient evidence that a probable violation occurred. Once sufficient evidence has been received, the safety committee must appoint at least three and not more than five members as a review committee. The review committee must be a balanced group, including at least one excavator and one facility operator.
(7) Before reviewing a complaint alleging a violation of this chapter, the review committee must provide all complaint forms, materials, and supporting evidence that will be presented or used by the person or company making the complaint, to the alleged violator no less than 30 days prior to the scheduled date of review. Both parties must be notified of the review and be provided the opportunity to participate.
(8) The safety committee may provide written notification to the commission, with supporting documentation, that a person has likely committed a violation of this chapter, and recommend remedial action that may include a penalty amount, training, or education to improve public safety, or some combination thereof.
[ 2025 c 292 s 11; 2020 c 162 s 3; 2017 c 20 s 1; 2012 c 96 s 1; 2011 c 263 s 18.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Commission to contract with nonprofit entity—Safety committee—Review of violations of chapter.


title: RCW 19.122.140

text:
(1) The commission may enforce the civil penalties authorized in RCW 19.122.070 or 19.122.075 when it receives written notification from the safety committee created under RCW 19.122.130 indicating that a violation of this chapter has likely been committed by a person subject to regulation by the commission, or involving the underground facilities of such a person.
(2) If the commission receives written notification from the safety committee pursuant to RCW 19.122.130 that a violation of this chapter has likely been committed by a person who is not subject to regulation by the commission, and in which the underground facility involved is also not subject to regulation by the commission, the commission may refer the matter to the attorney general for enforcement of a civil penalty under RCW 19.122.070 or 19.122.075. The commission must provide funding for such enforcement. However, any costs and fees recovered by the attorney general pursuant to subsection (3) of this section must be deposited by the commission in the fund that paid for such enforcement.
(3) In a matter referred to it by the commission pursuant to subsection (2) of this section, the attorney general may bring an action to enforce the penalties authorized in RCW 19.122.070 or 19.122.075. In such an action, the court may award the state all costs of investigation and trial, including a reasonable attorneys' fee fixed by the court.
[ 2017 c 20 s 2; 2011 c 263 s 19.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Commission authority—Receipt of notification of violation of chapter—Referral to attorney general.


title: RCW 19.122.150

text:
(1) The commission may investigate and enforce violations of any provision of this chapter relating to pipeline facilities without initial referral to the safety committee created under RCW 19.122.130.
(2) If the commission's investigation of notifications received pursuant to RCW 19.122.140 or subsection (1) of this section substantiates violations of this chapter, the commission may impose penalties authorized by RCW 19.122.055, 19.122.070, 19.122.075, and 19.122.090, and require training, education, or any combination thereof.
(3) With respect to referrals from the safety committee, the commission must consider any recommendation by the committee regarding enforcement and remedial actions involving an alleged violator.
(4) In an action to impose a penalty initiated by the commission under subsection (1) or (2) of this section, the penalty is due and payable when the person incurring the penalty receives a notice of penalty in writing from the commission describing the violation and advising the person that the penalty is due. The person incurring the penalty has fifteen days from the date the person receives the notice of penalty to file with the commission a request for mitigation or a request for a hearing. The commission must include this time limit information in the notice of penalty. After receiving a timely request for mitigation or hearing, the commission must suspend collection of the penalty until it issues a final order concerning the penalty or mitigation of that penalty. A person aggrieved by the commission's final order may seek judicial review, subject to provisions of the administrative procedure act, chapter 34.05 RCW.
(5) If a penalty imposed by the commission is not paid, the attorney general may, on the commission's behalf, file a civil action in superior court to collect the penalty.
[ 2025 c 292 s 12; 2017 c 20 s 3; 2011 c 263 s 21.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Commission authority—Violations of chapter—Imposition of penalties.


title: RCW 19.122.160

text:
The damage prevention account is created in the custody of the state treasurer. All receipts from moneys directed by law or the commission to be deposited to the account must be deposited in the account. Expenditures from the account may be used only for purposes designated in RCW 19.122.170. Only the commission or the commission's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW.
[ 2011 c 263 s 12.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Damage prevention account.


title: RCW 19.122.170

text:
The commission may use money deposited in the damage prevention account created in RCW 19.122.160 to:
(1) Develop and disseminate educational programming designed to improve worker and public safety relating to excavation and underground facilities; and
(2) Provide grants to persons who have developed educational programming that the commission and the safety committee created pursuant to RCW 19.122.130 deem appropriate for improving worker and public safety relating to excavation and underground facilities.
[ 2011 c 263 s 13.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Damage prevention account—Use of funds.


title: RCW 19.122.180

text:
All penalties collected pursuant to RCW 19.122.150 must be deposited in the damage prevention account created in RCW 19.122.160.
[ 2011 c 263 s 22.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Damage prevention account—Deposit of penalties.


title: RCW 19.122.901

text:
This act may be known and cited as the underground utility damage prevention act.
[ 2011 c 263 s 25.]
Notes:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

catchline: Short title—2011 c 263.


title: RCW 19.126.010

text:
(1) The legislature recognizes that both suppliers and wholesale distributors of malt beverages and spirits are interested in the goal of best serving the public interest through the fair, efficient, and competitive distribution of such beverages. The legislature encourages them to achieve this goal by:
(a) Assuring the wholesale distributor's freedom to manage the business enterprise, including the wholesale distributor's right to independently establish its selling prices; and
(b) Assuring the supplier and the public of service from wholesale distributors who will devote their best competitive efforts and resources to sales and distribution of the supplier's products which the wholesale distributor has been granted the right to sell and distribute.
(2) This chapter governs the relationship between suppliers of malt beverages and spirits and their wholesale distributors to the full extent consistent with the Constitution and laws of this state and of the United States.
[ 2012 c 2 s 212 (Initiative Measure No. 1183, approved November 8, 2011); 2003 c 59 s 1; 1984 c 169 s 1.]
Notes:
Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.
Effective date—2003 c 59: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 17, 2003]." [ 2003 c 59 s 3.]

