Wash. Admin. Code § 208-620-371

Current through Register Vol. 24-21, November 1, 2024
Section 208-620-371 - May I employ someone to work with Washington residents or Washington property who has been convicted of a gross misdemeanor or felony, or who has had a financial services-related license revoked or suspended?

No.

(1) Pursuant to RCW 31.04.093(6), the director may prohibit any officer, principal, or employee from participating in the affairs of any licensee if that officer, principal, or employee has been convicted of or pled guilty or nolo contendere to:
(a) A gross misdemeanor involving dishonesty or financial misconduct; or
(b) A felony in a domestic, foreign, or military court:
(i) During the seven-year period preceding the date of the proposed employment; or
(ii) At any time preceding the date of the proposed employment, if the felony involved an act of fraud, dishonesty, breach of trust, or money laundering.
(2) For purposes of this section, "participating in the affairs of any licensee" means an officer, principal, or employee or independent contractor who will or does originate loans, supervise employees or independent contractors, or manage the loan production or other activities of the licensee.
(3) Additionally, the director may prohibit participation in the affairs of the licensee by any officer, principal, or employee or independent contractor, or person subject to the act, who has had a license to provide financial services revoked or suspended in this state or any state.
(4) The department considers it to be a deceptive practice in violation of RCW 31.04.027(2) for any licensee to employ an officer, principal, or employee or independent contractor to conduct any of the activities described in subsection (3) of this section without first conducting a background check.

Wash. Admin. Code § 208-620-371

Amended by WSR 13-24-024, filed 11/22/13, effective 1/1/2014
Amended by WSR 16-08-026, Filed 3/30/2016, effective 4/30/2016
Amended by WSR 18-24-013, Filed 11/27/2018, effective 1/1/2019

Statutory Authority: RCW 43.320.040, 31.04.165 and 2010 c 35. 10-20-122, § 208-620-371, filed 10/5/10, effective 11/5/10. Statutory Authority: RCW 43.320.040, 31.04.165, 2009 c 120, and 2009 c 149. 09-24-090, § 208-620-371, filed 12/1/09, effective 1/1/10.