WSR 09-04-079

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed February 3, 2009, 11:12 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-14-114.

Title of Rule and Other Identifying Information: WAC 308-390-102 UCC records delivery and time of filing.

Hearing Location(s): 405 Black Lake Boulevard, Room 2209, Olympia, WA 98502, on March 10, 2009, at 9:00 a.m.

Date of Intended Adoption: March 12, 2009.

Submit Written Comments to: Margaret Vogeli, P.O. Box 9660, Olympia, WA 98507-9660, e-mail UCC@DOL.WA.GOV, fax (360) 586-4414, by March 6, 2009.

Assistance for Persons with Disabilities: Contact Margaret Vogeli by March 6, 2009, TTY (360) 664-8885 or (360) 664-1530.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To align rule with national standards and new system requirements; changing the file time assigned to records delivered by postal service, describing acceptable means of communication; and clarifying the only means to indicate that a debtor is a transmitting utility.

Reasons Supporting Proposal: The International Association of Commercial Administrators establish model rules for UCC filing offices. These changes reflect recent changes in the model rules and contribute to more accurate reporting on performance by the filing office.

Statutory Authority for Adoption: RCW 62A.9A-526.

Statute Being Implemented: RCW 62A.9A-515, 62A.9A-516, 62A.9A-519.

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, Olympia, Washington, (360) 664-1530; Implementation and Enforcement: Nancy Skewis, Olympia, Washington, (360) 664-1446.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Internal procedures and policies. No impact.

A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is exempt from the provisions of this law.

January 30, 2009

Nancy Skewis

Administrator

OTS-2008.3


AMENDATORY SECTION(Amending WSR 04-15-100, filed 7/19/04, effective 8/19/04)

WAC 308-390-102   Means to deliver UCC records ((delivery)) and time of filing.   UCC ((documents)) records may be tendered for filing at the filing office as follows:

(1) Personal delivery, at the filing office's street address between ((8:30)) 8:00 a.m. and ((4:30)) 5:00 p.m., Monday through Friday except state holidays. The file time for a UCC ((document)) record delivered by this method is when the UCC ((document)) record is ((received)) first examined by ((the)) a filing ((office ()) officer for processing, even though the UCC ((document)) record may not yet have been accepted for filing and subsequently may be rejected(())).

(2) ((Express mail delivery, at the filing office's street address during regular business hours. The file time for a UCC document delivered by this method is 5:00 p.m. on the day of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of 5:00 p.m. on the next day the filing office is open for business.)) Courier delivery at the filing office's street address. Delivery by courier is considered personal delivery under subsection (1) of this section and the same rules apply.

(3) Postal service delivery, to the filing office's mailing address. The file time for a UCC ((document)) record delivered by this method is ((5:00 p.m. on the day of delivery ()) when the UCC record is first examined by a filing officer for processing, even though the UCC ((document)) record may not yet have been accepted for filing and subsequently may be ((subsequently)) rejected(())). ((A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of 5:00 p.m. on the next day the filing office is open for business.))

(4) Electronic mail and telefacsimile delivery((, to the filing office's e-mail address or the filing office's fax filing telephone number,)) are not accepted.

(5) Electronic filing. ((Financing statements)) UCC records may be ((entered on-line after July 1, 2001, as described in WAC 308-390-313 and 308-390-315)) transmitted electronically using the XML Format prescribed by the filing office. The time of filing of a ((financing statement delivered by direct on-line access or by web page data entry)) UCC record delivered by this method is the time ((that)) the filing office's information management system ((analyzes the relevant transmission,)) determines that all the required elements of the transmission have been received in ((a)) the required format((, and acknowledges acceptance to that system)).

(6) Direct web page data entry. UCC records may be delivered by on-line data entry using the filing office's web site on the internet. The file time for a UCC record delivered by this method is the time the entry of all required elements of the UCC record in the proper format is acknowledged by the on-line entry system.

(7) Means of communication. Regardless of the method of delivery, information in UCC records communicated to the filing office must be machine-readable and only in the form of characters included in the American National Standards Institute (ANSI) character set 0-255. Handwriting is not an acceptable means of completing any UCC form.

(8) Transmitting utility. The only means to indicate to the filing office that an initial financing statement is being filed against a debtor that is a transmitting utility, in order to affect the filing office's determination of lapse date, is to check the appropriate box on a UCC1 Addendum filed with the initial financing statement or by transmitting the information in the proper field in an electronic filing of the initial financing statement.

[Statutory Authority: RCW 62A.9A-526, chapters 60.11, 60.13, 60.68 RCW. 04-15-100, 308-390-102, filed 7/19/04, effective 8/19/04. Statutory Authority: Chapters 62A.9, 60.11, 60.13, 60.68, and 62A.9A RCW. 01-10-056, 308-390-102, filed 4/27/01, effective 7/1/01.]

Washington State Code Reviser's Office