RCW 48.17.063
Unlicensed activities -- Acts committed in this
state--Sanctions. (Effective until July 1, 2009.)
(1) As used
in this section, "person" has the same meaning as in RCW 48.01.070.
(2) For the purpose of this section, an act is committed in
this state if it is committed, in whole or in part, in the state
of Washington, or affects persons or property within the state
and relates to or involves an insurance contract, health care
services contract, or health maintenance agreement.
(3) Any person who knowingly violates RCW 48.17.060(1) is
guilty of a class B felony punishable under chapter 9A.20 RCW.
(4) Any person who knowingly violates RCW 48.17.060(2) is
guilty of a class B felony punishable under chapter 9A.20 RCW.
(5) Any criminal penalty imposed under this section is in
addition to, and not in lieu of, any other civil or
administrative penalty or sanction otherwise authorized under
state law.
(6)(a) If the commissioner has cause to believe that any
person has violated the provisions of RCW 48.17.060 (1) or (2),
the commissioner may:
(i) Issue and enforce a cease and desist order in accordance
with the provisions of RCW 48.02.080;
(ii) Suspend or revoke a license; and/or
(iii) Assess a civil penalty of not more than twenty-five
thousand dollars for each violation, after providing notice and
an opportunity for a hearing in accordance with chapters 34.05 and 48.04 RCW.
(b) Upon failure to pay a civil penalty when due, the
attorney general may bring a civil action on behalf of the
commissioner to recover the unpaid penalty. Any amounts
collected by the commissioner must be paid to the state treasurer
for the account of the general fund.
[2003 c 250 § 5.]
NOTES:
Severability -- 2003 c 250: See note following RCW 48.01.080.
RCW 48.17.063
Unlicensed activities -- Acts committed in this
state--Sanctions. (Effective July 1, 2009.)
(1) For the purpose
of this section, an act is committed in this state if it is
committed, in whole or in part, in the state of Washington, or
affects persons or property within the state and relates to or
involves an insurance contract, health care services contract, or
health maintenance agreement.
(2) Any person who knowingly violates RCW 48.17.060 is
guilty of a class B felony punishable under chapter 9A.20 RCW.
(3) Any criminal penalty imposed under this section is in
addition to, and not in lieu of, any other civil or
administrative penalty or sanction otherwise authorized under
state law.
(4)(a) If the commissioner has cause to believe that any
person has violated the provisions of RCW 48.17.060, the
commissioner may:
(i) Issue and enforce a cease and desist order in accordance
with the provisions of RCW 48.02.080;
(ii) Suspend or revoke a license; and/or
(iii) Assess a civil penalty of not more than twenty-five
thousand dollars for each violation, after providing notice and
an opportunity for a hearing in accordance with chapters 34.05 and 48.04 RCW.
(b) Upon failure to pay a civil penalty when due, the
attorney general may bring a civil action on behalf of the
commissioner to recover the unpaid penalty. Any amounts
collected by the commissioner must be paid to the state treasurer
for the account of the general fund.
[2007 c 117 § 4; 2003 c 250 § 5.]
NOTES:
Severability -- 2003 c 250: See note following RCW 48.01.080.