Effective Date of Rule: December 31, 2012.

     Purpose: The purpose of this rule making is to revise the insurance and bond filing requirements for contractors to reflect changes in new technology. Currently, the department is required to maintain a hard copy of the documents; however, the department has the ability to receive the information through an electronic system, which eliminates the need for paper.

     Citation of Existing Rules Affected by this Order: Amending WAC 296-200A-025.

     Statutory Authority for Adoption: Chapter 18.27 RCW.

      Adopted under notice filed as WSR 12-16-065 on July 31, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: November 6, 2012.

Judy Schurke

Director

OTS-4856.2

AMENDATORY SECTION(Amending WSR 09-10-079, filed 5/5/09, effective 6/5/09)

WAC 296-200A-025   How does a contractor register, renew, reregister or reinstate its registration?   (1) A contractor may register/renew/reregister/reinstate if it:

     (a) Complete an application for contractor registration, have it notarized, and submit it to the department as required by RCW 18.27.030;

     (b) Satisfies one of the following:

     (i) Obtains a continuous surety bond in the total amount specified in WAC 296-200A-030 and submits the original bond ((with bond number)) to the department or submits the bond information through the department of labor and industries' electronic bond and insurance policy system (EBIPS) (see RCW 18.27.040); or

     (ii) Assigns, to the department, a security deposit in the form of a savings account held in a Washington state bank on a department issued form (F625-000-008) in the amounts specified in WAC 296-200A-030;

     (c) Obtains public liability and property damage insurance and submits the original insurance certificate ((with policy number)) to the department or submits the insurance information through the department of labor and industries' electronic bond and insurance policy system (EBIPS) (see RCW 18.27.050); and

     (d) Pays the issuance/renewal/reregistration/reinstatement fee shown in WAC 296-200A-900.

     (2) A contractor may renew its registration if it submits, to the department, a completed contractor registration renewal notice and the material required in subsection (1)(b) and (c) of this section and pays the renewal fee shown in WAC 296-200A-900. No more than forty-five days before the contractor's registration expires, the department must send a renewal notice to the contractor's last recorded address with the contractor registration program. It is the responsibility of the contractor to notify the department within ten days and in writing of a change in address.

     (3) The contractor must submit all required documents to the department in a manner approved by the department as set forth in this subsection:

     (a) Include, on each document, the name exactly as it appears on the contractor registration application or renewal notice;

     (b) Include, if renewing a registration, the contractor's registration number on each of the documents;

     (c) Include a copy of the certificate or document (when required) by the secretary of state for the contractor to do business in the state of Washington; and

     (d) Have and maintain an active and valid unified business identifier (certificate of registration) with the department of revenue.

     (4) The department will not register, renew, or reinstate the registration of a contractor if:

     (a) Any of the required documents are missing, false, or are incomplete;

     (b) The documents do not have the legal name of the contractor as documented on official governmental issued photo identification;

     (c) In the case of a renewal, the documents do not include the registration number or UBI number; or

     (d) The applicant or person pursuant to RCW 18.27.030 has an unsatisfied final judgment based on work which is subject to chapter 18.27 RCW and this chapter.

     (5) The contractor may request, in a letter filed with the application or renewal materials, that the registration period end on a particular day. However, the registration period cannot exceed two years.

[Statutory Authority: Chapter 18.27 RCW and 2008 c 120. 09-10-079, § 296-200A-025, filed 5/5/09, effective 6/5/09. Statutory Authority: Chapter 18.27 RCW and 2007 c 436. 08-16-091, § 296-200A-025, filed 8/4/08, effective 9/4/08. Statutory Authority: RCW 18.27.040, 18.27.070, 18.27.075, 18.27.125, 2001 c 159, and chapter 18.27 RCW. 03-20-097, § 296-200A-025, filed 9/30/03, effective 11/17/03. Statutory Authority: Chapter 18.27 RCW. 97-24-071, § 296-200A-025, filed 12/2/97, effective 1/5/98.]