catchline: Purpose.


title: RCW 19.126.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agreement of distributorship" means any contract, agreement, commercial relationship, license, association, or any other arrangement, for a definite or indefinite period, between a supplier and distributor.
(2) "Authorized representative" has the same meaning as "authorized representative" as defined in RCW 66.04.010.
(3) "Brand" means any word, name, group of letters, symbol, or combination thereof, including the name of the distiller or brewer if the distiller's or brewer's name is also a significant part of the product name, adopted and used by a supplier to identify specific spirits or a specific malt beverage product and to distinguish that product from other spirits or malt beverages produced by that supplier or other suppliers.
(4) "Distributor" means any person, including but not limited to a component of a supplier's distribution system constituted as an independent business, importing or causing to be imported into this state, or purchasing or causing to be purchased within this state, any spirits or malt beverages for sale or resale to retailers licensed under the laws of this state, regardless of whether the business of such person is conducted under the terms of any agreement with a distiller or malt beverage manufacturer.
(5) "Importer" means any distributor importing spirits or beer into this state for sale to retailer accounts or for sale to other distributors designated as "subjobbers" for resale.
(6) "Malt beverage manufacturer" means every brewer, fermenter, processor, bottler, or packager of malt beverages located within or outside this state, or any other person, whether located within or outside this state, who enters into an agreement of distributorship for the resale of malt beverages in this state with any wholesale distributor doing business in the state of Washington.
(7) "Person" means any natural person, corporation, partnership, trust, agency, or other entity, as well as any individual officers, directors, or other persons in active control of the activities of such entity.
(8) "Spirits manufacturer" means every distiller, processor, bottler, or packager of spirits located within or outside this state, or any other person, whether located within or outside this state, who enters into an agreement of distributorship for the resale of spirits in this state with any wholesale distributor doing business in the state of Washington.
(9) "Successor distributor" means any distributor who enters into an agreement, whether oral or written, to distribute a brand of spirits or malt beverages after the supplier with whom such agreement is made or the person from whom that supplier acquired the right to manufacture or distribute the brand has terminated, canceled, or failed to renew an agreement of distributorship, whether oral or written, with another distributor to distribute that same brand of spirits or malt beverages.
(10) "Supplier" means any spirits or malt beverage manufacturer or importer who enters into or is a party to any agreement of distributorship with a wholesale distributor. "Supplier" does not include: (a) Any distiller licensed under RCW 66.24.140 or 66.24.145 and producing less than one hundred fifty thousand proof gallons of spirits annually or any brewery or microbrewery licensed under RCW 66.24.240 and producing less than two hundred thousand barrels of malt liquor annually; (b) any brewer or manufacturer of malt liquor producing less than two hundred thousand barrels of malt liquor annually and holding a certificate of approval issued under RCW 66.24.270; or (c) any authorized representative of distillers or malt liquor manufacturers who holds an appointment from one or more distillers or malt liquor manufacturers which, in the aggregate, produce less than two hundred thousand barrels of malt liquor or one hundred fifty thousand proof gallons of spirits.
(11) "Terminated distribution rights" means distribution rights with respect to a brand of malt beverages which are lost by a terminated distributor as a result of termination, cancellation, or nonrenewal of an agreement of distributorship for that brand.
(12) "Terminated distributor" means a distributor whose agreement of distributorship with respect to a brand of spirits or malt beverages, whether oral or written, has been terminated, canceled, or not renewed.
[ 2014 c 92 s 3; 2012 c 2 s 213 (Initiative Measure No. 1183, approved November 8, 2011). Prior: 2009 c 155 s 1; 2004 c 160 s 19; 2003 c 59 s 2; 1997 c 321 s 41; 1984 c 169 s 2.]
Notes:
Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—2003 c 59: See note following RCW 19.126.010.
Effective date—1997 c 321: See note following RCW 66.24.010.

catchline: Definitions.


title: RCW 19.126.030

text:
Suppliers are entitled to the following protections which are deemed to be incorporated into every agreement of distributorship:
(1) Agreements between suppliers and wholesale distributors shall be in writing;
(2) A wholesale distributor shall maintain the financial and competitive capability necessary to achieve efficient and effective distribution of the supplier's products;
(3) A wholesale distributor shall maintain the quality and integrity of the supplier's product in the manner set forth by the supplier;
(4) A wholesale distributor shall exert its best efforts to sell the product of the supplier and shall merchandise such products in the stores of its retail customers as agreed between the wholesale distributor and supplier;
(5) The supplier may cancel or otherwise terminate any agreement with a wholesale distributor immediately and without notice if the reason for such termination is fraudulent conduct in any of the wholesale distributor's dealings with the supplier or its products, insolvency, the occurrence of an assignment for the benefit of creditors, bankruptcy, or suspension in excess of fourteen days or revocation of a license issued by the *state liquor board;
(6) A wholesale distributor shall give the supplier prior written notice, of not less than ninety days, of any material change in its ownership or management and the supplier has the right to reasonable prior approval of any such change; and
(7) A wholesale distributor shall give the supplier prior written notice, of not less than ninety days, of the wholesale distributor's intent to cancel or otherwise terminate the distributorship agreement.
[ 2009 c 155 s 2; 1984 c 169 s 3.]
Notes:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 s 3.

catchline: Suppliers' protections.


