WSR 03-03-055

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed January 13, 2003, 2:14 p.m. ]

Date of Adoption: January 13, 2003.

Purpose: Chapter 308-129 WAC, regulating sellers of travel. Due to a new law that was passed during the 2002 legislation the department felt it necessary to amend the current rule for further written clarification as per the governor's directive on state rules review.

Citation of Existing Rules Affected by this Order: Amending WAC 308-129-100 Applications -- Conditions.

Statutory Authority for Adoption: RCW 19.138.170 and 43.24.023.

Adopted under notice filed as WSR 02-24-075 on December 3, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

January 13, 2003

Trudie Touchette

Acting Administrator

OTS-5885.1


AMENDATORY SECTION(Amending WSR 00-11-047, filed 5/12/00, effective 6/12/00)

WAC 308-129-100   Applications -- Conditions.   Any person desiring to be registered as a seller of travel shall submit with the application form:

(1) ((If the applicant, within the past ten years, has been found guilty of a felony involving moral turpitude, a misdemeanor concerning fraud or conversion, or suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion, a copy of such conviction or judgment shall be included.

(2))) A copy of any criminal conviction, including a guilty plea, within the last ten years, or any conviction that resulted in the applicant having to register as a sex offender regardless of whether the conviction is over ten years old.

(2) A copy of any civil or administrative judgment or order involving dishonesty, fraud, or violation of any act designed to protect consumers that names the applicant as a party.

(3) In lieu of the CPA/LPA/bank officer report required by RCW 19.138.110(5), an applicant may submit an affidavit or declaration signed under penalty of perjury setting out the information required by RCW 19.138.110(5).

(((3))) (4) Applicants who certify under penalty of perjury that they do not hold for more than five business days any non-exempt funds received from any person or entity for retail travel services shall not be required to report or maintain a trust account or other approved account under RCW 19.138.110(5).

(((4))) (5) A seller of travel applying to be licensed under chapter 19.138 RCW may submit a surety bond as described in RCW 19.138.140 (7)(a)(i) or other instrument approved by the department as described in RCW 19.138.140 (7)(a)(iv). The amount of the surety bond or other approved instrument shall be based upon the prior year's annual gross income of business conducted as outlined in the following scale:


Annual Gross Income of Business Conducted: Amount of Surety Bond or other instrument approved by the department:
$199,999 and under $10,000
$200,000 through $499,999 $20,000
$500,000 through $749,999 $30,000
$750,000 through $999,999 $40,000
$1,000,000 and above $50,000

(((5))) (6) Sellers of travel companies upon application and renewal shall attest to their gross annual income of business conducted on a form provided by the department.

[Statutory Authority: RCW 19.138.170(1). 00-11-047, 308-129-100, filed 5/12/00, effective 6/12/00. Statutory Authority: Chapter 19.138 RCW. 96-14-092, 308-129-100, filed 7/2/96, effective 8/2/96.]

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