(1) The department of licensing may issue a whitewater river outfitter's license to an applicant who submits a completed application, pays the required fee, and complies with the requirements of this section.

     (2) An applicant for a whitewater river outfitter's license shall make application upon a form provided by the department of licensing. The form must be submitted annually and include the following information:

     (a) The name, residence address, and residence telephone number, and the business name, address, and telephone number of the applicant;

     (b) Certification that all employees, subcontractors, or independent contractors hired as guides meet training standards under RCW 79A.60.430 before carrying any passengers for hire;

     (c) Proof that the applicant has liability insurance for a minimum of three hundred thousand dollars per claim for occurrences by the applicant and the applicant's employees that result in bodily injury or property damage. All guides must be covered by the applicant's insurance policy;

     (d) Certification that the applicant will maintain the insurance for a period of not less than one year from the date of issuance of the license; and

     (e) Certification by the applicant that for a period of not less than twenty-four months immediately preceding the application the applicant:

     (i) Has not had a license, permit, or certificate to carry passengers for hire on a river revoked by another state or by an agency of the government of the United States due to a conviction for a violation of safety or insurance coverage requirements no more stringent than the requirements of this chapter; and

     (ii) Has not been denied the right to apply for a license, permit, or certificate to carry passengers for hire on a river by another state.

     (3) The department of licensing shall charge a fee for each application, to be set in accordance with RCW 43.24.086.

     (4) Any person advertising or representing himself or herself as a whitewater river outfitter who is not currently licensed is guilty of a gross misdemeanor.

     (5) The department of licensing shall submit annually a list of licensed persons and companies to the department of community, trade, and economic development, tourism promotion division.

     (6) If an insurance company cancels or refuses to renew insurance for a licensee, the insurance company shall notify the department of licensing in writing of the termination of coverage and its effective date not less than thirty days before the effective date of termination.

     (a) Upon receipt of an insurance company termination notice, the department of licensing shall send written notice to the licensee that on the effective date of termination the department of licensing will suspend the license unless proof of insurance as required by this section is filed with the department of licensing before the effective date of the termination.

     (b) If an insurance company fails to give notice of coverage termination, this failure shall not have the effect of continuing the coverage.

     (c) The department of licensing may sanction a license under RCW 18.235.110 if the licensee fails to maintain in full force and effect the insurance required by this section.

     (7) The state of Washington shall be immune from any civil action arising from the issuance of a license under this section.

[2002 c 86 § 327; 2000 c 11 § 109; 1997 c 391 § 7; 1995 c 399 § 216; 1986 c 217 § 11. Formerly RCW 88.12.275, 88.12.320, and 91.14.090.]

NOTES:

     Effective dates -- 2002 c 86: See note following RCW 18.08.340.

     Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903.

     Effective date -- 1997 c 391 §§ 2, 4, 5, 7, and 8: See note following RCW 79A.60.410.