title: RCW 19.126.040

text:
Wholesale distributors are entitled to the following protections which are deemed to be incorporated into every agreement of distributorship:
(1) Agreements between wholesale distributors and suppliers must be in writing;
(2) A supplier must give the wholesale distributor at least sixty days prior written notice of the supplier's intent to cancel or otherwise terminate the agreement, unless such termination is based on a reason set forth in RCW 19.126.030(5) or results from a supplier acquiring the right to manufacture or distribute a particular brand and electing to have that brand handled by a different distributor. The notice must state all the reasons for the intended termination or cancellation. Upon receipt of notice, the wholesale distributor has sixty days in which to rectify any claimed deficiency. If the deficiency is rectified within this sixty-day period, the proposed termination or cancellation is null and void and without legal effect;
(3) The wholesale distributor may sell or transfer its business, or any portion thereof, including the agreement, to successors in interest upon prior approval of the transfer by the supplier. No supplier may unreasonably withhold or delay its approval of any transfer, including wholesaler's rights and obligations under the terms of the agreement, if the person or persons to be substituted meet reasonable standards imposed by the supplier;
(4) If an agreement of distributorship is terminated, canceled, or not renewed for any reason other than for cause, failure to live up to the terms and conditions of the agreement, or a reason set forth in RCW 19.126.030(5), the wholesale distributor is entitled to compensation from the successor distributor for the laid-in cost of inventory and for the fair market value of the terminated distribution rights. For purposes of this section, termination, cancellation, or nonrenewal of a distributor's right to distribute a particular brand constitutes termination, cancellation, or nonrenewal of an agreement of distributorship whether or not the distributor retains the right to continue distribution of other brands for the supplier. In the case of terminated distribution rights resulting from a supplier acquiring the right to manufacture or distribute a particular brand and electing to have that brand handled by a different distributor, the affected distribution rights will not transfer until such time as the compensation to be paid to the terminated distributor has been finally determined by agreement or arbitration;
(5) When a terminated distributor is entitled to compensation under subsection (4) of this section, a successor distributor must compensate the terminated distributor for the fair market value of the terminated distributor's rights to distribute the brand, less any amount paid to the terminated distributor by a supplier or other person with respect to the terminated distribution rights for the brand. If the terminated distributor's distribution rights to a brand of spirits or malt beverages are divided among two or more successor distributors, each successor distributor must compensate the terminated distributor for the fair market value of the distribution rights assumed by that successor distributor, less any amount paid to the terminated distributor by a supplier or other person with respect to the terminated distribution rights assumed by the successor distributor. A terminated distributor may not receive total compensation under this subsection that exceeds the fair market value of the terminated distributor's distribution rights with respect to the affected brand. Nothing in this section may be construed to require any supplier or other third person to make any payment to a terminated distributor;
(6) For purposes of this section, the "fair market value" of distribution rights as to a particular brand means the amount that a willing buyer would pay and a willing seller would accept for such distribution rights when neither is acting under compulsion and both have knowledge of all facts material to the transaction. "Fair market value" is determined as of the date on which the distribution rights are to be transferred in accordance with subsection (4) of this section;
(7) In the event the terminated distributor and the successor distributor do not agree on the fair market value of the affected distribution rights within thirty days after the terminated distributor is given notice of termination, the matter must be submitted to binding arbitration. Unless the parties agree otherwise, such arbitration must be conducted in accordance with the American arbitration association commercial arbitration rules with each party to bear its own costs and attorneys' fees;
(8) Unless the parties otherwise agree, or the arbitrator for good cause shown orders otherwise, an arbitration conducted pursuant to subsection (7) of this section must proceed as follows: (a) The notice of intent to arbitrate must be served within forty days after the terminated distributor receives notice of terminated distribution rights; (b) the arbitration must be conducted within ninety days after service of the notice of intent to arbitrate; and (c) the arbitrator or arbitrators must issue an order within thirty days after completion of the arbitration;
(9) In the event of a material change in the terms of an agreement of distribution, the revised agreement must be considered a new agreement for purposes of determining the law applicable to the agreement after the date of the material change, whether or not the agreement of distribution is or purports to be a continuing agreement and without regard to the process by which the material change is effected.
[ 2012 c 2 s 214 (Initiative Measure No. 1183, approved November 8, 2011); 2009 c 155 s 3; 1984 c 169 s 4.]
Notes:
Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.

catchline: Distributors' protections.


title: RCW 19.126.050

text:
No supplier may:
(1) Coerce or induce, or attempt to induce or coerce, any wholesale distributor to engage in any illegal act or course of conduct;
(2) Require a wholesale distributor to assent to any unreasonable requirement, condition, understanding, or term of an agreement which prohibits a wholesaler from selling the product of any other supplier or suppliers;
(3) Require a wholesale distributor to accept delivery of any product or any other item or commodity which was not ordered by the wholesale distributor; or
(4) Fail or refuse to enter into an agreement of distributorship with a wholesale distributor that handles the supplier's products.
[ 1985 c 440 s 1; 1984 c 169 s 5.]

catchline: Suppliers' prohibited acts.


title: RCW 19.126.060

text:
In any action or arbitration brought by a wholesale distributor or a supplier pursuant to this chapter, other than an arbitration to determine the compensation due to a terminated distributor under RCW 19.126.040(4), the prevailing party shall be awarded its reasonable attorney's fees and costs.
[ 2009 c 155 s 4; 1984 c 169 s 6.]

catchline: Attorney's fees—Costs.


title: RCW 19.126.070

text:
Continued violation of this chapter constitutes grounds, in the discretion of the *state liquor control board, for suspension or cancellation under RCW 66.24.010 of any license or certificate held by a supplier or its agent.
[ 1985 c 440 s 2.]
Notes:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 s 3.

