DEPARTMENT OF LICENSING
[Filed October 22, 2018, 3:09 p.m., effective November 22, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The adopted language amends rules to allow the department to:
|-||Establish and administer a trust recovery fund no later than January 2019 to provide relief to students in the event of a school closure;|
|-||Adopt a schedule for collecting fees to reach the amount determined within five years from the effective date of the act.|
Citation of Rules Affected by this Order: New WAC 308-20-580.
Adopted under notice filed as WSR 18-18-083 on September 4, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: October 22, 2018.
WAC 308-20-580Tuition recovery trust fund (TRTF).
(1) TRTF funding.
(a) Upon submission of an initial school license application, a deposit of three hundred dollars into the TRTF is required. A change in school location does not exempt the school from the initial application deposit.
(b) Upon submission of a renewal application, a deposit of .16% (.0016) of the school's gross annual tuition for the previous calendar year into the TRTF is required.
(c) Renewal applications for schools whose gross annual tuition for the previous calendar year is zero, will be required to deposit twenty-five dollars into the TRTF.
(d) Failure to submit a deposit is grounds for denial of a renewal application.
Initial application deposit
.16% of previous calendar year gross annual tuition
Renewal deposit (if gross annual tuition is zero)
(2) The department shall periodically review the fund balance to ensure the fund is of a sufficient balance.
(3) The department will attempt to notify all potential claimants within thirty days of receiving closure notification from a school.
(4) Students will have three years from the last date of attendance at the school to file a claim. Claims must be submitted in writing to the department of licensing.
(5) After verification and review, the department shall disburse funds from the TRTF to settle claims for an amount up to the value of unearned prepaid tuition.
(6) Schools will notify students of the TRTF program.