DEPARTMENT OF TRANSPORTATION

[Filed April 16, 2019, 12:51 p.m.]

Preproposal statement of inquiry was filed as WSR 19-03-070.

Title of Rule and Other Identifying Information: Administration of toll and fee collection, accounts and penalties on Washington state toll facilities.

Hearing Location(s): On May 21, 2019, at 8:30 a.m., at the Washington State Department of Transportation (WSDOT) Headquarters Building, Nisqually Conference Room, 310 Maple Park Avenue S.E., Olympia, WA 98501.

Date of Intended Adoption: May 21, 2019.

Submit Written Comments to: WSDOT Toll Division, 401 Second Avenue South, Suite 300, Seattle, WA 98401-3850, email TollingReferrals@wsdot,wa,gov [TollingReferrals@wsdot.wa.gov], fax 206-464-1189, by May 20, 2019.

Assistance for Persons with Disabilities: Contact Karen Engle, phone 360-704-6362, TTY 711, email engleka@wsdot.wa.gov, by May 17, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WSDOT has statutory authority to administer tolls on designated toll facilities, RCW 47.56.030(1) and 47.56.795. Rules are needed to define customer requirements to use toll facilities and WSDOT procedures for processing transactions and penalties. This rule making is required to update specific requirements and procedures that will change when a new toll back office system becomes operational. The proposed rule defines a new customer account type, deletes account options that are no longer used, and updates the order of payment to pending account charges. Edits are proposed throughout the rule to improve clarity and better align the rules to current tolling practices.

Reasons Supporting Proposal: The new toll back office system will provide new options and functionality for toll customers as well as more efficient and accountable toll collection.

Statutory Authority for Adoption: RCW 46.63.160(5), 47.01.101(5).

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

Name of Proponent: WSDOT, toll division, governmental.

Name of Agency Personnel Responsible for Drafting: Rob Fellows, Seattle, Washington, 206-464-1257; Implementation and Enforcement: Ed Barry, Seattle, Washington, 206-464-1217.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to subsection (5) of RCW 34.05.328, WSDOT is not required to develop a cost-benefit analysis for rules relating only to internal governmental operations that are not subject to violation by a nongovernmental party.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Aril [April] 12, 2019

Kara Larsen, Director

Legal Services Division

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-001Definitions.

The following terms and acronyms shall have the meanings set forth as below.

(("Active account" means an open Good To Go!™ toll account with a positive balance sufficient to cover tolls and fees to which may be recorded by the customer service center system.))

"Administrative fee" means ((the))a fee imposed by WSDOT for toll collection processing and other activities as set forth in chapter 468-270 WAC.

"Administrative hearing" means ((an in-person or written))a hearing ((before))with an administrative law judge to contest WSDOT's written decision in response to a notice of dispute regarding a notice of civil penalty.

"Administrative law judge (ALJ)" means a judge provided by the office of administrative hearings authorized to conduct administrative hearings.

"((Automatic replenishment))Auto Pay" means the addition of money to ((an active toll))an account using a ((customers'))customer's predesignated payment method ((according to the Good To Go!™ terms and conditions.

"Branded debit card" means a debit card that can be used as a credit card)).

"Civil penalty" means the penalty assessed for any unpaid tolls.

(("Closed account" means a toll account that has been closed.

"Commercial account" means a uniquely identifiable type of account for a toll customer who requests more than six Passes for their account.))

"Commission" means the transportation commission appointed by the governor of the state of Washington. The commission is responsible for setting toll rates, fees and ((schedules))appropriate exemptions consistent with RCW 47.56.850.

"Customer service center (CSC)" means the place that customers can contact by phone, mail, in person, fax or ((the)) internet to open and manage a toll account, and receive services regarding their account and information about state toll facilities.

"Department" means the Washington state department of transportation (WSDOT).

"Department of licensing (DOL)" means the agency that maintains vehicle registration information.

"Dishonored check" means any check returned to WSDOT by a financial institution for any reason, including nonacceptance, nonpayment, nonsufficient funds ((or)), stop payment, or missing signature, unless a justifiable stop payment order exists.

"Dishonored credit card transaction" means a credit card transaction that is not approved by the entity that issued the credit card.