catchline: Suspension or cancellation of license or certificate.


title: RCW 19.126.080

text:
A person injured by a violation of this chapter, other than a person seeking only a determination of the compensation due to a terminated distributor under RCW 19.126.040(4), may bring a civil action in a court of competent jurisdiction to enjoin further violations. Injunctive relief may be granted in an action brought under this chapter without the injured party being required to post bond if, in the opinion of the court, there exists a likelihood that the injured party will prevail on the merits.
[ 2009 c 155 s 5; 1985 c 440 s 3.]

catchline: Civil actions—Injunctive relief.


title: RCW 19.126.900

text:
This chapter may be known and cited as the wholesale distributor/supplier equity agreement act.
[ 1984 c 169 s 7.]

catchline: Short title.


title: RCW 19.130.010

text:
The legislature finds that the federal deregulation of the telephone industry provides telephone users with the opportunity to purchase and use telephone and other telecommunications equipment suited to their needs. The legislature finds that competitive markets function optimally when potential buyers have adequate information about the capabilities and reliability of the equipment offered for sale. The legislature further finds that disclosure of certain product information will benefit both buyers and sellers of telephone and other telecommunications equipment and is in the public interest.
[ 1984 c 275 s 1.]

catchline: Legislative findings.


title: RCW 19.130.020

text:
Any person offering for sale or selling new or reconditioned telephone handsets or keysets, private branch exchanges, or private automatic branch exchanges of not more than a twenty-station capacity, shall clearly disclose prior to sale by methods which may include posting of notice or printing on the equipment package the following:
(1) Whether the equipment uses pulse, tone, pulse-or-tone, or other signaling methods, and a general description of the services that can be accessed through the equipment;
(2) Whether the equipment is registered with the federal communications commission under the applicable federal regulations;
(3) The person responsible for repair of the equipment;
(4) Standard repair charges, if any; and
(5) The terms of any written warranty offered with the equipment.
[ 1984 c 275 s 2.]

catchline: Sales of new or reconditioned telephone equipment—Disclosure of certain information.


title: RCW 19.130.030

text:
Nothing in this chapter applies to 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 chapter.
[ 1984 c 275 s 3.]

catchline: Certain advertising media—Application of chapter.


title: RCW 19.130.040

text:
This chapter shall not apply to radio equipment used for land, marine, or air mobile service, or any like service, whether or not such equipment is capable of interconnection by manual or automatic means to a telephone line.
[ 1984 c 275 s 4.]

catchline: Certain radio equipment—Application of chapter.


title: RCW 19.130.050

text:
This chapter shall not apply to equipment not intended for connection to the telephone network, nor to used equipment located on the customer's premises.
[ 1984 c 275 s 5.]

catchline: Equipment not intended for connection to telephone network and used equipment located on customer's premises—Application of chapter.


title: RCW 19.130.060

text:
Violation of this chapter constitutes a violation of chapter 19.86 RCW, the consumer protection act. It shall be presumed that damages to the consumer are equal to the purchase price of any telephone equipment sold in violation of this chapter up to one hundred dollars. Additional damages must be proved.
[ 1984 c 275 s 7.]

catchline: Violations—Application of consumer protection act.


title: RCW 19.130.900

text:
The rights, obligations, and remedies under this chapter are in addition to any rights, obligations, or remedies under federal statutes or regulations or other state statutes or rules.
[ 1984 c 275 s 6.]

catchline: Chapter cumulative.


title: RCW 19.130.901

text:
This chapter may be known and cited as the telephone buyers' protection act.
[ 1984 c 275 s 8.]


title: RCW 19.134.010

text:
As used in this chapter:
(1) "Collection agency" has the same meaning as in RCW 19.16.100.
(2) "Communication" means the conveyance of any information regarding a debt, credit record, credit history, or credit rating, including submitting a dispute or requesting information, directly or indirectly, to any person by any means or through any medium.
(3) "Consumer" means any natural person who is solicited to purchase or who purchases the services of a credit services organization.
(4) "Consumer reporting agency" has the same meaning as in RCW 19.182.010.
(5) "Creditor" has the same meaning as in RCW 62A.1-201.
(6)(a) "Credit services organization" means any person who sells, provides, performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
(i) Improving, saving, or preserving a consumer's credit record, history, or rating;
(ii) Obtaining an extension of credit for a consumer;
(iii) Stopping, preventing, or delaying the foreclosure of a deed of trust, mortgage, or other security agreement; or
(iv) Providing advice or assistance to a consumer with regard to either (a)(i), (ii), or (iii) of this subsection.
(b) "Credit services organization" does not include:
(i) Any person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States or a lender approved by the United States secretary of housing and urban development for participation in any mortgage insurance program under the national housing act;
(ii) Any bank, savings bank, or savings and loan institution whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or the federal savings and loan insurance corporation, or a subsidiary of such bank, savings bank, or savings and loan institution;
(iii) Any credit union, federal credit union, or out-of-state credit union doing business in this state under chapter 31.12 RCW;
(iv) Any nonprofit organization exempt from taxation under section 501(c)(3) of the internal revenue code;
(v) Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license;
(vi) Any person licensed as a collection agency pursuant to chapter 19.16 RCW if acting within the course and scope of that license;
(vii) Any person licensed to practice law in this state if the person renders services within the course and scope of his or her practice as an attorney: PROVIDED, That the principal purpose of the attorney's practice is not to regularly provide the services described in (a)(i) and (ii) of this subsection, nor regularly provide advice or assistance described in (a)(iv) of this subsection as it pertains to (a)(i) and (ii) of this subsection, and that the attorney is not providing those services in connection with a qualified nonprofit legal aid provider;
(viii) Any broker-dealer registered with the securities and exchange commission or the commodity futures trading commission if the broker-dealer is acting within the course and scope of that regulation;
(ix) Any consumer reporting agency as defined in the federal fair credit reporting act, 15 U.S.C. Secs. 1681 through 1681t; or
(x) Any mortgage broker as defined in RCW 19.146.010 if acting within the course and scope of that definition.
(7) "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment offered or granted primarily for personal, family, or household purposes.
(8) "Person" shall include, where applicable, natural persons, corporations and other limited liability companies and associations, trusts, unincorporated associations, and partnerships.
(9) "Regulatory entity" means any city, state, or federal agency, department[,] or entity that has the authority to regulate a consumer reporting agency, creditor, or collection agency, or the authority to assist a consumer with submitting, processing, or resolving a complaint, inquiry, or information request concerning a consumer reporting agency, creditor, or collection agency.
[ 2023 c 144 s 1; 1989 c 303 s 1; 1986 c 218 s 2.]


