rcw_number stringlengths 8 12 | title stringlengths 4 590 | text stringlengths 17 193k |
|---|---|---|
19.98.030 | Prices—How determined. | The prices of equipment and repair parts therefor, required to be paid to any dealer as provided in RCW 19.98.010 shall be determined by taking one hundred percent of the net cost of the invoiced price of equipment and ninety-five percent of the current net price of repair parts therefor as shown upon the supplier's pr... |
19.98.040 | Failure or refusal to make payments—Civil action. | In the event that any supplier of equipment and repair parts, upon cancellation or discontinuation of a contract by either a dealer or supplier, fails or refuses to make payment to such dealer as is required by RCW 19.98.010 , the supplier is liable in a civil action to be brought by the dealer for such payments as are... |
19.98.100 | Findings. | The legislature of this state finds that the retail distribution and sales of equipment, utilizing independent dealers operating under agreements with suppliers, vitally affects the general economy of the state, public interests, and public welfare and that it is necessary to regulate the business relations between the... |
19.98.120 | Violations. | It shall be a violation of this chapter for a supplier to: (1) Require or attempt to require any dealer to order or accept delivery of any equipment or parts that the dealer has not voluntarily ordered; (2) Require or attempt to require any dealer to enter into any agreement, whether written or oral, supplementary to a... |
19.98.130 | Termination, cancellation, or nonrenewal of dealer agreement—Notice. | (1) Except where a grounds for termination or nonrenewal of a dealer agreement or a substantial change in a dealer's competitive circumstances are contained in subsection (2)(a), (b), (c), (d), (e), or (f) of this section, a supplier shall give a dealer ninety days' written notice of the supplier's intent to terminate,... |
19.98.140 | Actions against suppliers—Remedies. | Any equipment dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the equipment dealer as a consequence of the supplier's violation including requiring the supplier to repurchase at fair market value any data processing hardware and specialized repair tools and ... |
19.98.150 | Successors in interest. | The obligations of any supplier under this chapter are applied to any successor in interest or assignee of the supplier. A successor in interest includes any purchaser of assets or stock, any surviving corporation resulting from merger or liquidation, and any receiver or any trustee of the original supplier.
[ 1990 c 1... |
19.98.160 | Establishment of new dealership—Supplier's duties. | When a supplier enters into an agreement to establish a new dealer or dealership or to relocate a current dealer or dealership for a particular product line or make of equipment, the supplier must give written notice of such an agreement by certified mail to all existing dealers or dealerships whose assigned area of re... |
19.98.170 | Warranty claims. | (1) In the event a warranty claim is submitted by a dealer to a supplier while a dealer agreement is in effect, or after the termination of a dealer agreement, if the claim is for work performed before the effective date of the dealer agreement termination: (a) A supplier shall fulfill any warranty agreement with each ... |
19.98.180 | Audit of warranty claims. | A supplier may not audit a dealer's records with respect to any warranty claim submitted more than one year before the audit, unless a false claim is disclosed. However, the supplier has the right to audit warranty claims submitted more than one year before the audit when the audit discloses a false claim.
[ 2002 c 236... |
19.98.190 | Civil action—Award. | (1) In the event that the supplier fails to make payment in accordance with the terms of RCW 19.98.170 or violates any other provisions of RCW 19.98.170 or 19.98.180 , a dealer may bring an action in a court of competent jurisdiction to obtain payment of a warranty claim submitted to a supplier. (2) In the event that t... |
19.98.200 | Supplier-required work. | (1) In the event a supplier requires the dealer to work on equipment to enhance the safe operation of the equipment, the supplier must reimburse the dealer for parts, labor, and transportation of equipment or personnel to perform the work on equipment covered by the requirements of the supplier. (2) In the event a supp... |
19.98.210 | Arbitration—Dealer's cause of action against supplier—Remedies not exclusive. | (1) Any party to a dealer agreement aggrieved by the conduct of the other party to the agreement with respect to the provisions of this chapter may seek arbitration of the issues involved in the decision of the other party under the provisions of *RCW 7.04.010 through 7.04.210 . The arbitration is pursuant to the comme... |
19.98.900 | Effective date—1975 1st ex.s. c 277. | This act shall take effect on January 1, 1976.
