WSR 99-01-104

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed December 17, 1998, 11:44 a.m.]



Date of Adoption: December 17, 1998.

Purpose: To update and reflect current and desired operating procedures.

Citation of Existing Rules Affected by this Order: Amending WAC 308-04-010 and 308-04-020.

Statutory Authority for Adoption: RCW 46.01.110, 43.24.023.

Adopted under notice filed as WSR 98-22-052 on November 2, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 2, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 2, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 2, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 17, 1998

Walt Fahrer

Rules Coordinator

OTS-2568.3

AMENDATORY SECTION (Amending Order 86-1, filed 4/1/86)



WAC 308-04-010  Requirements for checks in payment of licenses, certificates, etc.--Penalty. (1) All checks must be made payable to the state treasurer or department of licensing, except those checks written in payment for transactions through the department's vehicle and vessel licensing agents may be made payable to the county auditor((, who is acting as the agent)).

(2) State warrants ((which bear a reasonable relationship to)) equal to or less than the amount of license fees due shall be accepted when tendered for payment of ((license fees. Proper identification will be required)) a department of licensing transaction. If the warrant is less than the amount due, the applicant shall pay the difference by cash, check, or money order.

(3) Checks ((must)) should be written for the exact amount ((of the license fee)) due and the purpose for which the check is intended should be noted on its face. Overpayments for vehicle transactions will not be accepted.

(4) The drawer's name (licensee) and address should appear upon each check. All ((NSF)) dishonored (DHC) checks will be redeposited once. If they fail to clear at the time of the second deposit, the following action will be taken:

(a) The drawer (licensee) will be sent a letter ((by certified mail)) advising him or her that the license or other transaction for which the DHC had been submitted will be canceled unless a money order, cash, or cashier's check for the full amount due, including the handling fee, is received within fifteen days of the date of this letter.

(b) ((Upon the failure to receive said moneys the state patrol or other appropriate law enforcement agency will be notified.

(c))) The failure to pay a license fee or tax due after notice of dishonor has been given will result (([in])) in cancellation of any service, license, permit, or registration provided.

(((d) In cases where a dishonored check is given for professional, securities or real estate fee the field representative of said agency will first contact the party and their license will be surrendered.

[(5)][(e)] No checks)) (5) Checks written on foreign banks and foreign postal money orders (outside of the United States) ((will be accepted and only those foreign postal money orders made)) shall be payable in U.S. dollars ((at the Olympia Post Office will be acceptable for payment of any license fees[,] provided, however, that Canadian checks marked "Payable in U.S. funds," shall be an exception and will be acceptable for payment)).



[Statutory Authority: RCW 46.01.230. 86-08-069 (Order 86-1), 308-04-010, filed 4/1/86; 80-13-002 (Order DOL 592), 308-04-010, filed 9/4/80; 78-04-040 (Order 487-DOL), 308-04-010, filed 3/20/78; Rule 1, filed 6/29/67.]



NOTES:



Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.



AMENDATORY SECTION (Amending Order TL/RG 38, filed 10/9/87)



WAC 308-04-020  Reasonable handling fee for dishonored checks in payment of vehicle licenses((, etc)). Whenever registrations, licenses, or permits relating to the licensing or registration of vehicles or vessels have been paid for by checks to county auditors, agents, and subagents appointed or approved by the director pursuant to RCW 46.01.140, if the check has been dishonored by nonacceptance or nonpayment, a handling fee, in an amount not to exceed ((fifteen)) twenty-five dollars may be assessed for each such instrument. County auditors, agents, and subagents, may collect restitution, and where they have collected restitution may retain the reasonable handling fee.



[Statutory Authority: RCW 46.01.230(3). 87-21-014 (Order TL/RG 38), 308-04-020, filed 10/9/87.]

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