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State
Washington
Chapter 43.24 RCW Department of licensing



Chapter 43.24 RCW
Department of licensing

Chapter Listing


RCW Sections
43.24.001 Department of licensing -- Creation -- Director -- Powers, duties, and functions -- Personnel.
43.24.005 Director -- Appointment -- Salary.
43.24.016 Powers and duties -- Generally.
43.24.020 Powers and duties -- Licensing.
43.24.023 Rule-making authority.
43.24.030 "License" defined.
43.24.040 Forms to be prescribed.
43.24.060 Examinations -- Committees -- Duties, compensation, travel expenses.
43.24.065 Appointment of temporary additional members of boards and committees for administration and grading of examinations.
43.24.080 Issuance of licenses.
43.24.084 Professional licenses -- Use of social security numbers and drivers' license numbers prohibited.
43.24.085 License or registration fees for businesses, occupations and professions -- Policy -- Maximum fees -- Determination.
43.24.086 Fee policy for professions, occupations, and businesses -- Determination by rule.
43.24.090 Examination of handicapped persons.
43.24.112 Suspension of license--Noncompliance with support order--Reissuance.
43.24.115 Director's duties as to refusal, revocation or suspension of licenses -- Performance by assistants.
43.24.120 Appeal -- Further review.
43.24.125 Enforcement in accordance with RCW 43.05.100 and 43.05.110.
43.24.130 License moratorium for persons in service.
43.24.140 Extension or modification of licensing, certification, or registration period authorized -- Rules and regulations, manner and content.
43.24.150 Business and professions account.



Notes:
Applications for licenses, discrimination to require disclosure of race or religion in -- Penalty: RCW 43.01.100.
Corporation doing business without license, penalty: RCW 9.24.040.

Department created: RCW 46.01.020, 43.17.010.

Drivers' training schools, director's powers and duties relating to: Chapter 46.82 RCW.

Emergency management workers, licensing requirements waived during emergency: RCW 38.52.180.

For-hire vehicles, certificates and operators' permits, director's powers and duties relating to: Chapter 46.72 RCW.

Gambling commission, administrator and staff for: RCW 9.46.080.

Health, department of, functions transferred to: RCW 43.70.901.

Jury source list -- Master jury list -- Creation -- Adoption of rules for implementation of methodology and standards by agencies: RCW 2.36.054 and 2.36.0571.

Marine recreation land act, duties: Chapter 79A.25 RCW.

Massachusetts trusts, rules and regulations by director: RCW 23.90.040.

Motor vehicles
accident reports, tabulation and analysis of to be available to: RCW 46.52.060.
administration by director of licensing: RCW 46.01.030, 46.01.040.
agents of: RCW 46.01.130, 46.01.140.
amateur radio operators with special license plates, director to furnish lists of: RCW 46.16.340.
annual reports to governor: RCW 46.01.290.
certified copies of departmental records relating to, department to furnish: RCW 46.01.250.
departmental records relating to, destruction of: RCW 46.01.260.
financial responsibility act, director's powers and duties under: Chapter 46.29 RCW.
general powers of director: RCW 46.01.130.
lighting and other vehicle equipment, director's powers and duties relating to: Chapter 46.37 RCW.
motor vehicle dealer's licenses, director's powers and duties relating to: Chapter 46.70 RCW.
motor vehicle fuel tax, duties concerning: Chapter 82.36 RCW.
motor vehicle fund moneys distributed to: RCW 46.68.090.
motor vehicle revenue, director's powers and duties relating to: Chapter 46.68 RCW.
motor vehicle transporters' licenses, director's powers and duties relating to: Chapter 46.76 RCW.
safety responsibility act, director's powers and duties relating to: Chapter 46.29 RCW.
vehicle and operator licensing, rules for: RCW 46.01.110.
vehicle wreckers' licensing, director's powers and duties relating to: Chapter 46.80 RCW.

Oath of director: RCW 43.17.030.

Offices of department maintained at state capital: RCW 43.17.050.

Powers and duties of director: RCW 43.17.030, 43.24.020, chapter 46.01 RCW.

Rules of department: RCW 43.17.060, 46.01.110.

Seal: RCW 46.01.170.

Securities act, licensing requirements: Chapter 21.20 RCW.

Vacancies in department: RCW 43.17.020, 43.17.040.

Veterans, motor vehicle license issued free to disabled: RCW 73.04.110.

Veterans' preferences, qualifications for: RCW 73.04.090.




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43.24.001
Department of licensing Creation Director Powers, duties, and functions Personnel.
See chapter 46.01 RCW.






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43.24.005
Director Appointment Salary.
The director of licensing shall be appointed by the governor with the consent of the senate and shall serve at the pleasure of the governor. The director shall receive a salary in an amount fixed by the governor in accordance with RCW 43.03.040.


