WSR 04-05-097

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed February 18, 2004, 8:22 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-01-121.

Title of Rule: Chapter 308-420 WAC, regulating camping resorts, amending WAC 308-420-200 Salesperson registrations.

Purpose: To streamline department processes and to eliminate the need for a license to be printed.

Statutory Authority for Adoption: RCW 19.105.530, 43.24.023.

Statute Being Implemented: RCW 19.105.530.

Summary: WAC 308-420-200(5), upon the termination of employment of a camping resort salesperson the camping resort must provide the department a written notice within ten days of termination instead of being required to return the license. WAC 308-420-200(6) strikes the requirement for the posting of the salesperson registration.

Reasons Supporting Proposal: The amended rules will streamline department processes and eliminate the need for a license to be printed. New technology allows the public and licensees to access the web for the most current license status.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randy Renfrow, 405 Black Lake Boulevard, Building 2, Olympia, WA 98502, (360) 664-6646.

Name of Proponent: Department of Licensing, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 308-420-200(5), upon the termination of employment of a camping resort salesperson the camping resort must provide the department a written notice within ten days of termination instead of being required to return the license. WAC 308-420-200(6) strikes the requirement for the posting of the salesperson registration.

Proposal Changes the Following Existing Rules: WAC 308-420-200(5), upon the termination of employment of a camping resort salesperson the camping resort must provide the department a written notice within ten days of termination instead of being required to return the license.

WAC 308-420-200(6) strikes the requirement for the posting of the salesperson registration.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There will not be a burden on the industry due to increased fees or increased workloads.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Building 2, Conference Room 201, Olympia, WA 98502, on March 23, 2004, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Randy Renfrow by March 22, 2004, TDD (360) 664-8885 or (360) 664-6646.

Submit Written Comments to: Randy Renfrow, Camping Resorts, P.O. Box 9026, Olympia, WA 98507-9026, fax (360) 570-4956, by March 22, 2004.

Date of Intended Adoption: March 24, 2004.

February 17, 2004

Trudie Touchette

Administrator

OTS-6967.1


AMENDATORY SECTION(Amending WSR 03-03-054, filed 1/13/03, effective 2/13/03)

WAC 308-420-200   Salesperson registrations.   (1) Each applicant for registration as a camping resort salesperson shall register on a form prescribed by the agency and pay a filing fee as provided by the director.

(2) Registration as a camping resort salesperson shall be renewed annually or at the time the salesperson obtains employment by a camping resort operator subsequent to a termination of a employment by a camping resort operator, by the filing of a form prescribed by the agency and payment of the proscribed fee.

(3) The following information shall be provided on the original application or renewal of a camping resort salesperson's registration:

(a) 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.

(b) 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.

(4) Upon the occurrence of any material change in the information contained in the registrant's file, each salesperson registrant shall promptly file with the agency an amendment to the salesperson registration file stating the change(s). The following shall be material changes requiring notice to the agency:

No later than twenty business days, upon being named a defendant or a party in any administrative, civil or criminal proceeding, the salesperson applicant shall promptly provide to the agency a notice of the proceeding and a copy of the complaint.

(5) Each operator of a camping resort whose camping resort contracts are registered with the agency, shall upon the termination of employment of a camping resort salesperson provide the department ((with)) within ten days, a written notice of termination ((and to return to the department the salesperson registration within ten days of the termination)).

(6) ((The operator is responsible for posting the salesperson registration visible to the public on the premises where the salesperson is employed.

(7))) As a condition of continued registration the salesperson registrant shall comply with the following:

(a) During the entire term of the registration the registrant is to be employed or engaged by an operator that is registered with the agency as an offeror of camping resort contracts, and the salesperson shall be offering contracts on behalf of or in the employment of such operator-registrant. Upon termination of employment with a registered camping resort operator, the salesperson registration is deemed to have expired.

(b) The salesperson shall cooperate fully with the agency in any investigation of alleged violations by the registrant, salesperson, or others, of the Camping Resort Act or these rules.

(c) It shall not be represented to any prospective purchaser that there is any form of a membership resale program for membership contracts being offered by the operator of the camping resort unless the same be true.

(((8))) (7) Applications for registration or renewal that are for any reason defective or that are not legible shall be returned and the application shall be deemed not filed until the form is received by the agency with the deficiencies corrected.

(((9))) (8) An application for renewal of a salesperson registration not filed in a timely manner or not received or acted upon by the agency prior to the expiration date shall be deemed by the agency as having expired. The salesperson must thereafter register as a new applicant for registration. Salespersons who have failed to make timely renewal applications shall not engage in camping resort activities. It is the salesperson's responsibility to secure the necessary forms and renew a registration in a timely manner. The agency shall not be responsible for applications lost in the mail or not timely received for other reasons.

[Statutory Authority: RCW 19.105.530(1), 43.24.023. 03-03-054, 308-420-200, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW 19.105.130. 91-01-082, 308-420-200, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-122.]

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