WSR 11-13-065

EMERGENCY RULES

DEPARTMENT OF LICENSING


[ Filed June 15, 2011, 8:27 a.m. , effective July 1, 2011 ]


Effective Date of Rule: July 1, 2011.

Purpose: To ensure continuation of the master license service (MLS) handling fees after June 30, 2011.

Citation of Existing Rules Affected by this Order: Amending WAC 308-300-160.

Statutory Authority for Adoption: RCW 19.02.020(3), 19.02.075 (as amended by 2011 SHB 2017).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Provisions of the enactment of 2011 SHB 2017, section 8 include: (1) Deleting the dollar amount of the MLS handling fees from statute, (2) authorizing the setting of the fee amounts by administrative rule, and (3) setting a cap on the amount those fees may be set at by rule. The legislation was signed into law on May 10, 2011, and becomes effective on July 1, 2011. A handling fee dollar amount authority will not exist for the self-supporting MLS program after June 30, 2011, unless an administrative rule is adopted to set the respective fee amounts. There is insufficient time between the enactment of the law and the effective date of the statute change to conduct normal rule-making activities. An emergency rule adoption allows continued, statutorily-mandated operation of MLS after June 30, 2011, until a permanent rule can be adopted.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 1 [June 15], 2011.

Ben T. Shomshor

Rules Coordinator

OTS-3980.1


AMENDATORY SECTION(Amending WSR 10-13-039, filed 6/8/10, effective 7/9/10)

WAC 308-300-160   Total fee payable -- Handling of fees.   (1) The fee payable will be the total amount of all individual license fees, late filing fees, other penalty fees, and handling fees, and may include additional fees charged to cover credit or debit card processing.

(2) The department will distribute the fees received for individual licenses issued or renewed to the appropriate agencies on an established schedule.

(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.

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

(5) The master license service handling fee amounts are:

Type of handling fee: Fee amount:
Master business application filing $15.00
License renewal application filing $9.00

[Statutory Authority: RCW 19.02.030(3). 10-13-039, 308-300-160, filed 6/8/10, effective 7/9/10; Order 476-DOL, 308-300-160, filed 12/30/77.]

Washington State Code Reviser's Office