WSR 04-05-098

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed February 18, 2004, 8:24 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-01-122.

Title of Rule: Chapter 308-127 WAC, regulating timeshares, amending WAC 308-127-140 Expiration and renewal of timeshare offering registration, 308-127-160 Fees, and 308-127-225 Original application, renewal, termination, and fees for a timeshare salesperson registration.

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

Statutory Authority for Adoption: RCW 64.36.270, 43.24.023.

Statute Being Implemented: RCW 64.36.270.

Summary: The amended rules remove any reference to a license being printed, required, or returned.

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) 664-6632.

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: The amended rules remove any reference to a license being printed, required, or returned. Eliminates the need for a printed license and streamlines department processes. Licensees and the public are able to access the website to check the most current license status.

Proposal Changes the Following Existing Rules: The amended rules remove any reference to a license being printed, required, or returned.

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 10:30 a.m.

Assistance for Persons with Disabilities: Contact Randy Renfrow by March 22, 2004, TDD (360) 664-8885 or (360) 664-6632.

Submit Written Comments to: Randy Renfrow, Timeshares, 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-6965.1


AMENDATORY SECTION(Amending WSR 90-07-023, filed 3/14/90, effective 4/14/90)

WAC 308-127-140   Expiration and renewal of timeshare offering registration.   A timeshare offering registration shall expire one year from the date of ((issuance of the)) approval for registration, or at the time the promoter sells the total number of intervals registered as available to be sold to persons residing in the state of Washington, whichever event occurs first. To continue offering the timeshare project in this state, a promoter shall file for renewal of its timeshare offering registration no later than thirty days prior to expiration of the registration. Failure to renew within six months after the renewal date shall result in the termination of the registration and all fees for an original application for registration shall apply.

[Statutory Authority: RCW 43.24.086. 90-07-023, 308-127-140, filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22 6 and 26. 83-24-057 (Order 733 DOL), 308-127-140, filed 12/6/83.]


AMENDATORY SECTION(Amending WSR 02-15-169, filed 7/23/02, effective 1/1/03)

WAC 308-127-160   Fees.   The following fees shall be charged under the authority of RCW 64.36.081 and 43.24.086:


(1) Registration application fees:
Start up timeshare program including one project. $1500.00
Each additional project in program. 500.00
Each apartment unit in program. 50.00
The first unit of personal property in the timeshare program. 1000.00
Each additional unit of personal property in the timeshare program. 100.00
Businesses of listing or brokering resale intervals. 500.00
(2) Interval Fees:
For each interval through one thousand. 1.00
Intervals beyond one thousand. 0.00
Each monthly filing of listings of resale intervals (in lieu of interval fees for resale intervals). 10.00
(3) Renewal fees:
Timeshare program including one project. 1000.00
Late renewal fee for timeshare program. 2000.00
Each additional project to a maximum of five projects. 350.00
Each apartment unit - to maximum of twenty-five apartment units. 50.00
(4) Consolidation fees:
Each additional project added. 500.00
Each additional apartment unit. 50.00
The first additional unit of personal property being consolidated. 500.00
Each additional unit of personal property added in one consolidation. 100.00
(5) Exemption fees:
Programs consisting of a single apartment unit in a single project with fifty-two or fewer intervals. 250.00
All other types of programs. 1000.00
(6) Impound fees:
Initial establishment of an impound, escrow, trust, or other arrangement requiring a depositary. 500.00
Each required periodic report. 50.00
(7) Advertising fees:
Each initial submission of advertisement whether or not submitted in a timely manner, and whether or not in use at the time of payment. 100.00
Examination of advertisement which are for the purpose of marketing surveys and not involving an examination of project or program instruments. 150.00
(8) Fees for persons in the business of offering commercial promotional programs:
Registration of individual. 500.00
(9) Salespersons fees:
Registration. 50.00
Renewal. 50.00
Transfer. 50.00
((Duplicate license. 25.00))
(10) Fees for amendment of registration:
For a timely submission of an amendment filing. 50.00
Penalty fee for failure to file an amendment within twenty days of the occurrence of a materially adverse change. 500.00
(11) Inspection fees:
Applicants and registrants shall pay the cost of inspections conducted pursuant to chapter 64.36 RCW. The inspection fees shall be paid prior to the granting of a registration or consolidation. The inspection fee shall be the actual cost to the department for conducting of the inspection.

[Statutory Authority: RCW 64.36.081 and 43.24.086. 02-15-169, 308-127-160, filed 7/23/02, effective 1/1/03. Statutory Authority: RCW 43.24.086. 90-07-023, 308-127-160, filed 3/14/90, effective 4/14/90.]


AMENDATORY SECTION(Amending WSR 90-07-023, filed 3/14/90, effective 4/14/90)

WAC 308-127-225   Original application, renewal, termination, and fees for a timeshare salesperson registration.   (1) An individual shall apply for registration as a timeshare salesperson on a form prescribed by the agency. The registration application for a timeshare salesperson shall identify the specific promoter responsible for the business activities of the salesperson and shall be valid for a period of one year ((beginning on the issuance date printed on the registration)).

(2) ((The registration of a timeshare salesperson shall be retained at all times by the timeshare promoter.)) When a timeshare salesperson ceases to be employed by a timeshare promoter the salesperson's registration shall be terminated. Written notice of this termination shall be given by the promoter to the director ((and this notice shall be accompanied by the timeshare salesperson's registration)). A terminated individual who desires to work for the same or another promoter shall apply for and receive registration as a timeshare salesperson before engaging in further timeshare sales activities.

(3) An individual may renew his timeshare salesperson registration for one year if the agency receives the individual's request and renewal fee on or before the expiration of the individual's existing registration. The effective date of the renewal shall be the anniversary date of the previous registration. If the registration is not renewed before the expiration date reregistration is required before timeshare sales activity may be continued.

(4) An application for registration or a renewal of registration is not complete unless it is accompanied by the proper fee. Payment of the fee with a check which is subsequently dishonored is a deficient application. Upon notification to the promoter by the agency, the promoter shall ((return the registration and)) cease employment of the applicant as a timeshare salesperson.

[Statutory Authority: RCW 43.24.086. 90-07-023, 308-127-225, filed 3/14/90, effective 4/14/90.]

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