WSR 04-16-117

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 4, 2004, 10:03 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Chapter 308-127 WAC, Timeshare, amending WAC 308-127-160 Fees.

Hearing Location(s): Department of Licensing, Business and Professions Division, Building 2, Conference Room 209, 405 Black Lake Boulevard, Olympia, WA 98502, on September 9, 2004, at 2:30 p.m.

Date of Intended Adoption: September 10, 2004.

Submit Written Comments to: Randy Renfrow, Timeshare Program, P.O. Box 9026, Olympia, WA 98507, e-mail rrenfrow@dol.wa.gov, fax (360) 664-6632, by September 8, 2004.

Assistance for Persons with Disabilities: Contact Randy Renfrow by September 8, 2004, TTY (360) 664-8885 or (360) 664-6632.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department has reviewed the rule noted and recommends a reduction in fees to reduce the level of revenue collected.

Reasons Supporting Proposal: The current level of revenue collection warrants a reduction in fees and still maintains the level of revenue required to administratively operate the program as required under RCW 43.24.086.

Statutory Authority for Adoption: RCW 64.36.081, 43.24.023, 43.24.086.

Statute Being Implemented: RCW 64.36.081.

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

Name of Proponent: Department of Licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randy Renfrow, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-6632.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to rules that set or adjust fees or rates pursuant to legislative standards.

August 4, 2004

Mykel D. Gable

Assistant Director

OTS-7422.1


AMENDATORY SECTION(Amending WSR 04-12-028, filed 5/26/04, effective 7/1/04)

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. $1000.00
Each additional project in program. 200.00
Each apartment unit in program. ((20.00))

10.00

The first unit of personal property in the timeshare program. 500.00
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. 500.00
Late renewal fee for timeshare program. 2000.00
Each additional project to a maximum of five projects. 200.00
Each apartment unit - to maximum of twenty-five apartment units. ((20.00))

10.00

(4) Consolidation fees:
Each additional project added. 200.00
Each additional apartment unit. ((20.00))

10.00

The first additional unit of personal property being consolidated. 250.00
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. 25.00
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. 25.00
Renewal. 25.00
Transfer. 25.00
(10) Fees for amendment of registration:
For a timely submission of an amendment filing. 25.00
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 64.36.270, 43.24.023. 04-12-028, 308-127-160, filed 5/26/04, effective 7/1/04; 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.]

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