WSR 99-14-006

EXPEDITED ADOPTION

DEPARTMENT OF

FINANCIAL INSTITUTIONS

[ Filed June 24, 1999, 1:37 p.m. ]

Title of Rule: Revision to chapter 208-620 WAC, the Consumer Loan Act.

Purpose: To correct incorrect internal references in chapter 208-620 WAC.

Statutory Authority for Adoption: RCW 31.04.165.

Statute Being Implemented: Chapter 31.04 RCW.

Summary: This revision will correct incorrect internal references in chapter 208-620 WAC that were created when chapter 50-20 WAC was moved into Title 208 WAC in 1996.

Reasons Supporting Proposal: Incorrect internal references mislead licensees and other users of the regulations and may unintentionally disrupt compliance or enforcement.

Name of Agency Personnel Responsible for Drafting: David Heifetz/Mark Thomson, General Administration Building, #330/#300, 902-8700; Implementation and Enforcement: Mark Thomson, General Administration Building, #300, 902-8787.

Name of Proponent: Department of Financial Institutions, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed changes will correct typographical errors in chapter 208-620 WAC that were created when chapter 50-20 WAC was consolidated into Title 208 WAC in 1996. The typographical errors to be fixed are mainly internal references to chapter 50-20 WAC. There will be no change to the meaning, interpretation, or effect of the rules.

Proposal Changes the Following Existing Rules: It corrects typographical errors. See above.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Mark Thomson, Department of Financial Institutions, General Administration Building, 3rd Floor West, P.O. Box 41200, Olympia, WA 98504-1200 , AND RECEIVED BY September 8, 1999.


June 21, 1999

John L. Bley

Director

OTS-3190.1


AMENDATORY SECTION(Amending WSR 96-04-013, filed 1/26/96, effective 2/26/96)

WAC 208-620-020
License application.

(1) An applicant for a consumer loan company license under RCW 31.04.045 will complete the application form provided by the department.

(2) The completed application shall be accompanied by:

(a) The names, addresses, and occupation of all board directors and senior officers;

(b) A statement of the experience and qualifications of all directors and senior officers;

(c) A current financial statement as of the most recent quarter end, prepared in accordance with generally accepted accounting principles.  The statement must include a statement of assets and liabilities and a profit and loss statement;

(d) A business plan which includes at least the following:

(i) The anticipated source of and method of obtaining customers;

(ii) The type of loans to be made at the proposed licensed location;

(iii) The type of loan, if any, that will be sold or transferred to affiliated or nonaffiliated business entities;

(iv) The type of insurance products to be marketed at the proposed licensed location;

(v) The type of incidental products, if any, the applicant intends to market with approval of the director from the proposed licensed location; and

(vi) The procedures the applicant intends to use to resolve consumer complaints;

(e) A certificate of existence/authorization obtained from the Washington secretary of state;

(f) A valid surety bond (or approved bond substitute as provided in WAC 208-620-040) in the amount specified in WAC 208-620-030;

(g) If the applicant will be an out-of-state licensee, the applicant must submit information regarding its registered agent as required of out-of-state licensees by WAC 208-620-060; and

(h) The appropriate fees as specified in WAC ((50-20-190)) 208-620-190.

(3) A licensee must complete another application for each additional consumer loan company license under RCW 31.04.075.  The director may require that all or some of the information provided in the original application be updated.

[Statutory Authority: RCW 43.320.040, 31.04.045, [31.04].105, [31.04].145, [31.04].155 and [31.04].165.  96-04-013, 208-620-020, filed 1/26/96, effective 2/26/96.]


AMENDATORY SECTION(Amending WSR 96-04-013, filed 1/26/96, effective 2/26/96)

WAC 208-620-180
Examinations.

(1) For the purpose of discovering violations of the act or this chapter or securing information lawfully required, the director or designee may investigate the loans and business of every licensee and of every person engaged in the business described in RCW 31.04.035.  The director or designee may examine, wherever located, the records used in the business of every licensee and of every person who is engaged in the business described in RCW 31.04.035, whether the person acts or claims to act as principal or agent, or under or without the authority of this chapter.  For that purpose the director or designee shall have access, at reasonable times during business hours, to the offices and places of business, records, safes, and vaults of all such persons.  A licensee so examined shall pay to the director the cost of examining and supervising each licensed place of business at the rate specified in WAC ((50-20-190)) 208-620-190(2).

(2) The director or designee shall examine the affairs, business, office, and records of each licensee at least once each twenty-four months.

[Statutory Authority: RCW 43.320.040, 31.04.045, [31.04].105, [31.04].145, [31.04].155 and [31.04].165.  96-04-013, 208-620-180, filed 1/26/96, effective 2/26/96.]

Washington State Code Reviser's Office