[ 1975 1st ex.s. c 277 s 6 .] |
19.98.911 | Severability—1990 c 124. | 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.
[ 1990 c 124 s 7 .] |
19.98.912 | Effective date—Application—1990 c 124. | This act shall take effect July 1, 1990, and shall apply to all dealer agreements then in effect that have no expiration date and are a continuing agreement and to all other dealer agreements entered into or renewed on or after July 1, 1990.
[ 1990 c 124 s 9 .] |
19.98.913 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
19.100.010 | Definitions. | When used in this chapter, unless the context otherwise requires: (1) "Advertisement" means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communication media published in connection with an offer or sale of a franchise. (2) "... |
19.100.020 | Unlawful in certain instances to sell or offer to sell franchise if unregistered or not exempt. | (1) It is unlawful for any franchisor or subfranchisor to sell or offer to sell any franchise in this state unless the offer of the franchise has been registered under this chapter or exempted under RCW 19.100.030 . (2) For the purpose of this section, an offer to sell a franchise is made in this state when: (a) The of... |
19.100.030 | Exemptions from registration requirements. | The registration requirements of this chapter shall not apply to: (1) The offer or sale or transfer of a franchise by a franchisee who is not an affiliate of the franchisor for the franchisee's own account if the franchisee's entire franchise is sold and the sale is not effected by or through the franchisor. A sale is ... |
19.100.040 | Application for registration—Contents—Filing. | (1) The application for registration of the offer, signed by the franchisor, subfranchisor, or by any person on whose behalf the offering is to be made, must be filed with the director and shall contain: (a) A copy of the franchisor's or subfranchisor's disclosure document which shall be prepared in compliance with gui... |
19.100.050 | Escrow or impoundment of franchise fees as registration condition—Rules or orders—Procedure to rescind. | The director may by rule or order require as a condition to the effectiveness of the registration the escrow or impound of franchise fees if he or she finds that such requirement is necessary and appropriate to protect prospective franchisees. At any time after the issuance of such rule or order under this section the ... |
19.100.060 | Registration statement—Effective, when. | If no stop order is in effect and no proceeding is pending under RCW 19.100.120 , a registration statement becomes effective at 3:00 P.M. Pacific Standard Time on the afternoon of the fifteenth business day after the filing of the registration statement or the last amendment or at such earlier time as the director dete... |
19.100.070 | Registration—Claim of exemption filing—Duration—Renewal—Supplemental report. | (1) A franchise offering shall be deemed duly registered, and a claim of exemption under RCW 19.100.030 (4)(b)(i) shall be duly filed, for a period of one year from the effective date of registration or filing unless the director by rule or order specifies a different period. (2) Registration of a franchise offer may b... |
19.100.080 | Unlawful acts—Sale of franchise—Terms of franchise agreement. | (1) It is unlawful for any person to sell a franchise that is registered or required to be registered under this chapter without first furnishing to the prospective franchisee a copy of the franchisor's current disclosure document, as described in RCW 19.100.040 and 19.100.070 , at least fourteen calendar days prior to... |
19.100.090 | Filings, registration, or finding of director—Construction. | (1) Neither (a) the fact that application for registration under this law has been filed nor (b) the fact that such registration has become effective constitutes a finding by the director that any document filed under this law is true, complete, or not misleading. Neither any such fact or the fact that an exemption is ... |
19.100.100 | Advertisements—Copy to be filed. | No person shall publish in this state any advertisements offering a franchise subject to the registration requirements of this law unless a true copy of the advertisement has been filed in the office of the director at least seven days prior to the publication or such shorter period as the director by rule or order may... |
19.100.110 | Advertisements—False or misleading—Notice—Procedure. | No person shall publish in this state any advertisement concerning a franchise subject to the registration requirements of this chapter after the director finds that the advertisement contains any statements that are false or misleading or omits to make any statement necessary in order to make the statements made, in t... |
