WSR 11-20-088

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 4, 2011, 1:07 p.m. ]

Original Notice.

Expedited rule making -- Proposed notice was filed as WSR 11-15-088.

Title of Rule and Other Identifying Information: WAC 308-29-045 Collection agency fees.

Hearing Location(s): Department of Licensing, 405 Black Lake Boulevard S.W., Room 2209, Second Floor, Olympia, WA 98502, on November 10, 2011, at 3:00 p.m.

Date of Intended Adoption: November 11, 2011.

Submit Written Comments to: Harumi Tolbert, Program Manager, Department of Licensing, P.O. Box 1098, Olympia, WA 98507-1098, e-mail collect@dol.wa.gov, by November 7, 2011.

Assistance for Persons with Disabilities: Contact Margaret Vogeli by November 3, 2011, TTY (360) 664-0116 or (360) 664-1529.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule increases licensing fees to support operating costs for the collection agency program. This increase was authorized by the 2011 legislature to enable the program better to address a growing number of consumer complaints. No substantive changes to regulatory requirements or practices are proposed.

Reasons Supporting Proposal: Under RCW 43.24.086 "(i)t shall be the policy of the state of Washington that the cost of each professional, occupational[,] or business licensing program be fully borne by the members of that profession, occupation[,] or business."

Statutory Authority for Adoption: Chapter 50, Laws of 2011 (session law), RCW 19.16.140, 43.24.086.

Statute Being Implemented: Chapter 50, Laws of 2011 (session law).

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, Department of Licensing, Olympia, Washington, (360) 664-1389; Implementation and Enforcement: Harumi Tolbert, Department of Licensing, Olympia, Washington, (360) 664-1389.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule change is solely for a statutorily required fee increase. It does not modify any substantive regulations, and its impacts cannot be mitigated. Preparation of a small business economic impact statement is not indicated under these circumstances.

A cost-benefit analysis is not required under RCW 34.05.328. Rules solely "adjust(ing) fees ... pursuant to legislative standards" are exempt from the general requirements of RCW 34.05.328, including preparation of cost-benefit analyses, by RCW 34.05.328 (5)(b)(vi).

October 4, 2011

Ben T. Shomshor

Rules Coordinator

OTS-4095.1


AMENDATORY SECTION(Amending WSR 04-18-043, filed 8/26/04, effective 10/1/04)

WAC 308-29-045   Collection agency fees.   The following fees ((shall)) will be charged by the business and professions division of the department of licensing:


Title of Fee Fee
Collection agency -- Main office:
Original application $((650.00)) 850.00
Renewal ((410.00)) $475.00
Reregistration fee after 30 days ((1,060.00)) $1,325.00
Branch office (with WA main office):
Original application ((350.00)) $550.00
Renewal ((238.00)) $300.00
Reregistration fee after 30 days ((588.00)) $850.00
Out-of-state collection agency -- Main office:
Original application $425.00
Renewal $237.50
Reregistration fee after 30 days $662.50
Branch office -- With out-of-state main office:
Original application $275.00
Renewal $150.00
Reregistration fee after 30 days $425.00

[Statutory Authority: RCW 19.16.140, 43.24.086. 04-18-043, 308-29-045, filed 8/26/04, effective 10/1/04. Statutory Authority: [RCW 19.16.410]. 01-11-132, 308-29-045, filed 5/22/01, effective 6/22/01. Statutory Authority: RCW 43.24.086. 90-06-052, 308-29-045, filed 3/2/90, effective 4/2/90; 87-10-028 (Order PM 650), 308-29-045, filed 5/1/87. Statutory Authority: 1983 c 168 12. 83-22-060 (Order PL 446), 308-29-045, filed 11/2/83; 83-17-031 (Order PL 442), 308-29-045, filed 8/10/83. Formerly WAC 308-29-040.]

Washington State Code Reviser's Office