WSR 17-02-060
PERMANENT RULES
DEPARTMENT OF LICENSING
[Filed January 3, 2017, 7:26 a.m., effective February 3, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This adopted change will align the rule to the statute (RCW 46.01.230) regarding the cancelation of the license or other transaction due to a dishonored check submitted for payment. Specifically, this change states the agency shall cancel a registration, license, or permit and may cancel any other transaction for which dishonored checks are submitted. The agency will also extend the time period for submitting payment after a dishonored check is received from fifteen days to sixty days to allow for adequate time due to United States Postal Service closures.
Citation of Existing Rules Affected by this Order: Amending WAC 308-04-010.
Statutory Authority for Adoption: RCW 46.01.110 and 43.24.023.
Adopted under notice filed as WSR 16-23-159 on November 23, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: January 3, 2017.
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 99-01-104, filed 12/17/98, effective 1/17/99)
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.
(2) State warrants equal to or less than the amount of license fees due shall be accepted when tendered for payment of 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 should be written for the exact amount 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 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 advising him or her that the registration, license ((or)), or permit shall be canceled and any other transaction ((for which the DHC had been submitted will)) may be canceled for which the DHC had been submitted unless a money order, cash, or cashier's check for the full amount due, including the handling fee, is received within ((fifteen)) sixty days of the date of this letter.
(b) The failure to pay a license fee or tax due after notice of dishonor has been given will result in cancellation of any service, license, permit, or registration provided.
(5) Checks written on foreign banks and foreign postal money orders (outside of the United States) shall be payable in U.S. dollars.