[1999 c 240 3.]




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43.24.016
Powers and duties Generally.
(1) The director of licensing shall supervise and administer the activities of the department of licensing and shall advise the governor and the legislature with respect to matters under the jurisdiction of the department.

(2) In addition to other powers and duties granted to the director, the director has the following powers and duties:

(a) Enter into contracts on behalf of the state to carry out the responsibilities of the department;

(b) Accept and expend gifts and grants, whether such grants be of federal or other funds;

(c) Appoint a deputy director and such assistant directors, special assistants, and administrators as may be needed to administer the department. These employees are exempt from the provisions of chapter 41.06 RCW;

(d) Adopt rules in accordance with chapter 34.05 RCW and perform all other functions necessary to carry out the responsibilities of the department;

(e) Delegate powers, duties, and functions as the director deems necessary for efficient administration, but the director is responsible for the official acts of the officers and employees of the department; and

(f) Perform other duties as are necessary and consistent with law.

(3) The director may establish advisory groups as may be necessary to carry out the responsibilities of the department.

(4) The internal affairs of the department shall be under the control of the director in order that the director may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the director shall have complete charge and supervisory powers over the department. The director may create such administrative structures as the director deems appropriate, except as otherwise specified by law, and the director may employ such personnel as may be necessary in accordance with chapter 41.06 RCW, except as otherwise provided by law.


[1999 c 240 4.]




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43.24.020
Powers and duties Licensing.
In addition to other powers and duties granted to the department, the director of licensing shall administer all laws with respect to the examination of applicants for, and the issuance of, licenses to persons to engage in any business, profession, trade, occupation, or activity except for health professions.


[1999 c 240 1; 1994 c 92 496; 1989 1st ex.s. c 9 314; 1979 c 158 95; 1965 c 100 2; 1965 c 8 43.24.020. Prior: (i) 1921 c 7 96; RRS 10854. (ii) 1921 c 7 104; RRS 10862. (iii) 1929 c 133 1; RRS 5852-24.]

Notes: Effective date -- Severability -- 1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

Powers, duties and functions of director and department of licensing: Chapter 46.01 RCW.






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43.24.023
Rule-making authority.
For rules adopted after July 23, 1995, the director of the department of licensing may not rely solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule, except rules defining or clarifying terms in, or procedures necessary to the implementation of, a statute.


[1995 c 403 107.]

Notes: Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328.

Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 43.05.904.







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43.24.030
"License" defined.
The word "license" shall be construed to mean and include license, certificate of registration, certificate of qualification, certificate of competency, certificate of authority, and any other instrument, by whatever name designated, authorizing the practice of a profession or calling, the carrying on of a business or occupation, or the doing of any act required by law to be authorized by the state.


[1965 c 8 43.24.030. Prior: 1921 c 7 98; RRS 10856.]




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43.24.040
Forms to be prescribed.
The director of licensing shall prescribe the various forms of applications, certificates, and licenses required by law.


[1979 c 158 97; 1965 c 8 43.24.040. Prior: 1921 c 7 97; RRS 10855.]

Notes:Application forms -- Licenses -- Mention of race or religion prohibited -- Penalty: RCW 43.01.100.
Director to prescribe forms for applications, licenses, certificates: RCW 46.01.160.






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43.24.060
Examinations Committees Duties, compensation, travel expenses.
(1) The director of licensing shall, from time to time, fix such times and places for holding examinations of applicants as may be convenient, and adopt general rules and regulations prescribing the method of conducting examinations.

The governor, from time to time, upon the request of the director of licensing, shall appoint examining committees, composed of three persons possessing the qualifications provided by law to conduct examinations of applicants for licenses to practice the respective professions or callings for which licenses are required.

The committees shall prepare the necessary lists of examination questions, conduct the examinations, which may be either oral or written, or partly oral and partly written, and shall make and file with the director of licensing lists, signed by all the members conducting the examination, showing the names and addresses of all applicants for licenses who have successfully passed the examination, and showing separately the names and addresses of the applicants who have failed to pass the examination, together with all examination questions and the written answers thereto submitted by the applicants.

Each member of a committee shall receive twenty-five dollars per day for each day spent in conducting the examination and in going to and returning from the place of examination, and travel expenses, in accordance with RCW 43.03.050 and 43.03.060.

(2) The director of licensing may appoint advisory committees to advise the department regarding the preparation of examinations for professional licensing and such other specific aspects of regulating the professions within the jurisdiction of the department as the director may designate. Such a committee and its members shall serve at the pleasure of the director.

Each member of an advisory committee shall be compensated in accordance with RCW 43.03.240 and shall receive reimbursement for travel expenses incurred in attending meetings of the committee in accordance with RCW 43.03.050 and 43.03.060.


