WSR 12-16-065

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 31, 2012, 9:08 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-11-111.

Title of Rule and Other Identifying Information: Chapter 296-200A WAC, Contractor certificate of registration renewals -- Security -- Insurance.

Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S119, Tumwater, WA 98501, on September 4, 2012, at 9:00 a.m.

Date of Intended Adoption: November 6, 2012.

Submit Written Comments to: Alicia Curry, P.O. Box 44400, Olympia, WA 98504-4400, e-mail alicia.curry@lni.wa.gov, fax (360) 902-5292, by 5 p.m. on September 4, 2012.

Assistance for Persons with Disabilities: Contact Alicia Curry by August 24, 2012, at alicia.curry@lni.wa.gov or (360) 902-4281.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to revise the insurance and bond filing requirements for contractors to reflect changes in new technology. Currently, the department is required to maintain a hard copy of the documents; however, the department now has access to the information through an electronic system, which eliminates the need for paper.

The department will also reduce the processing time for insurance and bond documents if they are submitted on-line. This will allow the program's customer service staff to focus on other needs of the program.

Statutory Authority for Adoption: Chapter 18.27 RCW.

Statute Being Implemented: Chapter 18.27 RCW.

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

Name of Proponent: Department of labor and industries (L&I), governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jose Rodriguez, Tumwater, Washington, (360) 902-6348.

No small business economic impact statement has been prepared under chapter 19.85 RCW. L&I is exempt from preparing a small business economic impact statement under RCW 19.85.030 (1)(a), since the proposed rule would not impose any costs on businesses.

A cost-benefit analysis is not required under RCW 34.05.328. L&I is exempt from preparing a cost-benefit analysis under RCW 34.05.328 (5)(a), since the proposed rule would not impose any costs on businesses.

July 31, 2012

Judy Schurke

Director

OTS-4856.2


AMENDATORY SECTION(Amending WSR 09-10-079, filed 5/5/09, effective 6/5/09)

WAC 296-200A-025   How does a contractor register, renew, reregister or reinstate its registration?   (1) A contractor may register/renew/reregister/reinstate if it:

(a) Complete an application for contractor registration, have it notarized, and submit it to the department as required by RCW 18.27.030;

(b) Satisfies one of the following:

(i) Obtains a continuous surety bond in the total amount specified in WAC 296-200A-030 and submits the original bond ((with bond number)) to the department or submits the bond information through the department of labor and industries' electronic bond and insurance policy system (EBIPS) (see RCW 18.27.040); or

(ii) Assigns, to the department, a security deposit in the form of a savings account held in a Washington state bank on a department issued form (F625-000-008) in the amounts specified in WAC 296-200A-030;

(c) Obtains public liability and property damage insurance and submits the original insurance certificate ((with policy number)) to the department or submits the insurance information through the department of labor and industries' electronic bond and insurance policy system (EBIPS) (see RCW 18.27.050); and

(d) Pays the issuance/renewal/reregistration/reinstatement fee shown in WAC 296-200A-900.

(2) A contractor may renew its registration if it submits, to the department, a completed contractor registration renewal notice and the material required in subsection (1)(b) and (c) of this section and pays the renewal fee shown in WAC 296-200A-900. No more than forty-five days before the contractor's registration expires, the department must send a renewal notice to the contractor's last recorded address with the contractor registration program. It is the responsibility of the contractor to notify the department within ten days and in writing of a change in address.

(3) The contractor must submit all required documents to the department in a manner approved by the department as set forth in this subsection:

(a) Include, on each document, the name exactly as it appears on the contractor registration application or renewal notice;

(b) Include, if renewing a registration, the contractor's registration number on each of the documents;

(c) Include a copy of the certificate or document (when required) by the secretary of state for the contractor to do business in the state of Washington; and

(d) Have and maintain an active and valid unified business identifier (certificate of registration) with the department of revenue.

(4) The department will not register, renew, or reinstate the registration of a contractor if:

(a) Any of the required documents are missing, false, or are incomplete;

(b) The documents do not have the legal name of the contractor as documented on official governmental issued photo identification;

(c) In the case of a renewal, the documents do not include the registration number or UBI number; or

(d) The applicant or person pursuant to RCW 18.27.030 has an unsatisfied final judgment based on work which is subject to chapter 18.27 RCW and this chapter.

(5) The contractor may request, in a letter filed with the application or renewal materials, that the registration period end on a particular day. However, the registration period cannot exceed two years.

[Statutory Authority: Chapter 18.27 RCW and 2008 c 120. 09-10-079, 296-200A-025, filed 5/5/09, effective 6/5/09. Statutory Authority: Chapter 18.27 RCW and 2007 c 436. 08-16-091, 296-200A-025, filed 8/4/08, effective 9/4/08. Statutory Authority: RCW 18.27.040, 18.27.070, 18.27.075, 18.27.125, 2001 c 159, and chapter 18.27 RCW. 03-20-097, 296-200A-025, filed 9/30/03, effective 11/17/03. Statutory Authority: Chapter 18.27 RCW. 97-24-071, 296-200A-025, filed 12/2/97, effective 1/5/98.]

Washington State Code Reviser's Office