(1) To obtain or retain a license, a certification authority must:

     (a) Provide proof of identity to the secretary;

     (b) Employ only certified operative personnel in appropriate positions;

     (c) File with the secretary an appropriate, suitable guaranty, unless the certification authority is a city or county that is self-insured or the department of information services;

     (d) Use a trustworthy system;

     (e) Maintain an office in this state or have established a registered agent for service of process in this state; and

     (f) Comply with all further licensing and practice requirements established by rule by the secretary.

     (2) The secretary may by rule create license classifications according to specified limitations, and the secretary may issue licenses restricted according to the limits of each classification.

     (3) The secretary may impose license restrictions specific to the practices of an individual certification authority. The secretary shall set forth in writing and maintain as part of the certification authority's license application file the basis for such license restrictions.

     (4) The secretary may revoke or suspend a certification authority's license, in accordance with the administrative procedure act, chapter 34.05 RCW, for failure to comply with this chapter or for failure to remain qualified under subsection (1) of this section. The secretary may order the summary suspension of a license pending proceedings for revocation or other action, which must be promptly instituted and determined, if the secretary includes within a written order a finding that the certification authority has either:

     (a) Utilized its license in the commission of a violation of a state or federal criminal statute or of chapter 19.86 RCW; or

     (b) Engaged in conduct giving rise to a serious risk of loss to public or private parties if the license is not immediately suspended.

     (5) The secretary may recognize by rule the licensing or authorization of certification authorities by other governmental entities, in whole or in part, provided that those licensing or authorization requirements are substantially similar to those of this state. If licensing by another government is so recognized:

     (a) RCW 19.34.300 through 19.34.350 apply to certificates issued by the certification authorities licensed or authorized by that government in the same manner as it applies to licensed certification authorities of this state; and

     (b) The liability limits of RCW 19.34.280 apply to the certification authorities licensed or authorized by that government in the same manner as they apply to licensed certification authorities of this state.

     (6) A certification authority that has not obtained a license is not subject to the provisions of this chapter, except as specifically provided.

[1999 c 287 § 5; 1998 c 33 § 1; 1997 c 27 § 3; 1996 c 250 § 201.]

NOTES:

     Effective date -- 1999 c 287: See note following RCW 19.34.010.

     Effective date -- Severability -- 1997 c 27: See notes following RCW 19.34.030.