WSR 98-03-055
PERMANENT RULES
DEPARTMENT OF LICENSING
(Business and Professions Division)
(Master License Service)
[Filed January 16, 1998, 2:00 p.m.]
Date of Adoption: January 16, 1998.
Purpose: Adoption of rules implementing SSB 5483 (chapter 391, Laws of 1997), licensing whitewater river outfitters.
Citation of Existing Rules Affected by this Order: Repealing WAC 308-300-310.
Statutory Authority for Adoption: RCW 88.12.276 (section 9, chapter 391, Laws of 1997).
Adopted under supplemental notice filed as WSR 97-24-104 on December 3, 1997, which was a supplement to the original notice filed as WSR 97-21-150 on October 22, 1997.
Changes Other than Editing from Proposed to Adopted Version: The proposed version contained WAC 308-312-090 dealing with the transition during January 1998. Since the permanent rules will not be effective until after January 1998 that section has been withdrawn (transition was addressed in emergency rules).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 8, amended 0, repealed 1.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 8, amended 0, repealed 1.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 8, amended 0, repealed 1.
Effective Date of Rule: Thirty-one days after filing.
January 16, 1998
Nell Benzschawel
Administrator
WHITEWATER RIVER OUTFITTERS
NEW SECTION
WAC 308-312-010 Definitions. The following definitions apply to use of these terms in this chapter.
(1) "Business location" means a business office of a whitewater river outfitter. This is a fixed location where business may be conducted with the public and that must post a master license showing "tax registration". It does not mean where river trips take place.
(2) "Master application" means the combined license application form and any addenda provided by the master license service.
(3) "Master license" means the combined license document issued by the master license service.
(4) "Master license service" means the office within the department of licensing operating the master license program, and handling the whitewater river outfitter license.
(5) "Outfitter" means the same as whitewater river outfitter.
(6) "Proof of liability insurance" means the certificate of
insurance or other written proof supplied by an insurance provider. The
proof lists and guarantees the type and amount of insurance coverage
provided and the period of time the coverage is in force.
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NEW SECTION
WAC 308-312-020 Whitewater river outfitter license administration
office. The master license service of the department of licensing
handles the whitewater river outfitter license. The office is located
at 405 Black Lake Blvd. S.W., Olympia, Washington. Office hours are 8:00
a.m. to 5:00 p.m., Monday through Friday, excluding state holidays. The
office can be contacted by mail or phone at:
Department of Licensing
Master License Service (360) 664-1400
Post Office Box 9034 Fax (360) 753-9668
Olympia WA 98507-9034 TDD (360) 586-2788
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NEW SECTION
WAC 308-312-030 Applying for a whitewater river outfitter license. (1) To apply for a license a person must request and file a master application with the master license service. The completed master application must include the information, proof of insurance and certifications listed in RCW 88.12.275 and the fee listed in WAC 308-312-060.
(2) A master license with "whitewater river outfitter" printed on it will be issued after the application has been reviewed and approved. The license application will not be approved and no license will be issued if all the requirements are not met.
(3) Each business location where whitewater river outfitter business
is conducted must be licensed even if owned by the same business owner.
A separate application must be completed and filed for each business
location. Each business location will receive its own master license.
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NEW SECTION
WAC 308-312-040 Renewing a whitewater river outfitter license. (1) The whitewater river outfitter license must be renewed each year by the expiration date. The master license does not allow conducting business as a whitewater river outfitter after the expiration date shown on the license. A renewal must be filed for each business location.
(2) The master license service will mail a renewal notice to each business location at least 30 days before the license expiration date. The licensee must submit the completed renewal application by the expiration date or the late renewal fee listed in RCW 19.02.085 may be charged.
(3) The completed renewal application must include the information and certifications listed in RCW 88.12.275, and the fee listed in WAC 308-312-060. The whitewater river outfitter license will not be renewed if all the requirements are not met.
(4) If a license renewal has not been filed by at least 4 months
after the expiration date the license will be considered to have been
abandoned and the license status will be terminated. A licensee whose
outfitter license has been terminated because of nonrenewal must file a
new application as described in WAC 308-312-030 in order to conduct
business as a whitewater river outfitter.
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NEW SECTION
WAC 308-312-050 Proof of liability insurance. (1) Applicants and licensees must provide proof of having liability insurance coverage to the master license service. The proof of insurance must show the applicant or licensee as the insured, and list the Master License Service as the certificate holder to be notified of changes. Changes to be reported include cancellation, termination, nonrenewal, and renewal of a policy. Cancellation, termination, or nonrenewal of a policy must be reported to the Master License Service at least 30 days before the effective date.
(2) The liability insurance policy may cover outfitter business
activities at all locations within the state of Washington. A separate
copy of the proof of current liability insurance must accompany each new
application for a whitewater river outfitter license.
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NEW SECTION
WAC 308-312-060 Fees. (1) The following fees apply to the whitewater river outfitter license
(a) New application, $25.00 per business location.
(b) Annual renewal, $25.00 per business location.
(2) New and renewal applications are charged the application handling fee listed in RCW 19.02.075.
Delinquent renewal applications may be charged the delinquency fee
listed in RCW 19.02.085.
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NEW SECTION
WAC 308-312-080 Appeals of license suspensions. A whitewater river
outfitter licensee may appeal a license suspension by submitting a
written notice of appeal to the department of licensing. The notice of
appeal must be received by the department of licensing within twenty days
after the date the suspension is issued or the right to appeal is waived.
If the notice is mailed the United States post office postmark date will
be accepted as the date received by the department of licensing. The
department of licensing will take action on the notice as directed by the
Administrative Procedure Act found in RCW 34.05.
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NEW SECTION
WAC 308-312-100 Proof of having a license. Persons conducting a
whitewater river trip must be able to show proof of operating with a
valid outfitter license to law enforcement officials. Proof of having
a license must be available at the site where vessels are put into the
river, or at the site where vessels are taken out of the river. The
proof of having a license is not required to be carried on vessels during
a river trip. A photocopy of the original master license that was issued
with "whitewater river outfitter" printed on it will be accepted as proof
of having a license.
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REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 308-300-310 Fee for whitewater river for-hire registration.