Washington Code 19.30.040 – Surety bond — Security
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(1) The director shall require the deposit of a surety bond by any person acting as a farm labor contractor under this chapter to insure compliance with the provisions of this chapter. Such bond shall be in an amount specified by the director in accordance with such criteria as the director adopts by rule but shall not be less than five thousand dollars. The bond shall be payable to the state of Washington and be conditioned on payment of sums legally owing under contract to an agricultural employee. The aggregate liability of the surety upon such bond for all claims which may arise thereunder shall not exceed the face amount of the bond.
Terms Used In Washington Code 19.30.040
- Agricultural employee: means any person who renders, or has rendered, personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity. See Washington Code 19.30.010
- Contract: A legal written agreement that becomes binding when signed.
- Director: as used in this chapter means the director of the department of labor and industries of the state of Washington. See Washington Code 19.30.010
- Farm labor contractor: means any person, or his or her agent or subcontractor, who, for a fee, performs any farm labor contracting activity. See Washington Code 19.30.010
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes any individual, firm, partnership, association, corporation, or unit or agency of state or local government. See Washington Code 19.30.010
(2) The amount of the bond may be raised or additional security required by the director, upon his or her own motion or upon petition to the director by any person, when it is shown that the security or bond is insufficient to satisfy the contractor’s potential liability for the licensed period.
(3) No surety insurer may provide any bond, undertaking, recognizance, or other obligation for the purpose of securing or guaranteeing any act, duty, or obligation, or the refraining from any act with respect to a contract using the services of a farm labor contractor unless the farm labor contractor has made application for or has a valid license issued under RCW 19.30.030 at the time of issuance of the bond, undertaking, recognizance, or other obligation.
(4) Surety bonds may not be canceled or terminated during the period in which the bond is executed unless thirty days’ notice is provided by the surety to the department. The bond is written for a one-year term and may be renewed or extended by continuation certification at the option of the surety.
(5) In lieu of the surety bond required by this section, the contractor may file with the director a deposit consisting of cash or other security acceptable to the director. The deposit shall not be less than five thousand dollars in value. The security deposited with the director in lieu of the surety bond shall be returned to the contractor at the expiration of three years after the farm labor contractor’s license has expired or been revoked if no legal action has been instituted against the contractor or on the security deposit at the expiration of the three years.
(6) If a contractor has deposited a bond with the director and has failed to comply with the conditions of the bond as provided by this section, and has departed from this state, service may be made upon the surety as prescribed in RCW 4.28.090.