"Dispute" means a customer's contact with the department, online, by phone or in writing, to dispute a fee, toll bill and/or notice of civil penalty.

"Dynamic toll pricing" means ((varying the toll rate charged to toll customers based upon live traffic conditions to maintain specific performance standards of traffic management.

"Eligible toll facility (toll facility)" means any portion(s) of the state highway system upon which tolling has been specifically identified by the legislature including, but not limited to, transportation corridors; bridges; crossings; interchanges; on-ramps; off-ramps; approaches; bi-state facilities; and interconnections between highways))toll rates that vary automatically based on the real-time volume and/or performance of traffic in order to maximize the performance of the highway facility being tolled.

"Express toll lanes" means one or more highway lanes that can be used by authorized high-occupancy vehicles, and by toll-paying vehicles, where ((toll rates are set))dynamic toll pricing is used to maintain travel speed and reliability.

"Facility" means a toll transportation facility.

"Final order" means the decision provided by the administrative law judge (ALJ) in response to an administrative hearing.

(("Flex pass" means the Good To Go!™ Pass used to declare status to qualify as a toll-free carpool as defined by the commission.))

"Good To Go!™" means the name of the ((department's))state's toll collection system and is a registered trademark.

"Good To Go!™ account" means an account that is linked to a Pass and/or license plate in order to pay tolls.

"Good To Go!™ customer" means a toll customer who participates in the department's Good To Go!™ tolling program.

(("Government agency transponder account" means a uniquely identifiable type of account for a public agency.))

"Good To Go!™ Pass (Pass)" means a branded device attached to a toll customer's vehicle that electronically identifies the toll customer's vehicle as it passes through the toll facility.

"Hearing request"((Form" means the form provided with the initial order which outlines the process for an individual to request a hearing to dispute the initial order given by the department in response to a notice of dispute.

"High occupancy vehicle (HOV)" means a bus, vanpool or a carpool vehicle with minimum occupancy requirements depending upon the posted roadway HOV signage and as further described in WAC 468-510-010 and RCW 46.74.010.

"High-occupancy toll lanes (HOT lanes)" means one or more lanes of a highway that charges tolls as a means of regulating access to or the use of the lanes in order to maintain travel speed and reliability. HOT lane supporting facilities include, but are not limited to, approaches, enforcement areas, improvements, buildings, and equipment as defined in RCW 47.56.401 and 47.56.403.

"Inactive account" means a toll account that has had no toll transaction activity during a predefined period of time as defined by the Good To Go!™ terms and conditions.

"Initial order" means the written decision provided by the department or its designee in response to a notice of dispute.

"Insufficient funds account" means a toll account with a balance less than the single toll rate or fee at the time the customer's transaction is processed))means a request to dispute a Notice of Civil Penalty.

"Invoice account" means a restricted account available only to government agencies and other limited cases where the customer is invoiced monthly.

"Nonsufficient funds" means a dishonored check, for any reason, presented to WSDOT in payment of any toll transaction.

"Notice of civil penalty (NOCP)" means the notice that is sent to ((notify)) the account holder or registered vehicle owner ((of a toll violation)) for failure to pay a toll by the toll payment due date, and for which a civil penalty is assessed.

"Notice of dishonored credit card transaction" means that notice was sent to the account holder or registered vehicle owner that a transaction authorized by a toll customer ((that)) is not honored by the financial institution for any reason except for the existence of a stop payment order.

(("Notice of dispute" means a customer's contact with the department, by phone or in writing, to dispute a fee and/or notice of civil penalty.))

"Notice of nonsufficient funds (NSF)" means the notice sent to a toll customer who presented a ((nonsufficient funds))dishonored check to WSDOT in payment of any toll transaction or fee. ((This notice will be mailed to the toll customer at the address noted on the check returned from the financial institution.

"Pass (Good To Go!™ Pass)" means the transponder device used on WSDOT toll facilities.

"Pass toll transaction" means a toll transaction that has been posted in the customer service center system based on a pass number.))

"Office of administrative hearings (OAH)" means Washington state office of administrative hearings who provides independent adjudication services for the state's tolling program.

