WSR 10-09-096

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed April 21, 2010, 7:59 a.m. ]

Original Notice.

Expedited rule making -- Proposed notice was filed as WSR 10-01-124.

Title of Rule and Other Identifying Information: Revision of WAC 308-300-160 Total fee payable -- Handling of fees. Deletion of WAC 308-300-075 Handling fee.

Hearing Location(s): Washington State Department of Licensing, 405 Black Lake Boulevard S.W., Room 209, Olympia, WA 98502, on June 3, 2010, at 1:00 to 3:00 p.m.

Date of Intended Adoption: June 8, 2010.

Submit Written Comments to: Jim Dick, Department of Licensing, MLS, P.O. Box 9034, Olympia, WA 98507-9034, e-mail jdick@dol.wa.gov, fax (360) 570-7875, by June 1, 2010.

Assistance for Persons with Disabilities: Contact Jim Dick by May 24, 2010, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revision of WAC 308-300-160 Total fee payable -- Handling of fees. Deletion of WAC 308-300-075 Handling fee. WAC 308-300-160, to add credit and debit card payment options when submitting a master business application on-line or in person. To align rule with current business practices. WAC 308-300-075, to remove an obsolete rule that contains inaccurate policy and handling fee inconsistent with RCW 19.02.075.

Reasons Supporting Proposal: WAC 308-300-160, this is part of an agency-wide customer service initiative to provide greater convenience to customers. WAC 308-300-075, this removes a rule that contains inaccuracies, inconsistent with chapter 19.02 RCW and department policy.

Statutory Authority for Adoption: RCW 19.02.030(3).

Statute Being Implemented: RCW 19.02.070, 19.02.075.

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

Name of Proponent: Washington state department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Skewis, Department of Licensing, Olympia, Washington, (360) 664-1446.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no disproportionate impact to small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to the department of licensing.

April 21, 2010

Walt Fahrer

Rules Coordinator

OTS-2793.3


AMENDATORY SECTION(Amending Order 476-DOL, filed 12/30/77)

WAC 308-300-160   Total fee payable -- Handling of fees.   (1) The ((total)) fee payable ((shall)) will be the total amount of all individual license fees, late filing fees, other penalty fees, ((and the industrial insurance premium deposit on original application, if applicable. Payment shall be by check or money order, payable to the department of licensing at the time of application)) and handling fees, and may include additional fees charged to cover credit or debit card processing.

(2) ((The total fee payments in subsection (1) will be deposited within one working day of receipt by the department into an undistributed receipts account. The amount of the total fee payment attributable to the assigned initial risk classification and resulting industrial insurance premium deposit will be transferred to the account of the department of labor and industries. An itemization of the amounts received from each applicant and pertinent application information will be transmitted to the department of labor and industries.

(3))) The department will distribute the fees received for individual licenses issued or renewed ((at least once a month)) to the appropriate agencies on an established schedule. ((Liquor license fees and fees received for other licenses for which the appropriate agency has withheld notification of approval or denial will be held in the undistributed receipts account of the department until those licenses are issued or denied.

(4))) (3) The master license will not be issued until the full amount of the total fee payable is collected. When the fee payment received is less than the total fee payable, the department will bill the applicant for the balance.

(((5))) (4) The master license service application and renewal handling fees collected under RCW 19.02.075 are not refundable. When ((an individual)) a license is denied or when an applicant withdraws an application, a refund ((shall)) of any other refundable portion of the total payment will be made ((if authorized by the appropriate agency)) in accordance with the applicable licensing laws.

[Order 476-DOL, 308-300-160, filed 12/30/77.]

OTS-3180.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 308-300-075 Handling fee.

Washington State Code Reviser's Office