title: RCW 19.134.020

text:
(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following:
(a) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the consumer, unless the credit services organization has obtained a surety bond of $10,000 issued by a surety company admitted to do business in this state and established a trust account at a federally insured bank or savings and loan association located in this state. The surety bond shall run to the state of Washington and the consumers. The surety bond shall be issued on the condition that the principal comply with all provisions of this chapter and fully perform on all contracts entered into with consumers. The surety bond shall be continuous until canceled and shall remain in full force and unimpaired at all times to comply with this section. The surety's liability for all claims in the aggregate against the continuous bond shall not exceed the penal sum of the bond. An action on the bond may be brought by the state or by any consumer by filing a complaint in a court of competent jurisdiction, including small claims court, within one year of cancellation of the surety bond. A complaint may be mailed by registered or certified mail, return receipt requested, to the surety and shall constitute good and sufficient service on the surety;
(b) Charge or receive any money or other valuable consideration solely for referral of the consumer to a retail seller who will or may extend credit to the consumer if the credit that is or will be extended to the consumer is upon substantially the same terms as those available to the general public;
(c) Fail to provide a monthly statement to the consumer detailing the services performed, including, if applicable, an accounting of any funds paid by a consumer and held or disbursed on the consumer's behalf and copies of any letters sent by the credit services organization on the consumer's behalf;
(d) Make or counsel or advise any consumer to make any statement that is untrue or misleading or that should be known by the exercise of reasonable care to be untrue or misleading, to a consumer reporting agency, creditor, collection agency, or regulatory entity, including submitting, or counseling, or advising a consumer to submit, a dispute without a good faith belief in the accuracy of the dispute;
(e) Make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization;
(f) Send any communication to a consumer reporting agency, creditor, collection agency, or regulatory entity without the prior written authorization of the consumer. A relevant authorization in the agreement or contract between a consumer and a credit services organization is sufficient for the purpose of this subsection;
(g) Fail to make a written communication sent on behalf of a consumer to any consumer reporting agency, creditor, collection agency, or regulatory entity, or legal counsel for any of the foregoing available to the consumer; or
(h) Fail to provide along with its first written communication to a consumer reporting agency, creditor, debt collector, or regulatory entity information sufficient to permit the consumer reporting agency, creditor, debt collector, or regulatory entity to investigate the account or accounts that are the subject of the written communication.
(2) Seeking to obtain, or the obtaining of, a consumer's credit report and the performance of other services necessary to determine the needs of a consumer for the reinvestigation of any accounts shall not constitute services of a credit services organization for which a contract is required pursuant to RCW 19.134.060 if that activity is undertaken with the consumer's prior written, electronic, or recorded oral consent.
[ 2023 c 144 s 2; 1989 c 303 s 2; 1986 c 218 s 3.]

catchline: Prohibited conduct.


title: RCW 19.134.030

text:
If a credit services organization is in compliance with *RCW 19.134.020(1), the salesperson, agent, or representative who sells the services of that organization is not required to obtain a surety bond and establish a trust account.
[ 1986 c 218 s 4.]
Notes:
*Reviser's note: RCW 19.134.020 was amended by 2023 c 144 s 2, changing subsection (1) to subsection (1)(a).

catchline: Surety bond and trust account—Exception to requirement.


title: RCW 19.134.040

text:
Before the execution of a contract or agreement between the consumer and a credit services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the consumer with a statement in writing, containing all the information required by RCW 19.134.050. The credit services organization shall maintain on file for a period of four years following the completion or termination of the credit services organization agreement with the consumer an exact copy of the statement.
[ 2023 c 144 s 5; 1986 c 218 s 5.]

catchline: Information statement—Prerequisite to contract or payment—File maintained.