"Pay As You Go" means the account payment option where the account is charged at regular intervals based on use. This option requires the customer to provide a valid debit or credit card and no prepaid balance is necessary.

"Pay By Mail" means the method used to pay a ((photo)) toll when a toll bill is mailed to the vehicle's registered owner. Tolls charged using Pay By Mail are charged the designated Pay By Mail toll rate.

"Pay By Plate" means the optional method used to pay a ((photo)) toll by ((a customer who has a toll account through the use of a photo toll system))an account holder whose vehicle does not have a Good To Go!™ Pass installed. Tolls charged using Pay By Plate are charged the designated Good To Go!™ toll rate and a Pay By Plate fee.

"Payment transaction" means a record of activity created by the customer service center as a result of a customer payment.

(("Photo toll" means a charge associated with a particular vehicle that is identified by its license plate and includes Pay By Mail, Pay By Plate and Short Term Account.

"Photo toll system" means a camera-based imaging system that uses digital video or still image formats to record license plate images of vehicles using toll lanes for the purpose of collecting photo tolls.))

"RCW" means the Revised Code of Washington.

(("Registered toll account" means a toll account that contains customer contact information.

"Short Term Account" means the method used to pay a photo toll when there is no regular toll account and the customer pays the photo toll no later than three days after the toll transaction.))

"State" means the state of Washington.

(("Statewide tolling program" means the single, integrated tolling operations used by all eligible state toll facilities and includes both toll collection and toll enforcement processes.))

"Tacoma Narrows Bridge" means the toll facility located on SR 16 in Pierce County, Washington.

"Toll" means the charge for the use of a state toll facility ((that may be paid by Good To Go!™ Pass, Pay By Plate (or a registered license plate account), Short Term Account, Pay By Mail, or cash (where available).

"Toll account (Good To Go!™ toll account)" means an account that is linked to a Pass or license plate, or both, in order to pay a toll by automatic debit)).

"Toll bill (Pay By Mail toll bill)" means a bill that is sent to the account holder or registered owner of a vehicle ((which has incurred a photo toll. A toll bill will state the amount due including photo tolls at the Pay By Mail rate and all associated fees)).

"Toll collection system (TCS)" means any system that creates a toll transaction and includes both electronic and photo toll collection systems, and cash (where available).

"Toll customer" means anyone who passes through a Washington state toll transportation facility.

(("Toll enforcement office" means the division within WSDOT responsible for toll enforcement activities associated with the notices of civil penalty (NOCPs) as well as the written disputes and administrative hearings.))

"Toll enforcement officer" means any person authorized by WSDOT to review and certify notices of civil penalty (NOCP).

(("Toll facility" means a toll transportation facility.))

"Toll payment due date" means the date when a toll bill must be paid ((to avoid a civil penalty. The toll payment due date is eighty days from the date the vehicle uses the toll facility and incurs the toll charge)).

"Toll transaction" means a record of activity created by the toll collection system as a result of a vehicle traveling through a tolling point.

(("Toll violation" means the violation of statutes requiring that a toll be paid by the toll payment due date which is eighty days from the toll transaction date.

"Transponder disabling device (shield)" means an authorized WSDOT device that is used to render inoperative the radio transmission of the vehicle identification code from a transponder to a roadside transponder reader.

"Transponder (Good To Go!™ Pass)" means a device attached to a toll customer's vehicle that automatically identifies the toll customer's vehicle as it passes through the toll facility.))

"Unregistered toll account" means a uniquely identifiable type of account that does not contain customer name, address, or vehicle information and requires the use of a pass and manual replenishment.

"Variable toll pricing" means ((a method of varying a)) toll rate schedule that varies by time of day in order to maximize the performance of the highway facility being tolled.

"WSDOT" means Washington state department of transportation, any division, section, office, unit or other entity within Washington state department of transportation, and any of the officers or other officials lawfully representing Washington state department of transportation.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-100What toll payment methods are available on WSDOT toll facilities?

The following toll payment methods are available on WSDOT toll facilities:

(1) ((Payment by pass: This toll payment option uses a Good To Go!™ Pass (transponder device) to debit funds from an associated valid toll account.

