WSR 98-22-052

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed November 2, 1998, 9:31 a.m.]

Original Notice.

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

Walt Fahrer

Rules Coordinator

OTS-2568.2

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 order.

(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 ((by 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 fifteen days.

(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.]