19.100.120 | Registration statement—Stop order—Grounds. | The director may issue a stop order denying effectiveness to or suspending or revoking the effectiveness of any registration statement if he or she finds that the order is in the public interest and that: (1) The registration statement as of its effective date, or as of any earlier date in the case of an order denying ... |
19.100.130 | Registration statement—Stop order—Notice—Hearing—Modification or vacation of order. | Upon the entry of a stop order under any part of RCW 19.100.120 , the director shall promptly notify the applicant that the order has been entered and that the reasons therefor and that within fifteen days after receipt of a written request, the matter will be set down for hearing. If no hearing is requested within twe... |
19.100.140 | Registration of franchise brokers required. | (1) It is unlawful for any franchise broker to offer to sell or sell a franchise in this state unless the franchise broker is registered under this chapter. It is unlawful for any franchisor, subfranchisor, or franchisee to employ a franchise broker unless the franchise broker is registered. (2) The franchise broker sh... |
19.100.150 | Records and accounts—Reports. | Every person offering franchises for sale shall at all times keep and maintain a complete set of books, records, and accounts of such and the disposition of the proceeds thereof and shall thereafter at such times as are required by the director make and file in the office of the director a report setting forth the fran... |
19.100.160 | Application of chapter—Jurisdiction—Service of process—Consent. | Any person who is engaged or hereafter engaged directly or indirectly in the sale or offer to sell a franchise or a subfranchise or in business dealings concerning a franchise, either in person or in any other form of communication, shall be subject to the provisions of this chapter, shall be amenable to the jurisdicti... |
19.100.170 | Violations. | It is unlawful for any person in connection with the offer, sale, or purchase of any franchise or subfranchise in this state directly or indirectly: (1) To make any untrue statement of a material fact in any application, notice, or report filed with the director under this law or willfully to omit to state in any appli... |
19.100.180 | Relation between franchisor and franchisee—Rights and prohibitions. | Without limiting the other provisions of this chapter, the following specific rights and prohibitions shall govern the relation between the franchisor or subfranchisor and the franchisees: (1) The parties shall deal with each other in good faith. (2) For the purposes of this chapter and without limiting its general app... |
19.100.184 | Terms and conditions from negotiations initiated by franchisee. | This chapter does not preclude negotiation of the terms and conditions of a franchise at the initiative of the franchisee, provided that such negotiated terms and conditions do not violate any provision of this chapter. After the initial offer to a franchisee using the disclosure document required by RCW 19.100.030 , 1... |
19.100.190 | Unfair or deceptive acts—Suits for damages—Violations of other acts, use in evidence. | (1) The commission of any unfair or deceptive acts or practices or unfair methods of competition prohibited by RCW 19.100.180 as now or hereafter amended shall constitute an unfair or deceptive act or practice under the provisions of chapter 19.86 RCW. (2) Any person who sells or offers to sell a franchise in violation... |
19.100.200 | Pendency of other proceedings tolls limitation of action. | The pendency of any civil, criminal, or administrative proceedings against a person brought by the federal or Washington state governments or any of their agencies under the anti-trust laws, the Federal Trade Commission Act, the Consumer Protection Act, or any federal or state act related to anti-trust laws or to franc... |
19.100.210 | Violations—Injunctions—Assurance of discontinuance—Civil and criminal penalties—Chapter nonexclusive. | (1) The attorney general or director may bring an action in the name of the state against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiv... |
19.100.220 | Exceptions or exemptions—Burden of proof—Waivers of compliance void—Settlement release or waiver—Chapter as fundamental policy. | (1) In any proceeding under this chapter, the burden of proving an exception from a definition or an exemption from registration is upon the person claiming it. (2) Any agreement, condition, stipulation or provision, including a choice of law provision, purporting to bind any person to waive compliance with any provisi... |
19.100.230 | Referral of evidence to attorney general or prosecuting attorney. | The director may refer such evidence as may be available concerning violations of this chapter or any rule or order hereunder to the attorney general or the proper prosecuting attorney who may in his or her discretion with or without such a reference institute the appropriate criminal proceeding under this chapter.
