WSR 06-17-154

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 22, 2006, 4:08 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-15-120.

Title of Rule and Other Identifying Information: Amending WAC 308-30-020 Maximum fees that may be charged by notaries public.

Hearing Location(s): Department of Licensing, Room 102, 405 Black Lake Boulevard, Olympia, WA 98502, on September 27, 2006, at 3:00 p.m.

Date of Intended Adoption: September 29, 2006.

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 September 25, 2006.

Assistance for Persons with Disabilities: Contact Linda Mead by September 20, 2006, 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 a notary may charge for services performed. State law currently limits the fee a notary public can charge to $5 for each notarial act, a limit established in 1985. The proposed fee is a maximum of $10 for each notarial act, plus mileage and copying costs.

Reasons Supporting Proposal: Costs of doing business have increased since 1985.

Statutory Authority for Adoption: RCW 42.44.190.

Statute Being Implemented: RCW 42.44.190.

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: 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: Nancy Skewis, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1446.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

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

August 23 [22], 2006

Nancy Skewis

Administrator

OTS-9141.1


AMENDATORY SECTION(Amending WSR 93-05-009, filed 2/5/93, effective 3/8/93)

WAC 308-30-020   ((Maximum fees that may be charged by notaries public.)) What fees may a notary public charge?   ((A notary public need not charge fees for notarial services. When fees are charged, notaries shall display in a prominent place, at the place of business, to the public, an English language schedule of fees for notarial acts. No part of the displayed notarial fee schedule may be printed in smaller than 10 pt. type. The following are the maximum fees that may be charged by notaries public for the following services:

(1) Witnessing or attesting a signature with or without seal or stamp, five dollars.

(2) Taking acknowledgment, or verification upon oath or affirmation, five dollars for the first two persons and five dollars for each additional person.

(3) Certifying or attesting a copy, with or without seal or stamp, five dollars.

(4) Receiving or noting a protest of a negotiable instrument, five dollars.

(5) Being present at demand, tender, or deposit, and noting the same, besides mileage at the rate of one dollar per mile, five dollars.

(6) For copying any instrument or record, per page, besides certificate and seal or stamp, one dollar for the first page and twenty-five cents for each remaining page.

(7) Administering an oath or affirmation, five dollars.

(8) Certifying that an event has occurred or an act has been performed, five dollars.)) (1) The maximum fees a notary may charge for notarial acts are:


NOTARIAL ACT FEE
Witnessing or attesting a signature $10.00
Taking acknowledgement or verification upon oath or affirmation $10.00
Certifying or attesting a copy $10.00
Receiving or noting a protest of a negotiable instrument $10.00
Being present at demand, tender, or deposit, and noting the same $10.00
Administering an oath or affirmation $10.00
Certifying that an event has occurred or an act has been performed $10.00

(2) A notary public need not charge for notarial acts. A notary who chooses to charge for notarial acts shall conspicuously display in their place of business, or present to each customer outside their business, an English-language schedule of fees for notarial acts. No part of the displayed notarial fee schedule may be printed in smaller than 10-point type.

(3) A notary may charge actual costs of copying any instrument or record.

(4) A notary may charge a travel fee when traveling to perform a notarial act if:

(a) The notary and the person requesting the notarial act agree upon the travel fee in advance of the travel; and

(b) The notary explains to the person requesting the notarial act that the travel fee is in addition to the notarial fee in subsection (1) of this section and is not required by law.

[Statutory Authority: RCW 42.44.190. 93-05-009, 308-30-020, filed 2/5/93, effective 3/8/93. Statutory Authority: 1985 c 156 5 and 20. 85-24-025 (Order PL 571), 308-30-020, filed 11/26/85, effective 1/1/86.]

Washington State Code Reviser's Office