Washington Code 18.185.110 – Unprofessional conduct
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In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct:
Terms Used In Washington Code 18.185.110
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
(1) Violating any of the provisions of this chapter or the rules adopted under this chapter;
(3) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the word, representation, or conduct of the licensee. However, this subsection (3) does not prevent a bail bond recovery agent from using any pretext to locate or apprehend a fugitive criminal defendant or gain any information regarding the fugitive;
(4) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.185.030 or 18.185.250;
(5) Conversion of any money or contract, deed, note, mortgage, or other evidence of title, to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, or other evidence of title within thirty days after the owner is entitled to possession, and makes demand for possession, shall be prima facie evidence of conversion;
(6) Failing to keep records, maintain a trust account, or return collateral or security, as required by RCW 18.185.100;
(7) Any conduct in a bail bond transaction which demonstrates bad faith, dishonesty, or untrustworthiness;
(8) Violation of an order to cease and desist that is issued by the director under chapter 18.235 RCW;
(9) Wearing, displaying, holding, or using badges not approved by the department;
(10) Making any statement that would reasonably cause another person to believe that the bail bond recovery agent is a sworn peace officer;
(11) Failing to carry a copy of the contract or to present a copy of the contract as required under RCW 18.185.270(1);
(12) Using the services of an unlicensed bail bond recovery agent or using the services of a bail bond recovery agent without issuing the proper contract;
(13) Misrepresenting or knowingly making a material misstatement or omission in the application for a license;
(14) Using the services of a person performing the functions of a bail bond recovery agent who has not been licensed by the department as required by this chapter;
(15) Performing the functions of a bail bond recovery agent without being both (a) licensed under this chapter or supervised by a licensed bail bond recovery agent under RCW 18.185.290; and (b) under contract with a bail bond agent;
(16) Performing the functions of a bail bond recovery agent without exercising due care to protect the safety of persons other than the defendant and the property of persons other than the defendant; or
(17) Using a dog in the apprehension of a fugitive criminal defendant.
NOTES:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.