[1984 c 287 78; 1982 c 227 15; 1979 c 158 98; 1975-'76 2nd ex.s. c 34 105; 1965 c 100 3; 1965 c 8 43.24.060. Prior: 1921 c 7 99; RRS 10857.]

Notes: Legislative findings -- Severability -- Effective date -- 1984 c 287: See notes following RCW 43.03.220.

Effective date -- 1982 c 227: See note following RCW 19.09.100.


Effective date -- Severability -- 1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.







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43.24.065
Appointment of temporary additional members of boards and committees for administration and grading of examinations.
The director of licensing may, at the request of a board or committee established under Title 18 RCW under the administrative authority of the department of licensing, appoint temporary additional members for the purpose of participating as members during the administration and grading of practical examinations for licensure, certification, or registration. The appointment shall be for the duration of the examination specified in the request. Individuals so appointed must meet the same minimum qualifications as regular members of the board or committee, including the requirement to be licensed, certified, or registered. While serving as board or committee members, persons so appointed have all the powers, duties, and immunities and are entitled to the emoluments, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of regular members of the board or committee. This authority is intended to provide for more efficient, economical, and effective examinations.


[1985 c 116 1.]




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43.24.080
Issuance of licenses.
Except as provided in RCW 43.24.112, at the close of each examination the department of licensing shall prepare the proper licenses, where no further fee is required to be paid, and issue licenses to the successful applicants signed by the director and notify all successful applicants, where a further fee is required, of the fact that they are entitled to receive such license upon the payment of such further fee to the department of licensing and notify all applicants who have failed to pass the examination of that fact.


[1997 c 58 866; 1979 c 158 99; 1965 c 100 4; 1965 c 8 43.24.080. Prior: 1921 c 7 101; RRS 10859.]

Notes: Short title--Part headings, captions, table of contents not law -- Exemptions and waivers from federal law--Conflict with federal requirements--Severability--1997 c 58: See RCW 74.08A.900 through 74.08A.904.

Effective dates -- Intent--1997 c 58: See notes following RCW 74.20A.320.







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43.24.084
Professional licenses Use of social security numbers and drivers' license numbers prohibited.
Social security numbers and drivers' license numbers may not be used as part of a professional license. Professional licenses containing such information that are in existence on January 1, 2002, shall comply with this section by the next renewal date.


[2001 c 276 1.]

Notes: Effective date -- 2001 c 276: "This act takes effect January 1, 2002." [2001 c 276 2.]






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43.24.085
License or registration fees for businesses, occupations and professions Policy Maximum fees Determination.

Notes: Reviser's note: RCW 43.24.085 was amended by 1983 c 75 17 without reference to its repeal by 1983 c 168 13. It has been decodified for publication purposes pursuant to RCW 1.12.025.






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43.24.086
Fee policy for professions, occupations, and businesses Determination by rule.
It shall be the policy of the state of Washington that the cost of each professional, occupational[,] or business licensing program be fully borne by the members of that profession, occupation[,] or business. The director of licensing shall from time to time establish the amount of all application fees, license fees, registration fees, examination fees, permit fees, renewal fees, and any other fee associated with licensing or regulation of professions, occupations[,] or businesses, except for health professions, administered by the department of licensing. In fixing said fees, the director shall set the fees for each such program at a sufficient level to defray the costs of administering that program. All such fees shall be fixed by rule adopted by the director in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.


[1999 c 240 2; 1989 1st ex.s. c 9 315; 1987 c 467 7; 1983 c 168 12.]

Notes: Effective date -- Severability -- 1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

Severability -- 1983 c 168: See RCW 18.120.910.


Regulation of health professions: Chapters 18.120 and 18.122 RCW.






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43.24.090
Examination of handicapped persons.
Any person taking any written examination prescribed or authorized by law, for a license or permit to practice any trade, occupation, or profession, who, because of any handicap, is unable to write the examination himself, may dictate it to and have it written or typed by another, to the same effect as though the examination were written out by himself. Any expense connected therewith shall be borne by the person taking the examination.


[1965 c 8 43.24.090. Prior: 1947 c 143 1; Rem. Supp. 1947 8265-20.]




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43.24.112
Suspension of license Noncompliance with support order Reissuance.
The department shall immediately suspend any license issued by the department of licensing of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.


[1997 c 58 869.]

Notes: *Reviser's note: 1997 c 58 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.

Short title--Part headings, captions, table of contents not law -- Exemptions and waivers from federal law--Conflict with federal requirements--Severability--1997 c 58: See RCW 74.08A.900 through 74.08A.904.


Effective dates -- Intent--1997 c 58: See notes following RCW 74.20A.320.







