Revised Code of Washington

Wash. Rev. Code § 18.235.130 (2026)

✓ current as of May 2026

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The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:

(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession or operation of the person's business, whether the act constitutes a crime or not. At the disciplinary hearing a certified copy of a final holding of any court of competent jurisdiction is conclusive evidence of the conduct of the license holder or applicant upon which a conviction or the final holding is based. Upon a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this subsection abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;

(2) Misrepresentation or concealment of a material fact in obtaining or renewing a license or in reinstatement thereof;

(3) Advertising that is false, deceptive, or misleading;

(4) Incompetence, negligence, or malpractice that results in harm or damage to another or that creates an unreasonable risk of harm or damage to another;

(5) The suspension, revocation, or restriction of a license to engage in any business or profession by competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or agreement is conclusive evidence of the revocation, suspension, or restriction;

(6) Failure to cooperate with the disciplinary authority in the course of an investigation, audit, or inspection authorized by law by:

(a) Not furnishing any papers or documents requested by the disciplinary authority;

(b) Not furnishing in writing an explanation covering the matter contained in a complaint when requested by the disciplinary authority;

(c) Not responding to a subpoena issued by the disciplinary authority, whether or not the recipient of the subpoena is the accused in the proceeding; or

(d) Not providing authorized access, during regular business hours, to representatives of the disciplinary authority conducting an investigation, inspection, or audit at facilities utilized by the license holder or applicant;

(7) Failure to comply with an order issued by the disciplinary authority;

(8) Violating any of the provisions of this chapter or the chapters specified in RCW 18.235.020(2) or any rules made by the disciplinary authority under the chapters specified in RCW 18.235.020(2);

(9) Aiding or abetting an unlicensed person to practice or operate a business or profession when a license is required;

(10) Practice or operation of a business or profession beyond the scope of practice or operation as defined by law or rule;

(11) Misrepresentation in any aspect of the conduct of the business or profession;

(12) Failure to adequately supervise or oversee auxiliary staff, whether employees or contractors, to the extent that consumers may be harmed or damaged;

(13) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession or operation of the person's business. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this subsection abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;

(14) Interference with an investigation or disciplinary action by willful misrepresentation of facts before the disciplinary authority or its authorized representatives, or by the use of threats or harassment against any consumer or witness to discourage them from providing evidence in a disciplinary action or any other legal action, or by the use of financial inducements to any consumer or witness to prevent or attempt to prevent him or her from providing evidence in a disciplinary action; and

(15) Engaging in unlicensed practice as defined in RCW 18.235.010.

[ 2007 c 256 s 19; 2002 c 86 s 114.]

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 2011–2024 · leading case: Cummings v. Dep't of Licensing, 355 P.3d 1155 (Wash. Ct. App. 2015).

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Cummings v. Dep't of Licensing, 355 P.3d 1155 (Wash. Ct. App. 2015). · cites it 17× “160(11) and RCW 18.235.130(1), (4), (8), and (10). The Department requested sanctions of an eight year revocation of Cummings’s private investigator license and her private investigator agency principal license.”

Southwick, Inc. v. Wash. State, 426 P.3d 693 (Wash. 2018). · cites it 10× “^ The Department later amended its statement of charges, withdrawing its alleged violation of this statute and adding a violation of RCW 18.235.130(8) for unprofessional conduct.”

Ritter v. Bd. of Reg. for Prof'l Engineers & Land Surveyors, 161 Wash. App. 758 (Wash. Ct. App. 2011). · cites it 12× “The Board alleged that based solely on his child molestation convictions, Ritter had committed unprofessional conduct under RCW 18.235.130(1) and RCW 18.43.105(10). ¶5 The Board argued that a professional engineer makes essential decisions that affect the health, safety, and…”

Ritter v. State, Bd. of Reg., 255 P.3d 799 (Wash. Ct. App. 2011). · cites it 12× “The Board alleged that, based solely on his child molestation convictions, Ritter had committed unprofessional conduct under RCW 18.235.130(1) and RCW 18.43.105(10). ¶ 5 The Board argued that a professional engineer makes essential decisions that affect the health, safety, and…”

Kirby v. Emp. Sec. Dep't, 342 P.3d 1151 (Wash. Ct. App. 2014). “RCW 18.235.130(4). RCW 50.04.294(l)(d). WAC 192-150-205(3).”

Hickethier v. State Dept. of Licensing, 244 P.3d 1010 (Wash. Ct. App. 2011). · cites it 5× “RCW 18.235.130(4). ¶ 17 Ms. Hickethier and Ms.”

Hickethier v. Dep't of Licensing, 159 Wash. App. 203 (Wash. Ct. App. 2011). · cites it 3× “RCW 18.235.130(4). ¶17 Ms. Hickethier and Ms.”