title: RCW 19.134.050

text:
The information statement required under RCW 19.134.040 shall include all of the following:
(1)(a) A conspicuous statement in boldface 10-point type at the top of the statement that clearly outlines to a consumer how the credit services organization will act on behalf of the consumer, including that with explicit approval, the credit services organization may use the consumer's signature;
(b) A complete and accurate statement of the consumer's right to review any file on the consumer maintained by any consumer reporting agency, as provided under the federal Fair Credit Reporting Act, 15 U.S.C. Secs. 1681 through 1681t;
(c) A statement that the consumer may review his or her consumer reporting agency file at no charge if a request is made to the consumer reporting agency within 30 days after receiving notice that credit has been denied;
(d) The approximate price the consumer will be charged by the consumer reporting agency to review his or her consumer reporting agency file; and
(e) The following notice:
"If you have a complaint about the services provided by this credit services organization or the fees charged by this credit services organization, you may submit that complaint to the Washington state Attorney General's Office electronically at https://www.atg.wa.gov/file-complaint or by mail to Attn: ......, 800 5th Avenue, Suite 2000, Seattle, WA 98104-3188."
The information statement shall be printed in at least 10-point boldface type and shall include the following statement:
"CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW
You have a right to obtain a free copy of your credit report from a consumer reporting agency. You may obtain this free copy of your credit report one time per year by visiting www.AnnualCreditReport.com. You will be able to view your credit report, dispute alleged inaccuracies, and obtain additional information at no fee. If requested, the consumer reporting agency must provide someone to help you interpret the information in your credit file.
You have a right to dispute inaccurate information by contacting the consumer reporting agency directly. However, neither you nor any credit repair company or credit services organization has the right to have accurate, current, and verifiable information removed from your credit report. Under the Federal Fair Credit Reporting Act, the consumer reporting agency must remove accurate, negative information from your report only if it is over seven years old. Bankruptcy information can be reported for 10 years.
If you have notified a consumer reporting agency in writing that you dispute the accuracy of information in your credit file, the consumer reporting agency must then reinvestigate and modify or remove inaccurate information. The consumer reporting agency may not charge a fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the consumer reporting agency.
If the reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer reporting agency to keep in your file, explaining why you think the record is inaccurate. The consumer reporting agency must include your statement about disputed information in any report it issues about you.
You have a right to cancel the contract with the credit services organization for any reason before midnight on the fifth working day after you signed it. If for any reason you cancel the contract during this time, you do not owe any money.
You have a right to take legal action against a credit services organization if it misleads you.";
(2) A complete and accurate statement of the consumer's right to dispute the completeness or accuracy of any item contained in any file on the consumer maintained by any consumer reporting agency;
(3) A complete and detailed description of the services to be performed by the credit services organization for the consumer and the total amount the consumer will have to pay, or become obligated to pay, for the services;
(4) A statement asserting the consumer's right to proceed against the bond or trust account required under RCW 19.134.020; and
(5) The name and address of the surety company that issued the bond, or the name and address of the depository and the trustee and the account number of the trust account.
[ 2023 c 144 s 6; 1986 c 218 s 6.]
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catchline: Information statement—Contents.


title: RCW 19.134.060

text:
(1) Each contract between the consumer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, signed by the consumer, and include all of the following:
(a) A conspicuous statement in boldface type, in immediate proximity to the space reserved for the signature of the consumer, as follows: "You, the consumer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right";
(b) Explicit written approval from the consumer that the credit services organization may use the consumer's signature in order to facilitate credit repair services;
(c) The terms and conditions of payment, including the total of all payments to be made by the consumer, whether to the credit services organization or to some other person;
(d) A full and detailed description of the services to be performed by the credit services organization for the consumer, including all guarantees and all promises of full or partial refunds, and the estimated date by which the services are to be performed, or estimated length of time for performing the services, not to exceed 180 days;
(e) The credit services organization's principal business address, mailing address if different, email address, facsimile number if applicable, website address if applicable, and the name and address of its agent in the state authorized to receive service of process;
(2) The contract shall be accompanied by a completed form in duplicate, captioned "Notice of Cancellation" that shall be attached to the contract, be easily detachable, and contain in boldface type the following statement written in the same language as used in the contract.
"Notice of Cancellation
You may cancel this contract, without any penalty or obligation before midnight on the fifth working day after you sign it.
If you cancel any payment made by you under this contract, it will be returned within ten days following receipt by the credit services organization of your cancellation notice.
To cancel this contract, mail or deliver (including through electronic means) not later than midnight . . . . (date) . . . . , a copy of this cancellation notice, or any other written notice of cancellation, to . . . . (name of credit services organization) . . . . at any of the following: . . . . (Credit services organization to list physical address, mailing address if different, email address, website address if applicable, and facsimile number if applicable) . . . ..
I hereby cancel this transaction,
. . . (date) . . .
. . . (consumer's name) . . ."
It is not necessary that the consumer use the sample form to cancel a contract. The credit services organization shall give to the consumer a copy of the completed contract and all other documents the credit services organization requires the consumer to sign at the time they are signed. The credit services organization shall provide easily understood and easily exercised cancellation instructions on its website if a website is maintained by the credit services organization.
[ 2023 c 144 s 7; 1986 c 218 s 7.]

catchline: Contract for purchase of services—Contents—Notice of cancellation—Consumer's copy.


title: RCW 19.134.070

text:
(1) Any waiver by a consumer of any part of this chapter is void. Any attempt by a credit services organization to have a consumer waive rights given by this chapter is a violation of this chapter.
(2) In any proceeding involving this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
(3) Any person who violates this chapter is guilty of a gross misdemeanor. Any district court of this state has jurisdiction in equity to restrain and enjoin the violation of this chapter.
(4) This section does not prohibit the enforcement by any person of any right provided by this or any other law.
(5) A violation of this chapter by a credit services organization is an unfair business practice as provided in chapter 19.86 RCW.
[ 2023 c 144 s 8; 1986 c 218 s 8.]

catchline: Waiver of rights—Violations—Enforcement—Unfair business practice.


title: RCW 19.134.080

text:
(1) Any person injured by a violation of this chapter may bring any action for recovery of damages. Judgment shall be entered for actual damages, plus reasonable attorneys' fees and costs. In the case of an action by a consumer, damages shall be awarded in an amount not less than the amount paid by the consumer to the credit services organization. An award may also be entered for punitive damages.
(2) The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.
[ 2023 c 144 s 9; 1986 c 218 s 9.]

catchline: Damages—Attorneys' fees.