(2) Photo toll payments: This payment method uses a photograph of a license plate to assess the toll. The photo toll may be paid by toll account; a Short Term Account; by individual payment online, mail, fax, over the phone or in person at a customer service center; or in response to a Pay By Mail toll bill.))Good To Go!™ account: This tolling option allows customers to open an account linked to their vehicles that gets charged when toll facilities are used. There are several payment methods available for accounts (as described in WAC 468-305-105).

(2) Pay By Mail: This tolling option allows the user to be billed by mail for toll transactions. Tolls paid using this tolling option are charged the Pay By Mail toll rate. This payment method is not yet available on the SR 167 HOT lanes.

(3) Manual payment: This ((payment method))tolling option is available only on the Tacoma Narrows Bridge. It requires payment at a tollbooth using cash, ((a)) credit card, or ((branded))a debit card that can be processed as a credit card (does not require a PIN). This option ((also)) requires ((you))the vehicle to stop ((your vehicle)) at the tollbooth facility to pay. Tolls paid using this tolling option are charged the cash toll rate.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-105What can I do to arrange for toll payment before I use a toll facility?

(((1))) Prior to using a toll facility, you can open a ((toll account either))Good To Go!™ account online, in person ((at a customer service center)) or over the phone.

(((2) When you set up your account or anytime while the account is still open you can select from the following types of accounts:

(a) Good To Go!™ Pass account – One or more Good To Go!™ Passes can be connected to a toll account. When a pass is detected by sensors on a toll facility and there are sufficient funds in your account to cover the toll, the account will be debited. This type of account can be used on all toll facilities, is quick, simple and offers you the lowest rate.

(b) Pay By Plate account – One or more license plates can be connected to a toll account. When those plates are photographed using a toll facility and there are sufficient funds in your account to cover the toll, the account will be debited. There may be facilities where you cannot use this type of account. Charges associated with this type of account are lower than Pay By Mail charges but more than Good To Go!™ Pass account charges.

(c) Short Term Account - If you plan on using a toll facility a limited number of times, within a twenty-day time period, or up to seventy-two hours after use, you can set up a Short Term Account. Short Term Accounts only last twenty days and funds cannot be added after the initial amount is used. Short Term Accounts require you to identify the license plate(s) that you want tied to the account.

(3) All pass and Pay By Plate accounts can be set up to be replenished automatically or manually. The account will remain in place unless closed by the account holder or by WSDOT for lack of sufficient funds or lack of activity. Accounts set up online must be registered for automatic replenishment.

(4) A vehicle can only be connected to one account at any one time.))One or more vehicles can be on an account. Details on how to open a Good To Go!™ account and the options available are covered in WAC 468-305-300.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-125Is there a way for me to pay the toll after I drive on a toll facility before I get a ((toll))Pay By Mail bill?

((If you use a toll facility and do not have an account, tolls may be paid by opening an account or, if you have insufficient funds in your account to cover the toll, tolls can be paid by calling the customer service center within seventy-two hours of using the toll facility. A Short Term Account can also be opened up to seventy-two hours after using a toll facility.))Yes. If you use a toll facility without a Good To Go!™ account and want to pay before receiving a Pay By Mail bill, you can open an account online or by phone within seventy-two hours to pay that toll or walk into any customer service center to pay in person.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-131What happens when I use a toll facility but do not have an account or I have insufficient funds in my account?

(1) If ((a vehicle))you use((s)) a toll facility without an account, or ((there are insufficient funds in the account))if your account cannot be charged for any reason, a Pay By Mail toll charge will be assessed and a toll bill issued.

(2) ((A toll bill may contain one or more toll charges.

(3) Toll))If an account address is not available, Pay By Mail bills will be sent to the address ((where))of the ((vehicle is))vehicle's registered owner. It is the registered owner's responsibility to update their registration address with the department of licensing.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-133What should I do once I receive a ((toll))Pay By Mail bill in the mail?

Toll charges must be paid or disputed within eighty days of using the toll facility. ((A first toll))Pay By Mail bills will be mailed to the registered owner of the vehicle if no account holder address is available. If there are toll charges not paid by the due date of the ((toll)) bill ((will receive a second toll)), the subsequent bill ((and)) will be assessed a ((five dollar)) reprocessing fee (((one fee per toll bill)))at a rate set by the commission. If a reprocessing fee is assessed, this fee must also be paid within eighty days of using the toll facility. Toll charges can be paid online, by mail, in person ((at a customer service center,)) or by ((telephone))phone.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-150What can I do once I received a notice of civil penalty?