[ 2... |
19.100.240 | Fees. | The director shall charge and collect fees fixed by this section. All fees collected under this chapter shall be deposited in the state treasury and shall not be refundable except as herein provided: (1) The fee for filing an application for registration on the sale of franchise under RCW 19.100.040 is six hundred doll... |
19.100.242 | Investigations by director. | The director, in the director's discretion, may: (1) Annually, or more frequently, make such public or private investigations within or without this state as the director deems necessary to determine whether any registration should be granted, denied, revoked, or suspended, or whether any person has violated or is abou... |
19.100.243 | Subpoena authority—Application—Contents—Notice—Fees. | (1) The director or authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are loc... |
19.100.245 | Investigatory powers—Proceedings for contempt. | For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or othe... |
19.100.248 | Cease and desist orders. | If it appears to the director that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule adopted or order issued under this chapter, the director may, in the director's discretion, issue an order directing the person to cease and desist from c... |
19.100.250 | Powers of director as to rules, forms, orders and defining terms—Interpretive opinions. | The director may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this chapter including rules and forms governing applications and reports and defining any terms whether or not used in this chapter insofar as the definitions are consistent with th... |
19.100.252 | Denial, suspension, or revocation of franchise broker by director. | The director may by order deny, suspend, or revoke registration of any franchise broker if the director finds that the order is in the public interest and that the applicant or registrant, or any partner, officer, or director of the applicant or registrant: (1) Has filed an application for registration as a franchise b... |
19.100.255 | Denial, suspension, or revocation of exemption by director. | The director may by order deny, suspend, or revoke any exemption from registration otherwise available under RCW 19.100.030 for the offer or sale of the franchise if he or she finds that the order is in the public interest and that: (1) Any provision of this chapter or any rule or order or condition lawfully imposed un... |
19.100.260 | Applicability of administrative procedure act. | The administrative procedure act, chapter 34.05 RCW, shall wherever applicable herein govern the rights, remedies, and procedures respecting the administration of this chapter.
[ 1971 ex.s. c 252 s 26 .] |
19.100.270 | Administrator of securities. | The director shall appoint a competent person to administer this chapter who shall be designated administrator of securities. The director shall delegate to the administrator such powers, subject to the authority of the director, as may be necessary to carry out the provisions of this chapter. The administrator shall h... |
19.100.900 | Chapter applicable to existing and future franchises and contracts. | The provisions of this chapter shall be applicable to all franchises and contracts existing between franchisors and franchisees and to all future franchises and contracts.
[ 1971 ex.s. c 252 s 28 .] |
19.100.910 | Chapter cumulative and nonexclusive. | The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law.
[ 1971 ex.s. c 252 s 29 .] |
19.100.920 | Effective date—1971 ex.s. c 252. | This act shall become effective May 1, 1972: PROVIDED, That the director is authorized and empowered to undertake and perform duties and conduct activities necessary for the implementation of this act prior to that date.
[ 1971 ex.s. c 252 s 30 .] |
19.100.940 | Short title. | This chapter shall be known and designated as the "Franchise Investment Protection Act".
