Date of Adoption: May 26, 2004.
Purpose: Amend chapter 308-127 WAC regulating timeshares, to amend the rule with fee reductions, while still ensuring there is a sufficient level of revenue to defray program administration costs as required under RCW 43.24.086.
Citation of Existing Rules Affected by this Order: Amending WAC 308-127-160 Fees.
Statutory Authority for Adoption: RCW 64.36.270, 43.24.023.
Adopted under notice filed as WSR 04-09-095 on April 20, 2004.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: July 1, 2004.
May 26, 2004
Mykel D. Gable
AMENDATORY SECTION(Amending WSR 04-08-003, filed 3/24/04, effective 4/24/04)
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.||$((
|Each additional project in program.||((
|Each apartment unit in program.||((
|The first unit of personal property in the timeshare program.||((
|Each additional unit of personal property in the timeshare program.||100.00|
|Businesses of listing or brokering resale intervals.||500.00|
|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|
|Timeshare program including one project.||((
|Late renewal fee for timeshare program.||2000.00|
|Each additional project to a maximum of five projects.||((
|Each apartment unit - to maximum of twenty-five apartment units.||((
|Each additional project added.||((
|Each additional apartment unit.||((
|The first additional unit of personal property being consolidated.||((
|Each additional unit of personal property added in one consolidation.||100.00|
|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|
|Initial establishment of an impound, escrow, trust, or other arrangement requiring a depositary.||500.00|
|Each required periodic report.||50.00|
|Each initial submission of advertisement whether or not submitted in a timely manner, and whether or not in use at the time of payment.||((
|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|
|(10)||Fees for amendment of registration:|
|For a timely submission of an amendment filing.||((
|Penalty fee for failure to file an amendment within twenty days of the occurrence of a materially adverse change.||500.00|
|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 64.36.270, 43.24.023. 04-08-003, § 308-127-160, filed 3/24/04, effective 4/24/04. 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.]