WAC 296-200A-015
What terms do I need to know to
understand this chapter? For the purposes of this chapter,
the following terms and definitions are important:
"Administrative law judge" is any person appointed by the
chief administrative law judge (as defined in RCW 34.12.020(2)) to preside at a notice of infraction appeal
hearing convened under chapter 18.27 RCW and this chapter.
"Appeal bond" is a certified check or money order in the
amount prescribed under RCW 18.27.250 made payable to the
Washington state department of labor and industries.
"Appeal hearing" is any proceeding in which an
administrative law judge is empowered to determine legal
rights, duties or privileges of specific parties on behalf of
the director.
"Applicant" is any person, firm, corporation or other
entity applying to become a registered contractor according to
chapter 18.27 RCW and this chapter. Applicant includes all
principal officer(s), members, partners of a partnership,
firm, corporation, or other entity named on the application.
"Citation" means the same as "infraction."
"Compliance inspector" refers to the departmental staff
responsible for investigating potential violations of chapter 18.27 RCW and this chapter.
"Consultant" means any person, individual, firm, agent or
other entity who directs, controls or monitors construction
activities for a property owner. A general contractor
registration is required. A licensed professional acting in
the capacity of their license is exempt from registration.
"Contractor compliance chief" refers to the person
designated by the director to address all policy and technical
issues related to chapter 18.27 RCW and this chapter.
"Department" refers to the department of labor and
industries.
"Developer" means any person, firm, corporation or other
entity that undertakes:
• The subdivision or development of land for residential
purposes; or
• The construction or reconstruction of one or more
residential units.
A general contractor registration is required.
"Director" refers to the director of the department of
labor and industries or the director's designee acting in the
place of the director.
"Final judgment" means any money that is owed to a
claimant as a result of court action against or settlement
with a contractor and/or contractor's bond or assigned savings
account with the department or any money that is owed the
department as a result of a contractor's unsuccessful appeal
of an infraction. Final judgment also includes any penalties
assessed against the contractor and owed the department as a
result of an infraction or notice of correction that has not
been appealed, final tax warrants or any delinquent fees or
penalties due.
"Final tax warrant" is a document used by the department
to establish the debt of a tax payer.
"Infraction" means a violation of chapter 18.27 RCW and
this chapter as cited by the chief contractor compliance
inspector or the department's construction compliance
inspectors. The notice of infraction also serves as a notice
of assessment.
"Mobile/manufactured home dealer" is a vehicle dealer
that deals in mobile homes, park trailers, or travel trailers,
or more than one type of these vehicles and licensed as
required under chapter 46.70 RCW.
"On-premise sign" means a sign at a permanent place of
business or a sign placed at a job location while the
registered contractor is working at the site. A sign left at
a work site after a contractor has left is not an "on-premise"
sign and must contain the registered contractor's registration
number.
"Property management company" means any person, firm or
other entity that in the pursuit of a property management
business advertises, bids/offers, or performs construction,
maintenance or repair services with their own employees on
property not owned by the property management company. A
general contractor registration is required.
"Renewal" or "renewed" means the renewal of a
contractor's registration before it expires.
"Reinstatement" or "reinstated" means the reinstatement
of a contractor's registration after the registration has
expired, or has been suspended, or been revoked.
"Reregistration" or "reregister" means an update to a
contractor's registration because of business structure
change.
"Secured contractor" is a contractor who has complied
with RCW 18.27.040 by assigning to the department a savings
account held in a Washington state bank, or by filing with the
department a surety bond.
"Security" is a savings account held in a Washington
state bank and assigned to the department in lieu of a surety
bond.
"Unregistered contractor" means a person, firm,
corporation or other entity working as a contractor without
being registered in compliance with chapter 18.27 RCW and this
chapter.
"Unsatisfied final judgment" means a judgment that has
not been satisfied either through payment, court approved
settlement, discharge in bankruptcy, or assignment under RCW 19.72.070.
[Statutory Authority: Chapter 18.27 RCW, 2011 c 15, and 2011
c 301. 11-23-140, § 296-200A-015, filed 11/22/11, effective
12/31/11. Statutory Authority: Chapter 18.27 RCW and 2008 c
120. 09-10-079, § 296-200A-015, filed 5/5/09, effective
6/5/09. Statutory Authority: Chapter 18.27 RCW and 2007 c
436. 08-16-091, § 296-200A-015, filed 8/4/08, effective
9/4/08. Statutory Authority: RCW 18.27.040, 18.27.070,
18.27.075, 18.27.125, 2001 c 159, and chapter 18.27 RCW. 03-20-097, § 296-200A-015, filed 9/30/03, effective 11/17/03. Statutory Authority: Chapter 18.27 RCW. 97-24-071, §
296-200A-015, filed 12/2/97, effective 1/5/98.]