title: RCW 19.134.090

text:
(1) Unless otherwise required by law, a consumer reporting agency, creditor, or collection agency that knows a consumer is represented by a credit services organization and also has knowledge of, or can readily ascertain, the credit services organization's name and address shall communicate with the credit services organization unless either of the following circumstances apply:
(a) The credit services organization fails to respond within 30 days to a communication from a consumer reporting agency, creditor, or collection agency; or
(b) The consumer expressly directs the consumer reporting agency, creditor, or collection agency not to communicate with the credit services organization.
(2) Notwithstanding subsection (1) of this section, a consumer reporting agency, creditor, or collection agency shall not be required to communicate with a credit services organization concerning an account that is subject to a dispute if any of the following apply:
(a) The account subject to the dispute has been paid, settled, or otherwise resolved and has been reported as paid, settled, or otherwise resolved on the consumer's credit report;
(b) The account subject to the dispute has been removed from the consumer's credit report;
(c) The debt collector has provided to the credit services organization or to the consumer the verification information or documentation described in 15 U.S.C. Sec. 1692(g)(b) regarding the account subject to dispute;
(d) The debt collector is a debt buyer as defined in RCW 19.16.100 and has provided to the credit services organization or to the consumer the information or documentation described in *RCW 19.16.260(2) (a) and (b) regarding the account subject to the dispute;
(e) The consumer reporting agency, creditor, or collection agency reasonably determines that the dispute is frivolous or irrelevant pursuant to 15 U.S.C. Secs. 1681(i)(3) or 1681s-2(a)(1)(f).
[ 2023 c 144 s 3.]
Notes:
*Reviser's note: RCW 19.16.260 was amended by 2026 c 107 s 13, deleting subsection (2)(a) and (b).

catchline: Required communication—Exceptions.


title: RCW 19.134.100

text:
To protect against fraud and identity theft, when a credit services organization sends a written communication by facsimile, electronic mail, United States mail, overnight courier, or other means that contains personal information of a consumer, the credit services organization shall redact the personal information to include only the last four digits of the social security number, taxpayer identification number, or state identification number, the last four digits of the financial account number, credit card number, or debit card number, or the month and year of the consumer's date of birth, unless the inclusion of the full number or date is otherwise required by law, or is legally permissible and required to achieve the desired objective. Redacting information pursuant to this section shall not be considered a violation of RCW 19.134.020(1)(h).
[ 2023 c 144 s 4.]

catchline: Redaction of personal information in written communication.


title: RCW 19.134.900

text:
This chapter may be known and cited as the "credit services organizations act."
[ 1986 c 218 s 1.]

catchline: Short title.


title: RCW 19.138.010

text:
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 people; that problems have arisen regarding certain sales of travel; and that the public welfare requires registration of sellers of travel in order to eliminate unfair advertising, sales and business practices. The legislature further finds it necessary to establish standards that will safeguard the people against financial hardship and to encourage fair dealing and prosperity in the travel business.
[ 1994 c 237 s 1; 1986 c 283 s 1.]

catchline: Legislative finding and declaration.


title: RCW 19.138.021

text:
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 the sale of travel services if the travel services are not identified at the time of the sale with respect to dates, price, or location and includes:
(a) Sales of travel club memberships;
(b) Sales of vacation certificates or other documents that purport to grant the holder of the certificate or other document the ability to obtain future travel services, with or without additional consideration; or
(c) Sales of travel-industry member benefits including those through either or both the issuance and sale or the consulting with or advising for consideration of persons in connection with the obtaining of international airlines travel agent network identification cards or memberships.
(4) "Travel club" means a seller of travel that sells memberships to consumers, where the initial membership or maintenance dues are at least twice the amount of the annual membership or maintenance dues.
(5) "Seller of travel-related benefits" means a person, firm, or corporation that transacts business with Washington consumers for the sale of travel-related benefits.
(6) "Seller of travel" means a person, firm, or corporation both inside and outside the state of Washington, who transacts business with Washington consumers.
(a) "Seller of travel" includes a travel agent and any person who is an independent contractor or outside agent for a travel agency or other seller of travel whose principal duties include consulting with and advising persons concerning travel arrangements or accommodations in the conduct or administration of its business. If a seller of travel is employed by a seller of travel who is registered under this chapter, the employee need not also be registered.
(b) "Seller of travel" does not include:
(i) An air carrier;
(ii) An owner or operator of a vessel, including an ocean common carrier as defined in 46 U.S.C. App. 1702(18), an owner or charterer of a vessel that is required to establish its financial responsibility in accordance with the requirements of the federal maritime commission, 46 U.S.C. App. 817 (e), and a steamboat company whether or not operating over and upon the waters of this state;
(iii) A motor carrier;
(iv) A rail carrier;
(v) A charter party carrier of passengers as defined in RCW 81.70.020;
(vi) An auto transportation company as defined in RCW 81.68.010;
(vii) A hotel or other lodging accommodation;
(viii) An affiliate of any person or entity described in (i) through (vii) of this subsection (6)(b) that is primarily engaged in the sale of travel services provided by the person or entity. For purposes of this subsection (6)(b)(viii), an "affiliate" means a person or entity owning, owned by, or under common ownership, with "owning," "owned," and "ownership" referring to equity holdings of at least eighty percent;
(ix) Direct providers of transportation by air, sea, or ground, or hotel or other lodging accommodations who do not book or arrange any other travel services.
(7) "Travel services" includes transportation by air, sea, or ground, hotel or any lodging accommodations, package tours, or vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission, or other valuable consideration.
(8) "Advertisement" includes, but is not limited to, a written or graphic representation in a card, brochure, newspaper, magazine, directory listing, or display, and oral, written, or graphic representations made by radio, television, or cable transmission that relates to travel services.
(9) "Transacts business with Washington consumers" means to directly offer or sell travel services or travel-related benefits to Washington consumers, including the placement of advertising in media based in the state of Washington or that is primarily directed to Washington residents. Advertising placed in national print or electronic media alone does not constitute "transacting business with Washington consumers." Those entities who only wholesale travel services are not "transacting business with Washington consumers" for the purposes of this chapter.
[ 2001 c 44 s 1; 2000 c 171 s 73; 1996 c 180 s 1; 1994 c 237 s 2.]
Notes:
Effective date—1996 c 180: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 28, 1996]." [ 1996 c 180 s 10.]