(1) You can pay the notice of civil penalty. (((2))) Payment can be made ((to the customer service center)) with cash, check, certified check, credit, debit card, or by money order. Payments can be made online, in person, by mail, or telephone.

(((3)))(2) You may dispute the notice of civil penalty according to the dispute instructions available online, or using the form provided with the notice.

(((4)))(3) Failure to timely pay the total amount due or dispute the notice shall automatically result in liability for the amount set out in the notice, and a hold may be placed on the vehicle registration renewal. Unpaid amounts may also be transferred to a collection agency.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-160What can I do if I want to pay the tolls but dispute a fee or civil penalty?

(((1))) Registered owners wishing to dispute a fee or civil penalty ((must contact the customer service center or submit a dispute form.

(2) Dispute forms are included with the notice of civil penalty and are available online. Dispute forms must include a full written statement explaining the reasons for disputing the fee or civil penalty, including any verifiable documents supporting the dispute. The department may waive fees and civil penalties upon the first customer request to do so by applying an education program))may follow the dispute instructions available online, or use the form provided with the notice.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-210What is required for a qualified vehicle to claim an exemption?

(1) In order to establish a vehicle's exemption approved by the commission, you may be required to meet the following procedures:

(a) Establish that the vehicle(s) is eligible for exemption by submitting a ((certification of exemption eligibility; and review and monitor toll usage as requested by WSDOT;))toll exemption application with related documentation as specified on the application; and

(b) Establish and maintain a Good To Go!™ ((toll))nonrevenue account in good standing and equip the qualified vehicle with a pass((; and

(2) In rare cases specific exempt toll transactions may have charges reversed. To claim exemptions for specific exempt toll transactions debited from a toll account, the registered owner or its authorized representative must submit a written request which:

(a) Includes the Good To Go!™ toll account number or the toll bill number;

(b) Identifies the date and time of the transaction(s) for which a credit is being sought;

(d) Submit the written request within eighty days of the toll transaction date. The department may then issue a credit to the toll account.

(3) ((To claim exemption from specific toll transactions where the registered owner receives a Pay By Mail toll bill, the registered owner or its authorized representative must submit a written request which:

(a) Includes the toll bill number;

(b) Identifies the date and time of the toll transaction(s) for which a credit or waiver is being sought;

(d) Submit the written request within eighty days of the toll transaction date. The department may then waive the toll.

(4))) Failure to submit a certification of vehicle(s) exemption eligibility or timely submit a written request for toll transaction credit will result in a waiver of the ability to claim a toll exemption.

AMENDATORY SECTION(Amending WSR 11-07-039, filed 3/14/11, effective 12/3/11)

WAC 468-305-220How are rental car transactions processed?

((When a vehicle registered to a rental agency uses a toll facility without making the proper payment, the rental agency will receive notification of the))Rental agencies should establish rental accounts through the customer service center. Rental agencies will receive a monthly statement of toll charges detailing the tolling activities of their rental vehicles. The statement will include toll charge, time, date, location and amount due. The rental agency may elect to pay WSDOT directly for the tolls and seek reimbursement from the renter or they may provide WSDOT with the information regarding the ((rentee))renter and rental vehicle as required under RCW 46.63.160(10) within thirty days of the notice mailing. WSDOT may then issue a toll bill to the ((rentee))renter. If the rental agency fails to timely provide the requested information it may be held liable for the toll charges. To facilitate toll operations and collections, the department may use and allow various processes for toll transactions associated with rental agency vehicles.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-300How can I open a Good To Go!™ toll account?

(((1) To open a toll account, you must choose an account type and complete the account application.

(2) Prepay at least the minimum fund balance into the account. If you have any outstanding balances, they must be resolved prior to opening an account;

(3) Purchase and install a Good To Go!™ Pass (transponder device) for pass transactions; and

(4) Register your vehicle license plate(s) for Pay By Plate transactions.

