WSR 07-12-081

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed June 5, 2007, 11:37 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information:

Licensing Program Title of Rule and Other Identifying Information Statutory Authority for Adoption Statute Being Implemented
Auctioneers WAC 308-11-030 Auctioneer fees RCW 18.11.200 and 43.24.086 RCW 18.11.200
Court reporters WAC 308-14-200 Court reporter fees RCW 18.145.050 and 43.24.086 RCW 18.145.050
Sellers of travel WAC 308-129-210 Seller of travel registration fees RCW 19.138.170 and 43.24.086 RCW 19.138.170

Hearing Location(s): Department of Licensing, Business and Professions Division, Building 2, Conference Room 209, 405 Black Lake Boulevard S.W., Olympia, WA 98507, on July 10, 2007, at 1:00 p.m.

Date of Intended Adoption: July 11, 2007.

Submit Written Comments to: Sandra Gonzales, Department of Licensing, Business and Professions Division, P.O. Box 9026, Olympia, WA 98507, e-mail sgonzales@dol.wa.gov, fax (360) 664-2550, by July 6, 2007.

Assistance for Persons with Disabilities: Contact Sandra Gonzales by July 6, 2007, TTY (360) 664-8885 or (360) 664-6649.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to increase fees. Increasing the fees will allow the programs to cover administration costs and maintain a reasonable fund balance.

Reasons Supporting Proposal: The current level of revenue collection in these programs is insufficient to cover administration costs.

In summary, RCW 43.24.086 requires each professional, occupational, or business licensing program be fully borne by the members of that profession, occupation, or business. Fees are to be set for each program at a sufficient level to cover the costs of administering that program. In addition, pursuant to RCW 43.135.055, during the 2007-09 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.

Statutory Authority for Adoption: See chart above.

Statute Being Implemented: See chart above.

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: It is anticipated the fees will become effective on September 1, 2007.

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Trudie Touchette, 405 Black Lake Boulevard S.W., (360) 664-6649; and Enforcement: Susan Colard, 405 Black Lake Boulevard S.W., (360) 664-6649.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule will have minor impact to businesses in the industry.

RCW 43.24.086 requires that licensing programs raise sufficient revenue to be self-supporting.

Pursuant to RCW 43.135.055, during the 2007-09 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.

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.

June 4, 2007

Ralph Osgood

Assistant Director

OTS-9272.2


AMENDATORY SECTION(Amending WSR 04-17-074, filed 8/13/04, effective 10/1/04)

WAC 308-11-030   Auctioneer fees.   The following fees shall be charged by the business and professions division of the department of licensing:

Title of Fee Fee
Auctioneer:
Initial application $((100.00)) 155.00
Renewal ((85.00))

155.00

Late renewal penalty ((75.00))

100.00

Duplicate license 15.00
Certification 25.00
Auction company:
Initial application ((200.00))

255.00

Renewal ((175.00))

255.00

Late renewal penalty 100.00
Duplicate license 15.00

[Statutory Authority: RCW 18.11.060, 43.24.086, 43.24.023. 04-17-074, 308-11-030, filed 8/13/04, effective 10/1/04. Statutory Authority: RCW 18.11.060, 43.24.086 and 43.135.055. 98-16-061, 308-11-030, filed 8/3/98, effective 9/3/98. Statutory Authority: RCW 43.24.086. 90-06-052, 308-11-030, filed 3/2/90, effective 4/2/90; 87-10-028 (Order PM 650), 308-11-030, filed 5/1/87. Statutory Authority: RCW 18.11.060. 86-21-127 (Order PM 622), 308-11-030, filed 10/22/86. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-11-030, filed 8/10/83. Formerly WAC 308-11-001.]

OTS-9273.2


AMENDATORY SECTION(Amending WSR 04-17-073, filed 8/13/04, effective 10/1/04)

WAC 308-14-200   Court reporter fees.   The following fees shall be charged by the business and professions division, department of licensing:

Title of Fee Fee
Certification
Application $((95.00))

116.00

Renewal ((40.00))

61.00

Late renewal penalty 80.00
Verification 25.00
Duplicate 15.00

[Statutory Authority: RCW 18.145.050, 43.24.086, 43.24.023. 04-17-073, 308-14-200, filed 8/13/04, effective 10/1/04. Statutory Authority: RCW 18.145.050, 43.24.086 and 43.135.055. 98-16-060, 308-14-200, filed 8/3/98, effective 9/3/98. Statutory Authority: Chapter 18.145 RCW and RCW 43.24.086. 90-10-009, 308-14-200, filed 4/20/90, effective 5/21/90.]

OTS-9275.2


AMENDATORY SECTION(Amending WSR 04-19-039, filed 9/13/04, effective 11/1/04)

WAC 308-129-110   Seller of travel registration fees.   The following fees shall be charged by the business and professions division of the department of licensing:

Title of Fee Fee
Original registration fee $ ((145.00)) 202.00
Registration renewal ((145.00))

202.00

Service of process fee 20.00

Branch offices are subject to a duplicate registration fee. The duplicate registration fee for each branch office shall be an amount equal to the original registration fee.

[Statutory Authority: RCW 19.138.170, 43.24.023, 43.24.086. 04-19-039, 308-129-110, filed 9/13/04, effective 11/1/04. Statutory Authority: RCW 19.138.170, 43.24.023. 04-12-027, 308-129-110, filed 5/26/04, effective 7/1/04. Statutory Authority: RCW 19.138.170(1). 00-01-128, 308-129-110, filed 12/20/99, effective 1/20/00. Statutory Authority: Chapter 19.138 RCW. 96-14-092, 308-129-110, filed 7/2/96, effective 8/2/96.]

Washington State Code Reviser's Office