WSR 05-09-028

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed April 12, 2005, 2:43 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 308-30-100 Fees.

Hearing Location(s): Department of Licensing, Room 209, 405 Black Lake Boulevard, Olympia, WA 98502, on May 24, 2005, at 3:00 p.m.

Date of Intended Adoption: May 26, 2005.

Submit Written Comments to: Linda Mead, Program Manager, P.O. Box 9027, Olympia, WA 98507-9027, e-mail Notaries@dol.wa.gov, fax (360) 586-4414, by May 20, 2005.

Assistance for Persons with Disabilities: Contact Linda Mead by May 20, 2005, TTY (360) 664-8885 or (360) 664-1550.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To increase the fees for an application for notary appointment and also for renewal of notary appointment. The amount of the increase is $10.00 for a four-year appointment.

Reasons Supporting Proposal: The notary program is subject to RCW 43.24.086 that requires the program to be self-supporting.

Statutory Authority for Adoption: RCW 43.24.086, 42.44.190, 43.35.055, WAC 308-30-100.

Statute Being Implemented: RCW 42.44.190 and 43.24.086.

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: The budget for 2003-2005 provided the following:

"Pursuant to RCW 43.135.055, during the 2003-05 fiscal biennium, the department may increase fees in excess of the fiscal growth factor if the increases are necessary to fully fund the costs of the licensing programs."

The fees for this program were last adjusted fifteen years ago. Program expenditures currently exceed revenues and the six-year budget projections indicate a larger deficit as expenditures increase. The proposed fees should sustain the program until 2011.

Name of Proponent: Department of Licensing, governmental.

Name of Agency Personnel Responsible for Drafting: Margaret Vogeli, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1530; Implementation: Linda Mead, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1531; and Enforcement: Jon Donnellan, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1528.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3) this rule making is exempt.

A cost-benefit analysis is not required under RCW 34.05.328. The Department of Licensing is not one of the named agencies.

April 11, 2005

Jon Donnellan

Administrator

OTS-8027.1


AMENDATORY SECTION(Amending WSR 90-06-052, filed 3/2/90, effective 4/2/90)

WAC 308-30-100   Fees.   The following fees shall be charged by the director of the department of licensing:

Title of Fee Fee
Application for notary appointment $((20.00))

30.00

Renewal of notary appointment ((20.00))

30.00

Duplicate certificate of appointment (including change of name) 15.00
Evidence of verification of notarial commission 15.00
Apostille 15.00

[Statutory Authority: RCW 43.24.086. 90-06-052, 308-30-100, filed 3/2/90, effective 4/2/90. Statutory Authority: 1985 c 156 5 and 20. 85-24-025 (Order PL 571), 308-30-100, filed 11/26/85, effective 1/1/86.]

Washington State Code Reviser's Office