WSR 03-20-067

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 26, 2003, 3:00 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-15-002.

Title of Rule: WAC 308-19-140 When will my license expire and how do I renew my license?

Purpose: The purpose of this rule change is so that bail bond agent licenses expire one year after the license is issued instead of on their birth date.

Statutory Authority for Adoption: Chapter 18.185 RCW.

Statute Being Implemented: Chapter 18.185 RCW.

Summary: The rule change will require that bail bond agent licenses expire a year from the date of issuance instead of on their birth date.

Reasons Supporting Proposal: The reason for changing this rule is to make licensing fees fair to all bail bond agent licensees by providing the same length of time for an active license to all licensees.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Haglund, Olympia, (360) 664-6624.

Name of Proponent: Department of Licensing, Bail Bond Program, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Currently the rule states: "Licenses issued to bail bond agents expire on their respective birth dates. However, if an application for the bail bond agent license is received by the Department of Licensing within ninety days from the applicant's birth date, the license issued shall not expire until the next birth date."

This rule is confusing for customers to calculate expiration dates. The rule also does not provide fair and equitable treatment to all licensees because depending upon when the birth date falls, a licensee may get more than or less than a full year before the license expires.

Proposal Changes the Following Existing Rules: See below.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule regarding fee increases is pursuant to legislative approval. The amendatory section of record keeping does not impose economic impact as it is minor changes.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Licensing, Business and Professions Division, Building 2, Conference Room 209, 405 Black Lake Boulevard, Olympia, WA 98507, on November 6, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mary Haglund at TDD (360) 664-8885 or (360) 664-6611.

Submit Written Comments to: Department of Licensing, Bail Bond Program, P.O. Box 9649, Olympia, WA 98507-9649, fax (360) 570-7888, by November 4, 2003.

Date of Intended Adoption: December 8, 2003.

September 25, 2003

Mary Haglund

Program Manager

OTS-6514.1


AMENDATORY SECTION(Amending WSR 00-01-061, filed 12/13/99, effective 1/13/00)

WAC 308-19-140   When will my license expire and how do I renew my license?   (1) Licenses issued to bail bond agents expire ((on their respective birth dates. However, if an application for the bail bond agent license is received by the department of licensing within ninety days from the applicant's birthdate, the license issued shall not expire until the next birthdate)) one year from the date of issue.

(2) Licenses issued to bail bond agencies expire on December 31 each year. Licenses must be renewed each year on or before the date established herein and a renewal license fee as prescribed by the director in WAC 308-19-130 must be paid.

(3) If the application for a license renewal is not received by the director on or before the renewal date, a penalty fee as prescribed by the director in WAC 308-19-130 shall be paid. Acceptance by the director of an application for renewal after the renewal date shall not be a waiver of the delinquency.

(4) A license shall be cancelled if an application for a renewal of that license is not received by the director within one year from the date of expiration. A person may obtain a new license by satisfying the procedures and qualifications for licensing, including the successful completion of any current examination and education requirements.

(5) No agent or agency shall engage in the sale or issuance of bail bonds if their license has expired.

(6) When the director receives verification that a bail bond agency license has expired or has been revoked or suspended, the director shall advise correction centers.

[Statutory Authority: Chapter 18.185 RCW. 00-01-061, 308-19-140, filed 12/13/99, effective 1/13/00. Statutory Authority: 1993 c 260 13. 93-21-053, 308-19-140, filed 10/18/93, effective 11/18/93.]

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