(5)))(1) A customer can open a Good To Go!™ account online, in person, or over the phone. One or more vehicles can be connected or associated with an account. The (("Good To Go!™" customer contract contains a full explanation of the))Good To Go!™ terms and conditions ((associated with the WSDOT))contains a full explanation of theGood To Go!™ toll collection program.

(2) With a Good To Go!™ account, a customer can select from the following payment options:

(a) Pay As You Go. This account option allows the customer to be automatically charged at regular intervals after toll facilities are used. This option requires a valid debit or credit card to open.

(b) Prepaid. This account option allows the customer to prepay an amount to their account which will be charged as toll facilities are used. This option does not require a valid debit or credit card but requires a minimum prepaid amount to open. A valid debit or credit card or automated clearinghouse (ACH) can be used to automatically add funds to the account when the balance reaches a customer set minimum. Alternatively, a prepaid account can be replenished manually in person, online, or by phone.

(c) Unregistered account. This option allows a customer to open an account without any personal or vehicle information. The customer must use a Good To Go!™ Pass to be identified. Unregistered accounts must manually replenish and cannot use Auto Pay features.

(d) Invoiced. This account option is for restricted cases such as government agencies and other limited circumstances.

(e) Rental vehicle. This account option is for rental vehicle companies. Rental agencies can use these accounts to transfer liability to their customers within thirty days of billing, consistent with RCW 46.63.160(10).

(f) Nonrevenue. This account option is for entities such as public and private transit, law enforcement, fire departments, and other emergency vehicles that are exempt from tolls according to enacted law. It is the account owner's responsibility to maintain a registry with WSDOT of current fleet vehicles for exemption.

(3) With a Good To Go!™ account, a customer can select from the following options for vehicle identification:

(a) Good To Go!™ Pass. This vehicle identification option requires a Good To Go!™ Pass that is installed in a vehicle and is readable by the toll facility's electronic toll system. This vehicle identification method is the lowest cost option for the customer and WSDOT.

(b) Pay By Plate. This vehicle identification option allows a vehicle to be identified by its license plate registration through the photo toll system. A Pay By Plate fee is added to each toll. This option is not available on facilities without photo tolling such as the SR 167 HOT lanes. Each license plate can only be associated with one account, although one account can have multiple license plates or vehicles.

AMENDATORY SECTION(Amending WSR 11-07-039, filed 3/14/11, effective 12/3/11)

WAC 468-305-315How do I ((replenish))add funds to my prepaid account?

((You may replenish your account either manually or have it replenished automatically.))Prepaid accounts require periodic addition of funds, which can be done either automatically or manually.

(1) ((Automatic account replenishment))Auto Pay. A customer who has a ((registered toll))prepaid account may choose to ((have that account replenished))add funds automatically ((by using an electronic check (ACH) from your bank account, credit card, or branded debit card and according to the following requirements:

(a) Electronic check (ACH). You must designate a bank account (electronic check) to be used for replenishment as well as the replenishment range to be used. The replenishment amount will remain within your authorized range, but will never go below the WSDOT established minimum replenishment amount. You must also complete the electronic check – ACH Authorization Form.

(b) Credit card or branded debit card. You must designate a credit card or branded debit card to be used for replenishment, and designate the payment amount to be used.

The automatic replenishment amount can be raised by the customer but cannot be lowered online. The customer can call a customer service representative to lower the replenishment amount but it cannot be lowered below the WSDOT established minimum replenishment amount. The automatic replenishment)). The customer must provide a valid debit or credit card or provide ACH (automated clearing house) information. Auto Pay is not available on unregistered accounts.

(2) Manual account replenishment.((If you choose to manually replenish your account, you are responsible for monitoring your account balance and making deposits as needed to maintain a positive balance sufficient to cover toll charges.))A customer can opt to manually replenish a prepaid account. Manual replenishment can be done online, in person, or by phone. The customer is responsible to monitor the account and make necessary replenishments in order to avoid additional fees or penalties that may incur for insufficient funds.

AMENDATORY SECTION(Amending WSR 11-07-039, filed 3/14/11, effective 12/3/11)

WAC 468-305-316What happens if ((my payment does not go through when opening or replenishing an account))the transaction is unsuccessful during automatic payment?