[ 1971 ex.s. c 252 s 32 .] |
19.105.300 | Definitions. | As used in this chapter, unless the context clearly requires otherwise: (1) "Camping resort" means any enterprise, other than one that is tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, that has as its primary purpose the ownership, operation, or promotion of campgrounds that includ... |
19.105.310 | Unlawful to offer or sell contract unless contract registered—Exemptions. | Except in transactions exempt under RCW 19.105.325 , it is unlawful for any person to market, offer, or sell a camping resort contract in this state or to a Washington state resident unless the camping resort contract is registered and the operator or registrant has received a permit to market the registered contracts ... |
19.105.320 | Registration—Filings required upon application—Waiver. | (1) To apply for registration an applicant shall file with the director: (a) An application for registration on such a form as may be prescribed by the director. The director may, by rule or order, prescribe the contents of the application to include information (including financial statements) reasonably necessary for... |
19.105.325 | Exemptions from chapter. | (1) The following transactions are exempt from registration under this chapter: (a) An offer or sale by a government or governmental agency; (b) A bona fide pledge of a camping resort contract; and (c) Offerings and dispositions of up to three resale camping resort contracts by purchasers thereof on their own behalf or... |
19.105.330 | Registration—Effective, when—Completed form of application required. | (1) Unless an order denying effectiveness under RCW 19.105.380 is in effect, or unless declared effective by order of the director prior thereto, the application for registration shall automatically become effective upon the expiration of the twentieth full business day following a filing with the director in complete ... |
19.105.333 | Signature of operator, trustee, or holder of power of attorney required on application documentation. | Applications, consents to service, all affidavits required in connection with applications, and all final permits to market shall be signed by the operator, unless a trustee or power of attorney specifically granted such powers has signed on behalf of the operator. If a power of attorney or trustee signature is used, t... |
19.105.336 | Availability of campgrounds to contract purchasers—Blanket encumbrances—Penalty for noncompliance. | (1) With respect to every campground located within the state which was not made available to purchasers of camping resort contracts prior to June 20, 1988, and with respect to any new blanket encumbrance placed against any campground in this state or any prior blanket encumbrance against any campground in this state w... |
19.105.340 | Impounding proceeds from contract sales—Conditional release of impounded funds—Funds not subject to lien—No assignment of impounded or reserved assets. | (1) If the director finds that the applicant or registrant has not by other means assured future availability to and quiet enjoyment of the campgrounds and facilities, as required under this chapter, the director may, notwithstanding the provisions of RCW 19.105.336 , require impoundment of the funds or membership rece... |
19.105.345 | Persons licensed under chapter18.85RCW exempt from salesperson registration requirements. | Persons licensed under chapter 18.85 RCW are exempt from the camping resort salesperson registration requirements of this chapter for camping resort contracts offered through the licensed brokerage.
[ 1988 c 159 s 9 .] |
19.105.350 | Director may require reserve fund by order—Actions against a registration. | (1) If the purchaser will own or acquire title to specified real property or improvements to be acquired by the camping resort, the director may by order require to the extent necessary to protect the interests of the purchasers or owners of camping resort contracts, that an appropriate portion of the proceeds paid und... |
19.105.360 | Filing of sales literature, contract form, disclosure supplements. | The camping resort operator or other registrant of offerings of camping resort contracts shall file with the director at least five business days prior to the first use thereof in the state of Washington (1) the proposed text of all advertisements and sales promotion literature, (2) its proposed form of camping resort ... |
19.105.365 | Advertising promises of free gifts, awards, or prizes—Provision of gift or substitute—Security arrangements after violation—Advance fees placed in trust—Membership referral programs considered promotional programs. | (1) It is unlawful for a camping resort operator or other person, in connection with an advertisement or offer for sale of a camping resort contract in this state, to promise or offer a free gift, award, prize, or other item of value if the operator or person knows or has reason to know that the offered item is unavail... |
19.105.370 | Purchaser to receive written disclosures from operator or department—Exemptions. | Except in a transaction exempt under RCW 19.105.325 , any operator who offers or sells camping resort contracts in this state shall provide the prospective purchaser with the written disclosures required to be filed under RCW 19.105.320 (1)(b) in a form that is materially accurate and complete before the prospective pu... |
