DEPARTMENT OF LICENSING
[Filed November 2, 1998, 9:31 a.m.]
Preproposal statement of inquiry was filed as WSR 98-17-071.
Title of Rule: General provisions for doing business with the Department of Licensing.
Purpose: To update and reflect current and desired operating procedures.
Statutory Authority for Adoption: RCW 46.01.110, 43.24.023.
Summary: To clarify processes. Eliminate procedures that no longer apply. Raise the dishonored check handling fee for vehicle services to $25.
Name of Agency Personnel Responsible for Drafting: Walt Fahrer, 1125 Washington Street S.E., Olympia, WA, 902-3640; Implementation: Pat Zlateff, 1125 Washington Street S.E., Olympia, WA, 902-3718; and Enforcement: Nancy Kelly, 1125 Washington Street S.E., Olympia, WA, 902-3754.
Name of Proponent: Title and Registration Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule revision will reflect how the agency is actually conducting business and will raise the dishonored check handling fee to a level that is more reflective of the industry standard.
Proposal Changes the Following Existing Rules: Changes are reflective of how the agency actually conducts business.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no impact on any businesses, large or small.
RCW 34.05.328 does not apply to this rule adoption. The Department of Licensing is exempt from RCW 34.05.328.
Hearing Location: Highways-Licenses Building, 1125 Washington Street S.E., Room 402, Olympia, WA 98507-9020, on December 8, 1998, at 9 a.m.
Assistance for Persons with Disabilities: Contact Walt Fahrer by December 3, 1998, (360) 902-3640.
Submit Written Comments to: Walt Fahrer, 1125 Washington Street S.E., Olympia, WA 98507-9020, fax (360) 753-7500, by December 7, 1998.
Date of Intended Adoption: December 8, 1998.
November 2, 1998
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 for vehicle or vessel license,
title or permit fees or taxes and is less than the amount due,
the applicant shall pay the difference by cash, check, or money
(3) Checks ((
must)) should be for the exact amount of the
license fee due and the purpose for which the check is intended
should be noted on its face.
(4) The drawer's name (licensee) and address should appear upon each check. All NSF 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 ((
certified mail)) advising him or her that the license will be
canceled unless a money order, cash, or cashier's check for the
amount due, including the handling fee, is received within
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
(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
[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.]
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.]