catchline: Definitions.


title: RCW 19.138.030

text:
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 travel either by use of an airline computer reservation system, or by written confirmation from the vendor whose program is being advertised.
It is the responsibility of the seller of travel to keep written or printed documentation of the steps taken to verify that the advertised offer was available at the time the advertising was placed. These records are to be maintained for at least one year after the placement of the advertisement.
[ 1999 c 238 s 1; 1996 c 180 s 2; 1994 c 237 s 10; 1986 c 283 s 3.]
Notes:
Severability—1999 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1999 c 238 s 8.]
Effective date—1996 c 180: See note following RCW 19.138.021.

catchline: Advertising—Restrictions—Records.


title: RCW 19.138.040

text:
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 payment is made other than in person, the seller of travel shall transmit to the person making the payment the written statement required by this section within three business days of receipt or processing of the payment. The written statement shall contain the following information:
(1) The name and business address and telephone number of the seller of travel.
(2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any.
(3) The registration number of the seller of travel required by this chapter.
(4) The name of the vendor with whom the seller of travel has contracted to provide travel arrangements for a consumer and all pertinent information relating to the travel as known by the seller of travel at the time of booking. The seller of travel will make known further details as soon as received from the vendor. All information will be provided with final documentation.
(5) An advisory regarding the penalties that would be charged in the event of a cancellation or change by the customer. This may contain either: (a) The specific amount of cancellation and change penalties; or (b) the following statement: "Cancellation and change penalties apply to these arrangements. Details will be provided upon request."
(6) A statement in eight-point boldface type in substantially the following form:
"If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date."
[ 1999 c 238 s 2; 1996 c 180 s 3; 1994 c 237 s 11; 1986 c 283 s 4.]
Notes:
Severability—1999 c 238: See note following RCW 19.138.030.
Effective date—1996 c 180: See note following RCW 19.138.021.

catchline: Written statement by seller of travel—Contents.


title: RCW 19.138.050

text:
(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 funds from the vendor with whom the services were arranged. If the funds were not sent to the vendor and remain in the possession of the seller of travel, the funds shall be refunded within fourteen days.
(2) Any material misrepresentation with regard to the transportation and other services offered shall be deemed to be a cancellation necessitating the refund required by this section.
(3) When travel services are paid to a vendor and charged to a consumer's credit card by the seller of travel, and the arrangements are subsequently canceled by the consumer, the vendor, or the seller of travel, any refunds to the consumer's credit card must be applied for within ten days from the date of cancellation.
(4) The seller of travel shall not be obligated to refund any cancellation penalties imposed by the vendor with whom the services were arranged if these penalties were disclosed in the statement required under RCW 19.138.040.
[ 1994 c 237 s 12; 1986 c 283 s 5.]


title: RCW 19.138.090

text:
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.]

catchline: Application of chapter to public charter operators.


title: RCW 19.138.100

text:
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 and rules adopted under this chapter.
(1) The registration number must be conspicuously posted in the place of business and must be included in all advertisements. Sellers of travel are not required to include registration numbers on institutional advertising. For the purposes of this subsection, "institutional advertising" is advertising that does not include prices or dates for travel services.
(2) The director shall issue duplicate registrations upon payment of a duplicate registration fee to valid registration holders operating more than one office. The duplicate registration fee for each office shall be an amount equal to the original registration fee.
(3) No registration is assignable or transferable.
(4) If a registered seller of travel sells his or her business, when the new owner becomes responsible for the business, the new owner must comply with all provisions of this chapter, including registration.
(5) If a seller of travel is employed by or under contract as an independent contractor or an outside agent of a seller of travel who is registered under this chapter, the employee, independent contractor, or outside agent need not also be registered if:
(a) The employee, independent contractor, or outside agent is conducting business as a seller of travel in the name of and under the registration of the registered seller of travel; and
(b) All money received for travel services by the employee, independent contractor, or outside agent is collected in the name of the registered seller of travel and processed by the registered seller of travel as required under this chapter.
[ 2001 c 44 s 4; 1999 c 238 s 3; 1996 c 180 s 4; 1994 c 237 s 3.]
Notes:
Severability—1999 c 238: See note following RCW 19.138.030.
Effective date—1996 c 180: See note following RCW 19.138.021.

catchline: Registration—Number posting, use—Duplicates—Fee—Assignment, transfer—New owner—Exemption.


title: RCW 19.138.110

text:
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 holds a valid business license in the state of its principal state of business;
(3) A registration fee in an amount determined under RCW 43.24.086;
(4) The names, business addresses, and business phone numbers of all employees, independent contractors, or outside agents who sell travel and are covered by the seller of travel's registration. This subsection shall not apply to the out-of-state employees of a corporation that issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by the corporation;
(5) A report prepared and signed by a bank officer, licensed public accountant, or certified public accountant or other report, approved by the director, that verifies that the seller of travel maintains a trust account at a federally insured financial institution located in Washington state, or other approved account, the location and number of that trust account or other approved account, and verifying that the account exists as required by RCW 19.138.140. The director, by rule, may permit alternatives to the report that provides for at least the same level of verification.
[ 1996 c 180 s 5; 1994 c 237 s 4.]
Notes:
Effective date—1996 c 180: See note following RCW 19.138.021.