19.105.380 | Unprofessional conduct/disciplinary action—Grounds—Liability for administrative and legal costs—Assurances of discontinuance—Support order, noncompliance. | (1) In addition to the unprofessional conduct in RCW 18.235.130 , the director may take disciplinary action for the following conduct, acts, or conditions: (a) The applicant, registrant, or affiliate has failed to file copies of the camping resort contract form under RCW 19.105.360 ; (b) The applicant, registrant, or a... |
19.105.390 | Resort contracts—Purchaser's cancellation—Notice—Statement of right to cancel. | Any camping resort contract may be canceled at the option of the purchaser, if the purchaser sends notice of the cancellation by certified mail (return receipt requested) to the camping resort operator at the address contained in the camping resort contract and if the notice is postmarked not later than midnight of the... |
19.105.400 | Resort contracts—Voidable—Estoppel. | Any camping resort contract entered into in violation of this chapter may be voided by the purchaser and the purchaser's entire consideration recovered at the option of the purchaser, but no suit under this section may be brought after two years from the date the contract is signed.
[ 1988 c 159 s 16 ; 1982 c 69 s 11 ... |
19.105.405 | Purchaser lists—Authorized uses. | (1) The legislature recognizes the proprietary interest camping resort operators have in purchaser lists. The legislature also recognizes that purchasers of camping resort contracts have a legitimate interest in being able to contact other resort purchasers for the purpose of forming a members' association. In balancin... |
19.105.411 | Fees. | Applicants or registrants under this chapter shall pay fees determined by the director as provided in RCW 43.24.086 . The fees shall be prepaid and the director may determine fees for the following activities or events: (1) A fee for the initial application and an additional fee for each camping resort contract registe... |
19.105.420 | Resort contracts—Registration, duration—Renewal, amendment—Renewal of prior permits. | A registration of camping resort contracts shall be effective for a period of one year and may, upon application, be renewed for successive periods of one year each, unless the director prescribes a shorter period for a permit or registration. A camping resort contract registration shall be amended if there is to be an... |
19.105.430 | Unlawful to act as salesperson without registering—Exemptions. | Unless the transaction is exempt under RCW 19.105.325 , it is unlawful for any person to act as a camping resort salesperson in this state without first registering under this chapter as a salesperson or being licensed as a salesperson under chapter 18.85 RCW or a broker licensed under that chapter.
[ 1988 c 159 s 20 ;... |
19.105.440 | Registration as salesperson—Application—Unprofessional conduct—Assurances of discontinuance—Renewal of registration—Support order, noncompliance. | (1) A salesperson may apply for registration by filing in a complete and readable form with the director an application form provided by the director that includes the following: (a) A statement whether or not the applicant has been found to have engaged in any violation of any act designed to protect consumers and whe... |
19.105.450 | Investigations—Scope—Publishing information. | The director may make such public or private investigations or may make such requests for information, within or without this state, as the director deems necessary to determine whether any registration should be granted, denied, suspended, or revoked, or a fine imposed, or whether any person has violated or is about t... |
19.105.470 | Cease and desist orders—Utilizing temporary order, injunction, restraining order, or writ of mandamus. | (1) Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, any withdrawal of a camping resort property in violation of RCW 19.105.380 (1)(o), or any rule, order, or permit issued under this chapter, the dire... |
19.105.480 | Violations—As gross misdemeanors—Statute of limitations. | (1) Any person who willfully fails to register an offering of camping resort contracts under this chapter is guilty of a gross misdemeanor. (2) It is a gross misdemeanor for any person in connection with the offer or sale of any camping resort contracts willfully and knowingly: (a) To make any untrue or misleading stat... |
19.105.490 | Violations—Referral to attorney general or prosecuting attorney. | The director may refer such evidence as may be available concerning violations of this chapter or of any rule or order under this chapter to the attorney general or the proper prosecuting attorney who may in his or her discretion, with or without such a reference, institute the appropriate civil or criminal proceedings... |
19.105.500 | Violations—Application of consumer protection act. | For the purposes of application of the consumer protection act, chapter 19.86 RCW, any material violation of the provisions of this chapter shall be construed to constitute an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce.