(((1) Opening an account. If your payment cannot be processed (if the initial payment failed during account establishment), the account will not be opened unless another form of payment is tendered and cleared. If the payment was not submitted in person (the ACH or bank card payments received by mail or fax), the CSC will attempt to notify the customer within three days to provide another form of payment.

(2) Replenishing an account. If your payment cannot be processed to automatically replenish your account, the CSC shall attempt to resubmit the payment request a second time. If your payment does not go through and your account goes negative, you may receive a toll bill(s) for any toll transactions that occur while your account was negative.))If a customer transaction cannot be processed during automatic payment, the CSC will attempt to resubmit the payment request a second time. If a failure of payment results in unpaid tolls, the customer may receive a Pay By Mail bill(s) for current tolls and any continued use of toll facilities, with tolls charged at the higher Pay By Mail rate.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-320What are the various statuses that my account could be in?

(1) A ((toll))Good To Go!™ account may be designated with one of the following statuses:

(a) ((Proposed. An account is in this status prior to becoming active.

(b)))Active. An account is considered active if it is ((funded and)) eligible to receive toll transactions.

(((c)))(b)Closed. An account may be closed upon a customer's ((written)) request ((or by the customer service center if there is a lack of sufficient funds or after twenty-four months of inactivity. Any remaining balance will be refunded to the customer.

(d) Suspended. An account may be suspended for up to twenty-four months at the request of the customer. Transactions and payments cannot post to a suspended toll account)), or by Good To Go!™ for lack of activity extending beyond two years.

(2) ((The CSC will not allow a customer to close an account with a negative balance and reopen a new account. The CSC will notify the customer of the amount due, in writing, when an attempt is made to close an account with a negative balance. Unpaid balances on a toll account may be forwarded to a collections agency.

(3))) If an account is ((suspended,)) closed or has insufficient funds to cover a toll transaction, the customer will receive a Pay By Mail toll bill for any transactions that do not post to the account.

(((4)))(3) If funds are available on ((the))a prepaid account at the time of closure, the customer will be refunded the balance, minus any outstanding tolls and fees.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-330How can I get a refund if I close my Good To Go!™ account?

When you close your toll account, you may request a refund by mail, online, by phone or in person if you have a registered toll account. ((Account closure forms may be obtained online, in person or by calling the customer service center.)) Any outstanding fees or tolls will be deducted from the account balance prior to issuing an account refund. Refunds shall be issued within fifteen days from receipt of ((the completed)) account closure ((form)). Refunds shall be made in the form of the original payment, when possible. For example, if deposit was made by credit card, the refund would be credited to the same credit card.

For accounts that cannot be refunded electronically, the customer will be issued a check by WSDOT to the account's last recorded mailing address. Refunds will not be issued to unregistered pass accounts.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-340In what order will my payment be applied to what I owe in toll charges?

((The CSC will apply each customer payment in the following order:

(1) Any outstanding nonsufficient funds fees or dishonored check fees.

(2) Payment shall be applied to the oldest outstanding unpaid toll transaction based on transaction posting date and time, unless otherwise directed by customer.

(3) For each toll transaction, payment will be applied first to the administrative fees then to the toll transaction amount.))Unless specified by the customer, the system will automatically apply each customer payment in the following order:

(1) Tolls, oldest to newest, regardless of any associated fees or penalties;

(2) Any pass purchase for which the purchase was invalidated due to returned payment;

(3) Any outstanding returned check fees;

(4) Any outstanding civil penalty;

(5) Any outstanding late fees;

(6) Any outstanding Pay By Plate fees; and

(7) Any outstanding administrative fees.

AMENDATORY SECTION(Amending WSR 11-07-039, filed 3/14/11, effective 12/3/11)

WAC 468-305-400What forms of payment will be accepted by the customer service center?

(1) Credit card. The CSC will accept and process the following types of credit cards as a customer's method of payment:

(a) MasterCard;

(b) VISA;

(d) Discover;

(e) Branded debit cards.

(2) Debit card. The CSC will accept and process debit cards. Debit cards that require a pin for processing will be accepted only for in-person transactions.