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43.24.115
Director's duties as to refusal, revocation or suspension of licenses Performance by assistants.
The director may deputize one or more of his assistants to perform his duties with reference to refusal, revocation or suspension of licenses, including the power to preside at hearings and to render decisions therein subject to the approval of the director.


[1965 c 100 6.]




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43.24.120
Appeal Further review.
Except as provided in RCW 43.24.112, any person feeling aggrieved by the refusal of the director to issue a license, or to renew one, or by the revocation or suspension of a license shall have a right of appeal to superior court from the decision of the director of licensing, which shall be taken, prosecuted, heard, and determined in the manner provided in chapter 34.05 RCW.

The decision of the superior court may be reviewed by the supreme court or the court of appeals in the same manner as other civil cases.


[1997 c 58 868; 1987 c 202 212; 1979 c 158 102; 1971 c 81 112; 1965 c 8 43.24.120. Prior: 1921 c 7 106; RRS 10864.]

Notes:Rules of court: Writ procedure superseded by RAP 2.1, 2.2, 18.22.

Short title--Part headings, captions, table of contents not law -- Exemptions and waivers from federal law--Conflict with federal requirements--Severability--1997 c 58: See RCW 74.08A.900 through 74.08A.904.


Effective dates -- Intent--1997 c 58: See notes following RCW 74.20A.320.


Intent -- 1987 c 202: See note following RCW 2.04.190.







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43.24.125
Enforcement in accordance with RCW 43.05.100 and 43.05.110.
Enforcement action taken after July 23, 1995, by the director or the department of licensing shall be in accordance with RCW 43.05.100 and 43.05.110.


[1995 c 403 624.]

Notes: Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328.

Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 43.05.904.







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43.24.130
License moratorium for persons in service.
Notwithstanding any provision of law to the contrary, the license of any person licensed by the director of licensing to practice a profession or engage in an occupation, if valid and in force and effect at the time the licensee entered service in the armed forces or the merchant marine of the United States, shall continue in full force and effect so long as such service continues, unless sooner suspended, canceled, or revoked for cause as provided by law. The director shall renew the license of every such person who applies for renewal thereof within six months after being honorably discharged from service upon payment of the renewal fee applicable to the then current year or other license period.


[1979 c 158 103; 1965 c 8 43.24.130. Prior: 1945 c 112 1; 1943 c 108 1; RRS 10864-1.]




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43.24.140
Extension or modification of licensing, certification, or registration period authorized Rules and regulations, manner and content.
Notwithstanding any provision of law to the contrary which provides for a licensing period for any type of license subject to this chapter, the director of licensing may, from time to time, extend or otherwise modify the duration of any licensing, certification, or registration period, whether an initial or renewal period, if the director determines that it would result in a more economical or efficient operation of state government and that the public health, safety, or welfare would not be substantially adversely affected thereby. However, no license, certification, or registration may be issued or approved for a period in excess of four years, without renewal. Such extension, reduction, or other modification of a licensing, certification, or registration period shall be by rule or regulation of the department of licensing adopted in accordance with the provisions of chapter 34.05 RCW. Such rules and regulations may provide a method for imposing and collecting such additional proportional fee as may be required for the extended or modified period.


[1984 c 279 25; 1979 c 158 104; 1971 c 52 1.]

Notes: Severability -- 1984 c 279: See RCW 18.130.901.






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43.24.150
Business and professions account.
(1) The business and professions account is created in the state treasury. All receipts from business or professional licenses, registrations, certifications, renewals, examinations, or civil penalties assessed and collected by the department from the following chapters must be deposited into the account:

(a) Chapter 18.11 RCW, auctioneers;

(b) Chapter 18.16 RCW, cosmetologists, barbers, and manicurists;

(c) Chapter 18.96 RCW, landscape architects;

(d) Chapter 18.145 RCW, court reporters;

(e) Chapter 18.165 RCW, private investigators;

(f) Chapter 18.170 RCW, security guards;

(g) Chapter 18.185 RCW, bail bond agents;

(h) Chapter 19.16 RCW, collection agencies;

(i) Chapter 19.31 RCW, employment agencies;

(j) Chapter 19.105 RCW, camping resorts;

(k) Chapter 19.138 RCW, sellers of travel;

(l) Chapter 42.44 RCW, notaries public; and

(m) Chapter 64.36 RCW, timeshares.

Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for expenses incurred in carrying out these business and professions licensing activities of the department. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium.

(2) The director shall biennially prepare a budget request based on the anticipated costs of administering the business and professions licensing activities listed in subsection (1) of this section, which shall include the estimated income from these business and professions fees.


[2005 c 25 1.]

Notes: Effective date -- 2005 c 25: "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 July 1, 2005." [2005 c 25 5.]