WSR 03-17-094

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 20, 2003, 9:19 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-14-095.

Title of Rule: WAC 308-90-040 Vessel dealer registration application form.

Purpose: To solidify the integrity of the vessel industry and the license application process by requiring submission of a criminal history with the application for an original vessel dealer registration.

Statutory Authority for Adoption: RCW 88.02.100.

Summary: A criminal history will be required as part of the application packet submitted by those wishing to apply for a vessel dealer license.

Reasons Supporting Proposal: The director may order that the vessel dealer license application of those who have been adjudged guilty of a felony that directly relates to the marine trade business be denied. The criminal history is an aid to meet the scrutiny obligations of the Department of Licensing before issuance of a license to sell vessels such as personal watercraft, yachts, etc.

Name of Agency Personnel Responsible for Drafting and Implementation: Chuck Coach, 2000 4th Avenue West, Olympia, WA 98502, (360) 664-6453; Enforcement: Mykel D. Gable, 2000 4th Avenue West, Olympia, WA 98502, (360) 664-6451.

Name of Proponent:

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

Explanation of Rule, its Purpose, and Anticipated Effects: To solidify the integrity of the vessel industry and the license application process by requiring submission of a criminal history with the application for an original vessel dealer registration.

Proposal Changes the Following Existing Rules: Adds the criminal history requirement to the current rule.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No economic impact to the marine industry.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Licensing, 2000 4th Avenue West, 1st Floor Conference Room, Olympia, WA 98502, on October 22, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Linda Mason by October 17, 2003, TDD (360) 664-8885.

Submit Written Comments to: Gail Saul, Dealer and Manufacturer Services, P.O. Box 9039, Olympia, WA 98507, fax (360) 586-6703, by October 17, 2003.

Date of Intended Adoption: November 5, 2003.

August 19, 2003

Fred Stephens

Director

OTS-6534.1


AMENDATORY SECTION(Amending WSR 02-05-073, filed 2/20/02, effective 3/23/02)

WAC 308-90-040   Dealer registration application form.   How do I apply for a vessel dealer registration?

(((1))) Any firm making application for registration as a vessel dealer under chapter 88.02 RCW shall, on a form provided by the department, provide the following information:

(((a))) (1) The name and business address of the firm and a list of additional business addresses of the firm, if any.

(((b))) (2) The name of all owners of ten percent or more of the assets of the firm and title(s) of office held, if any.

(((c))) (3) The firm's business structure and place of organization.

(((d))) (4) The uniform business identification number issued by the department of licensing.

(5) Whether the applicant has been adjudged guilty of a crime which directly relates to the marine trade industry and the time elapsed since the conviction is less than ten years, and in the case of a corporation, partnership, or limited liability company all directors, officers, partners or members.

(6) Any other information the department may reasonably require.

[Statutory Authority: RCW 88.02.100. 02-05-073, 308-90-040, filed 2/20/02, effective 3/23/02. Statutory Authority: 1987 c 149 1. 88-03-038 (Order DLR-162), 308-90-040, filed 1/19/88. Statutory Authority: 1983 c 7. 83-14-061 (Order 722 DOL), 308-90-040, filed 7/1/83.]

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