AH

WSR 97-09-035

PERMANENT RULES

DEPARTMENT OF

FINANCIAL INSTITUTIONS

[Filed April 11, 1997, 4:15 p.m.]

Date of Adoption: April 11, 1997.

Purpose: (1) To lower the hourly fee for application review, investigation and examination from $90 per hour to $65 per hour; and (2) to establish an annual assessment fee.

Citation of Existing Rules Affected by this Order: Amending WAC 208-630-020.

Statutory Authority for Adoption: RCW 42.320.040, 31.45.200.

Adopted under notice filed as WSR 97-06-092 on March 3, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 3, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 3, amended 0, repealed 1.

Effective Date of Rule: Thirty-one days after filing.

April 11, 1997

John L. Bley

Director

AMENDATORY SECTION (Amending WSR 96-03-059, filed 1/12/96, effective 2/12/96)

WAC 208-630-020 Schedule of fees paid by licensees and applicants. (1) The director shall collect the following fees:

(a) ((A fee of ninety dollars per employee hour expended for services plus actual expenses for review of application and investigation for:

(i) New license application.

(ii) Additional locations.

(iii) Change of control.

(iv) Relocation of office.

(v) Voluntary or involuntary liquidation of licensee.

(vi) Small loan endorsement application.

(b) The director may require a lump sum payment in advance to cover the anticipated cost of review and investigation of the activities described in (a) of this subsection. If the lump sum payment required under this section exceeds the actual amounts derived in (a) of this subsection, the amount in excess shall be refunded.

(2) The fee for examinations described in WAC 50-30-010 (2) and (3) shall be ninety dollars per employee hour expended.)) Charges for costs incurred by the division for review and investigation of applications;

(b) An annual assessment charge; and

(c) Charges for examinations described in WAC 208-630-015.

(2) Fees must be paid promptly when due but no later than thirty days after receipt of any billing from the division.

[Statutory Authority: RCW 43.320.040 and 31.45.200. 96-03-059, recodified as 208-630-020, filed 1/12/96, effective 2/12/96. Statutory Authority: 1991 c 355 24. 92-02-105, 50-30-020, filed 1/2/92, effective 2/2/92.]

NEW SECTION

WAC 208-630-021 Application review and investigation fee. (1) The director shall collect a fee of sixty-five dollars per employee hour expended for services, plus actual expenses, for review of application and investigation of:

(a) New license applications;

(b) Additional locations;

(c) Change of control;

(d) Relocation of office;

(e) Voluntary or involuntary liquidation of licensee; and

(f) Small loan endorsement applications.

(2) The director may require a lump sum payment in advance to cover the anticipated cost of review and investigation of the activities described in this section. If the lump sum payment required exceeds the actual amount derived in subsection (1) of this section, the amount in excess shall be refunded.

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NEW SECTION

WAC 208-630-022 Annual assessment charge. (1) The director will charge each licensee an annual assessment at the rate set forth in subsection (2) of this section. Assessments for a calendar year will be computed on total volume of transactions as of December 31 of the previous calendar year. For licensees with a fiscal year of January through December, annual assessments are due on or before April 15. For licensees with a fiscal year other than that stated above, annual assessments are due one hundred five days after the close of the licensee's fiscal year. For the calendar year 1997, annual assessments for all licensees are due on or before June 30, 1997.

(2) The annual assessment rate is:

(a) For check cashers:

(i) If the volume of checks cashed is one million dollars or less, there is no annual assessment;

(ii) If the volume of checks cashed is over one million dollars, the annual assessment is five hundred dollars per licensed location.

(b) For check sellers:

(i) If the volume of checks sold is one million dollars or less, there is no annual assessment;

(ii) If the volume of checks sold is over one million dollars, the annual assessment is five hundred dollars per licensed location.

(c) For licensees with small loan endorsements, in addition to (a) and/or (b) of this subsection:

(i) If the volume of small loans made is one million dollars or less, there is no annual assessment;

(ii) If the volume of small loans made is over one million dollars, the annual assessment is five hundred dollars per licensed location.

(3) For purposes of this section, "volume" includes all transactions made under this chapter and chapter 31.45 RCW by a Washington licensed check casher or check seller at all licensed locations.

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NEW SECTION

WAC 208-630-023 Examination fees. The fee for examinations described in WAC 208-630-015 shall be sixty-five dollars per employee hour expended.

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