(3) Check. The CSC will accept the following forms of checks (in U.S. currency) as a customer's method of payment:

(a) Personal first-party check (no third-party checks will be accepted);

(b) Business check;

(d) Money order;

(e) Cashier's check;

(f) Traveler's check;

(g) Bank or teller's check;

(h) Government check (warrant);

(i) Voucher or similar draft guaranteed by a U.S. bank.

(4) Cash. The CSC will accept cash in the form of U.S. coin or currency.

(5) Electronic benefits transfer. The CSC will accept and process electronic benefits transfer (EBT) at walk-in CSC locations.

(6) Inter agency payment. The CSC will accept and process inter/intra agency payment (IAP) for accounts flagged as a state agency.

(7) Electronic check (ACH).

(a) The CSC will accept direct payment from your bank account via electronic check (also known as automatic clearing house - ACH) at the walk-in centers, mobile units, online, via phone, mail and fax. Foreign banks will not be accepted.

(b) ACH payments will require either a signed authorization or electronic signature authorization from the customer. The authorization can also be verbal for payments by phone.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-526What happens once my dispute is received?

Timely submitted disputes will be reviewed consistent with the Administrative Procedure Act. Brief adjudicative proceedings described in RCW 34.05.482 through 34.05.494 and a written decision will be provided.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-527What happens if I disagree with the outcome of my ((dispute))hearing?

You can appeal the ((initial order by submitting a request for an in-person or written hearing. Information on how to appeal the initial order and a Hearing Request Form will be included with the decision.

If you are requesting a written hearing, you must include all documents and evidence you want to be considered with your request))final order made by the administrative law judge through superior court as specified in chapter 34.05 RCW.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-528What happens if I request ((an in-person))a hearing?

Once you request a hearing, you will receive a notice of hearing which will contain the date and time of your ((hearing))tele-hearing and phone number to call. The registered owner of the vehicle, or designated agent, must attend the hearing. If you cannot ((appear))attend on the date scheduled, you must notify the ((customer service center in writing at least twenty-four hours))office of administrative hearings (OAH) by phone anytime up until fifteen minutes before the scheduled hearing date and time to request a new date. ((Only one such rescheduling is permitted.)) If you do not appear at a scheduled hearing without notification, you will be liable to pay the tolls, fees, and penalties.

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-529How will I be notified of the hearing decision?

An administrative law judge will issue a final order stating whether the registered owner is liable for tolls, fees, and/or civil penalties. Orders issued as the result of a ((written)) hearing will be sent to the address provided in the request for ((written))a hearing. ((Orders issued as the result of an in-person hearing will be issued following the conclusion of the hearing. For customers with verifiable mitigating circumstances, the final order is sent to the address provided in the hearing request. For all other in-person hearings, the final order is provided to the customer in writing immediately following the hearing.))

AMENDATORY SECTION(Amending WSR 11-07-039, filed 3/14/11, effective 12/3/11)

WAC 468-305-540What information about my toll charges is available prior to the administrative hearing or submission of a written dispute?

The registered owner may request a copy of the evidence package ((which will include the NOCPs, toll bills and other customer information at issue in))for the administrative hearing or written dispute. ((Discovery, as described in superior court civil rules 26 through 36, is not available.))

AMENDATORY SECTION(Amending WSR 11-07-039, filed 3/14/11, effective 12/3/11)

WAC 468-305-570When is payment due if I am found ((to have committed the toll violation))liable for the NOCP?

If you ((have been issued a final order finding the toll violation was committed))are found liable, your payment ((of the NOCP)) is due within ten days of ((issuance))the order. If you do not pay the ((violation))amount due a hold will be placed on your vehicle registration and the unpaid penalty ((will))may be transferred to a collections agency ((to collect payment)).

AMENDATORY SECTION(Amending WSR 15-24-123, filed 12/2/15, effective 1/2/16)

WAC 468-305-580How do I ((find out if))release a hold ((has been placed)) on my vehicle registration renewal?

You can check with the department of licensing to find out if there is a hold on your vehicle registration renewal. To release the hold, you must pay your civil penalty ((to either the WSDOT toll enforcement office or,)). Payments may be made to the customer service center via phone, mail or internet. If the matter has been referred to a collection agency, payment should be directed to the collection agency.