Pac. Boring, Inc. v. Staheli Trenchless Consultants, Inc., 138 F. Supp. 3d 1156 (W.D. Wash. 2015). “and RCW 18.235.130; WAC 196-27A-020(l)(a); WAC 196-27A-020(l)(b); WAC 196-27A-020(l)(e); WAC 196-27A-020(l)(f).”

Hanks v. Grace, 273 P.3d 1029 (Wash. Ct. App. 2012). “15 RCW 18.235.130(4). 16 We note the parties analyze this issue in the context of Marshall and do not address Wagenblast .”

Lisa Cummings, Dba Mod Investigations v. Wa State Dep't Of Licensing (Wash. Ct. App. 2015). · cites it 16× “160(11) and RCW 18.235.130(1), (4), (8), and (10). The Department requested sanctions of an eight year revocation of Cummings's private investigator license and her private investigator agency principal license.”

Southwick, Inc., V State Dept Of Licensing Bus. & Professions Div (Wash. Ct. App. 2017). · cites it 4× “The presiding officer granted partial summary in favor of the Department based on the following conclusions of law: 3 RCW 18.235.130 defines unprofessional conduct that may be sanctioned including: “Violating any of the provisions of this chapter or the chapters specified in RCW…”

Michael Scott Maclay v. State Of Washington, Dep't of Licensing (Wash. Ct. App. 2014). · cites it 4× “The initial investigation also determined that the filing of this lien violated RCW 18.235.130(4) and RCW 18.86.030(1)(a) and (b) because the lien was improperly intended to cloud title and hold up the sale of the home.”

Show all 15 citing cases →

— Wash. Rev. Code § 18.235.130(1) — 4 cases

Cummings v. Dep't of Licensing, 355 P.3d 1155 (Wash. Ct. App. 2015). “160(11) and RCW 18.235.130(1), (4), (8), and (10). The Department requested sanctions of an eight year revocation of Cummings’s private investigator license and her private investigator agency principal license.”

Ritter v. Bd. of Reg. for Prof'l Engineers & Land Surveyors, 161 Wash. App. 758 (Wash. Ct. App. 2011). “The Board alleged that based solely on his child molestation convictions, Ritter had committed unprofessional conduct under RCW 18.235.130(1) and RCW 18.43.105(10). ¶5 The Board argued that a professional engineer makes essential decisions that affect the health, safety, and…”

Ritter v. State, Bd. of Reg., 255 P.3d 799 (Wash. Ct. App. 2011). “The Board alleged that, based solely on his child molestation convictions, Ritter had committed unprofessional conduct under RCW 18.235.130(1) and RCW 18.43.105(10). ¶ 5 The Board argued that a professional engineer makes essential decisions that affect the health, safety, and…”

Lisa Cummings, Dba Mod Investigations v. Wa State Dep't Of Licensing (Wash. Ct. App. 2015). “160(11) and RCW 18.235.130(1), (4), (8), and (10). The Department requested sanctions of an eight year revocation of Cummings's private investigator license and her private investigator agency principal license.”

— Wash. Rev. Code § 18.235.130(10) — 2 cases

— Wash. Rev. Code § 18.235.130(15) — 1 case

Kent Huxel, V. Bd. Of Registered Prof'l Engineers & Land Surveyors (Wash. Ct. App. 2024).

— Wash. Rev. Code § 18.235.130(4) — 8 cases

Kirby v. Emp. Sec. Dep't, 342 P.3d 1151 (Wash. Ct. App. 2014). “RCW 18.235.130(4). RCW 50.04.294(l)(d). WAC 192-150-205(3).”

Hickethier v. State Dept. of Licensing, 244 P.3d 1010 (Wash. Ct. App. 2011). “RCW 18.235.130(4). ¶ 17 Ms. Hickethier and Ms.”

Hickethier v. Dep't of Licensing, 159 Wash. App. 203 (Wash. Ct. App. 2011). “RCW 18.235.130(4). ¶17 Ms. Hickethier and Ms.”

Hanks v. Grace, 273 P.3d 1029 (Wash. Ct. App. 2012). “15 RCW 18.235.130(4). 16 We note the parties analyze this issue in the context of Marshall and do not address Wagenblast .”

— Wash. Rev. Code § 18.235.130(8) — 4 cases

Southwick, Inc. v. Wash. State, 426 P.3d 693 (Wash. 2018). “^ The Department later amended its statement of charges, withdrawing its alleged violation of this statute and adding a violation of RCW 18.235.130(8) for unprofessional conduct.”

Southwick, Inc., V State Dept Of Licensing Bus. & Professions Div (Wash. Ct. App. 2017). “The presiding officer granted partial summary in favor of the Department based on the following conclusions of law: 3 RCW 18.235.130 defines unprofessional conduct that may be sanctioned including: “Violating any of the provisions of this chapter or the chapters specified in RCW…”

— Wash. Rev. Code § 18.235.130(l) — 1 case

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