WSR 19-12-093
EXPEDITED RULES
SECRETARY OF STATE
[Filed June 4, 2019, 12:33 p.m.]
Title of Rule and Other Identifying Information: Repeal of WAC related to electronic authentication.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Repeal of chapter 434-180 WAC and amendment of WAC 434-112-010 to remove reference to the WAC chapter and to related RCW that was repealed during the 2019 legislative session.
Reasons Supporting Proposal: The underlying statute was repealed by the passage of HB 1908, codified as chapter 132, Laws of 2019.
Statutory Authority for Adoption: RCW 19.34.030, 43.07.120.
Statute Being Implemented: Repeal of the Electronic Authentication Act, chapter 19.34 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Scott Douglas, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Patrick Reed, 801 Capitol Way South, Olympia, WA 98504, 360-725-0358.
This notice meets the following criteria to use the expedited repeal process for these rules:
The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Passage of chapter 132, Laws of 2019, repealing chapter 19.34 RCW.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Patrick Reed, Office of the Secretary of State, 801 Capitol Way South, Olympia, WA 98504, phone 360-725-0358, email Patrick.reed@sos.wa.gov, AND RECEIVED BY August 5, 2019.
June 4, 2019
Mark Neary
Assistant Secretary of State
AMENDATORY SECTION(Amending WSR 15-22-047, filed 10/29/15, effective 1/1/16)
WAC 434-112-010Services provided by the corporations and charities division.
The corporations and charities division provides the following services:
(1) Filing business records under chapters 18.100, 23.78, 23.86, 23.90 RCW, and Titles 23B and 25 RCW, and chapter 176, Laws of 2015;
(2) Filing nonprofit organization records under Title 24 RCW and chapter 176, Laws of 2015;
(3) Filing charities program registrations under chapters 19.09 RCW and 434-120 WAC;
(4) Filing trademark registration records under chapters 19.77 RCW and 434-12 WAC;
(5) ((Certification authority licensing under chapters 19.34 RCW and 434-180 WAC;
(6))) Filing registration records of international student exchange programs under chapters 19.166 RCW and 434-166 WAC;
(((7)))(6) Apostilles under RCW 42.44.180;
(((8)))(7) Agent for service of process on nonresident motorists under RCW 46.64.040;
(((9)))(8) Agent for service of process on defendants in actions for recovery of damages for motor vehicle theft, as authorized by RCW 9A.56.078;
(((10)))(9) Agent for service of process for those entities and under those circumstances listed in section 1411(4), chapter 176, Laws of 2015;
(((11)))(10) Filing registration records of state registered domestic partnerships under chapter 26.60 RCW and RCW 43.07.400.
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 434-180-100
Scope and purpose of chapter.
WAC 434-180-120
Definitions.
WAC 434-180-130
Fees.
WAC 434-180-200
Application for license as a certification authority.
WAC 434-180-203
Designation of confidential information.
WAC 434-180-205
Issuance of license or renewal.
WAC 434-180-210
Form.
WAC 434-180-215
Certification of operative personnel.
WAC 434-180-220
Qualification of newly designated operative personnel.
WAC 434-180-225
Suitable guaranty.
WAC 434-180-240
Compliance audits.
WAC 434-180-245
Recognition of foreign licenses.
WAC 434-180-250
Revocation or suspension of license.
WAC 434-180-255
Summary suspension of license.
WAC 434-180-260
Technical assistance program.
WAC 434-180-265
Civil penalties.
WAC 434-180-270
Criteria for determining penalty amounts.
WAC 434-180-275
Recovery against suitable guaranty.
WAC 434-180-300
Form of certificates.
WAC 434-180-310
Recordkeeping and retention.
WAC 434-180-320
Certification authority disclosure records.
WAC 434-180-330
Certification practice statements.
WAC 434-180-340
Suspension or revocation of a certificate by the secretary.
WAC 434-180-350
Regional services for certificate suspension.
WAC 434-180-360
Trustworthy system.
WAC 434-180-370
Procedure upon discontinuance of business.
WAC 434-180-400
Recognition of repositories.
WAC 434-180-410
Revocation of recognition of a repository.
WAC 434-180-420
Trustworthy system for recognized repositories.
WAC 434-180-430
Contract for secretary of state repository publication.
WAC 434-180-440
Publication by the secretary of state.
WAC 434-180-450
Procedure upon discontinuance of business as repository.
WAC 434-180-500
Application for adjudicative proceedings.
WAC 434-180-510
Appointment of administrative law judge—Designation of procedural rules.
WAC 434-180-520
Pleadings in digital form.
WAC 434-180-530
Service of process on the secretary.
WAC 434-180-540
Stay of summary suspension.
WAC 434-180-550
Review of orders regarding stay.
WAC 434-180-560
Adjudicative proceedings—Appearance and practice before the secretary—Who may appear.
WAC 434-180-590
Brief adjudicative proceeding regarding certificate suspension.