[ 1982 c 69 s 21 .] |
19.105.510 | Resort contracts—Nonapplicability of certain laws—County and city powers. | Camping resort contracts registered under this chapter are exempt from the provisions of chapters 21.20 and * 58.19 RCW and any act in this state regulating the offer and sale of land developments, real estate cooperatives, or time shares. Nothing in this chapter prevents counties or cities from enacting ordinances or ... |
19.105.520 | Unlawful to represent director's administrative approval as determination as to merits of resort—Penalty. | (1) Neither the fact that an application for registration nor the written disclosures required by this chapter have been filed, nor the fact that a camping resort contract offering has been effectively registered or exempted, constitutes a finding by the director that the offering or any document filed under this chapt... |
19.105.530 | Rules, forms, orders—Administration of chapter. | (1) The director may make, amend, and repeal rules, forms, and orders when necessary to carry out the provisions of this chapter. (2) The director may appoint those persons within the department deemed necessary to administer this chapter. The director may delegate to such persons any powers, subject to the authority o... |
19.105.540 | Administrative procedure act application. | Chapter 34.05 RCW shall apply to any administrative procedures carried out by the director under this chapter unless otherwise provided in this chapter.
[ 1982 c 69 s 26 .] |
19.105.550 | Administration. | This chapter shall be administered by the director of licensing.
[ 1982 c 69 s 27 .] |
19.105.560 | Uniform regulation of business and professions act. | The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 s 276 .]
Effective dates — 2002 c 86: See note following RCW 18.08.340 .
Part headings not law — Severability — 20... |
19.105.570 | Military training or experience. | An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 351 s 17 .] |
19.105.571 | Spouses of military personnel—Registration. | The director shall develop rules consistent with RCW 18.340.020 for the registration of spouses of military personnel.
[ 2011 2nd sp.s. c 5 s 5 .]
Implementation — 2011 2nd sp.s. c 5: See note following RCW 18.340.010 . |
19.105.910 | Construction—Chapter as cumulative and nonexclusive. | Except as specifically provided in RCW 19.105.510 , the provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law.
[ 1982 c 69 s 23 .] |
19.105.930 | Effective date—1982 c 69. | This act shall take effect on November 1, 1982.
[ 1982 c 69 s 32 .] |
19.108.010 | Definitions. | Unless the context clearly requires otherwise, the definitions set forth in this section apply throughout this chapter. (1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; (2) "Misappropriation" ... |
19.108.020 | Remedies for misappropriation—Injunction, royalty. | (1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derive... |
19.108.030 | Remedies for misappropriation—Damages. | (1) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss. (2) If wilful and malicious misap... |
19.108.040 | Award of attorney's fees. | If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or wilful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
[ 1981 c 286 s 4 .] |
19.108.050 | Court orders to preserve secrecy of alleged trade secrets. | In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not... |
19.108.060 | Actions for misappropriation—Time limitation. | An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
[ 1981 c 286 s 6 .] |
19.108.900 | Effect of chapter on other law. | (1) This chapter displaces conflicting tort, restitutionary, and other law of this state pertaining to civil liability for misappropriation of a trade secret. (2) This chapter does not affect: (a) Contractual or other civil liability or relief that is not based upon misappropriation of a trade secret; or (b) Criminal l... |
19.108.910 | Construction of uniform act. | This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[ 1981 c 286 s 8 .] |
19.108.920 | Short title. | This chapter may be known and cited as the uniform trade secrets act.
[ 1981 c 286 s 9 .] |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.