WSR 04-14-070

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed July 2, 2004, 3:43 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-17-030.

Title of Rule and Other Identifying Information: Chapter 308-29 WAC, Collection agency and repossession services; and amending WAC 308-29-045 Collection agency fees.

Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard S.W., Building #2, Conference Room 102, Olympia, WA 98502, on August 13, 2004, at 10:00 a.m.

Date of Intended Adoption: August 14, 2004.

Submit Written Comments to: Harumi Tucker Tolbert, Collection Agency Board, P.O. Box 9034, Olympia, WA 98507-9034, e-mail collect@dol.wa.gov, fax (360) 570-7875, by August 11, 2004.

Assistance for Persons with Disabilities: Contact Harumi Tucker Tolbert by August 11, 2004, TTY (360) 664-8885 or (360) 664-1389.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department has reviewed the rule noted and recommends amending with new reduced fee levels, which will allow for a sufficient level of revenue to defray the costs of administering the program without overcollecting revenue.

Reasons Supporting Proposal: Amending the rule with a fee decrease will still ensure that there is a sufficient level of revenue to defray program administration costs as required under RCW 43.24.086 without overcollecting revenue.

Statutory Authority for Adoption: RCW 19.16.140, 43.24.086.

Statute Being Implemented: RCW 19.16.140.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Amends one rule reducing fees for collection agency main and branch offices. New reduced fees will still allow the department sufficient revenue in order to maintain the costs associated with the administration of the program without overcollecting revenue.

Name of Proponent: Department of Licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Harumi Tucker Tolbert, 405 Black Lake Boulevard S.W., Building 2, Olympia, WA 98502, (360) 664-1389.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 43.24.086 requires that regulatory programs raise sufficient revenue to be self-supporting. The current level of revenue collection warrants a reduction in fees and still maintains the level of revenue required to administratively operate the program. There is no adverse impact to the businesses.

A cost-benefit analysis is not required under RCW 34.05.328. No increase in costs to the businesses - only a reduction in fees.

July 1, 2004

Mykel D. Gable

Assistant Director

OTS-7306.1


AMENDATORY SECTION(Amending WSR 01-11-132, filed 5/22/01, effective 6/22/01)

WAC 308-29-045   Collection agency fees.   The following fees shall be charged by the business and professions division of the department of licensing:


Title of Fee Fee
Collection agency -- Main office:
Original application $650.00
((Investigation (nonrefundable) 250.00))
Renewal ((600.00)) 410.00
((Late renewal penalty 400.00))
Reregistration fee after 30 days ((1,650.00)) 1,060.00
((Duplicate license 15.00))
Branch office (with WA main office):
Original application 350.00
Renewal ((350.00)) 238.00
((Late renewal penalty 200.00))
Reregistration fee after 30 days ((900.00)) 588.00
((Duplicate license 15.00))

[Statutory Authority: [RCW 19.16.410]. 01-11-132, 308-29-045, filed 5/22/01, effective 6/22/01. Statutory Authority: RCW 43.24.086. 90-06-052, 308-29-045, filed 3/2/90, effective 4/2/90; 87-10-028 (Order PM 650), 308-29-045, filed 5/1/87. Statutory Authority: 1983 c 168 12. 83-22-060 (Order PL 446), 308-29-045, filed 11/2/83; 83-17-031 (Order PL 442), 308-29-045, filed 8/10/83. Formerly WAC 308-29-040.]

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