PERMANENT RULES
(Sellers of Travel)
Date of Adoption: May 12, 2000.
Purpose: To allow the department to clarify by rule, criminal violation reporting requirements, surety bonding requirements and to eliminate duplicating of statute in rule for advertising as determined by legislative mandate.
Citation of Existing Rules Affected by this Order: Repealing WAC 308-129-230; and amending WAC 308-129-100.
Statutory Authority for Adoption: RCW 19.138.170(1).
Adopted under notice filed as WSR 00-08-005 on March 22, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 1.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
May 12, 2000
Alan E. Rathbun
Assistant Director
OTS-3866.3
AMENDATORY SECTION(Amending WSR 96-14-092, filed 7/2/96,
effective 8/2/96)
WAC 308-129-100
Applications -- Conditions.
Any person desiring to be registered as a seller of travel shall submit with the application form:
(1) If the applicant, within the past ((five)) ten years,
has been found guilty of a felony involving moral turpitude, a
misdemeanor concerning fraud or conversion, or suffers a judgment
in a civil action involving willful fraud, misrepresentation, or
conversion, a copy of such conviction or judgment shall be
included.
(2) In lieu of the CPA/LPA/bank officer report required by RCW 19.138.110(5), an applicant may submit an affidavit or declaration signed under penalty of perjury setting out the information required by RCW 19.138.110(5).
(3) Applicants who certify under penalty of perjury that they do not hold for more than five business days any non-exempt funds received from any person or entity for retail travel services shall not be required to report or maintain a trust account or other approved account under RCW 19.138.110(5).
(4) A seller of travel applying to be licensed under chapter 19.138 RCW may submit a surety bond as described in RCW 19.138.140 (7)(a)(i) or other instrument approved by the department as described in RCW 19.138.140 (7)(a)(iv). The amount of the surety bond or other approved instrument shall be based upon the prior year's annual gross income of business conducted as outlined in the following scale:
| Annual Gross Income of Business Conducted: | Amount of Surety Bond or other instrument approved by the department: |
| $199,999 and under | $10,000 |
| $200,000 through $499,999 | $20,000 |
| $500,000 through $749,999 | $30,000 |
| $750,000 through $999,999 | $40,000 |
| $1,000,000 and above | $50,000 |
(5) Sellers of travel companies upon application and renewal shall attest to their gross annual income of business conducted on a form provided by the department.
[Statutory Authority: Chapter 19.138 RCW. 96-14-092, § 308-129-100, filed 7/2/96, effective 8/2/96.]
The following section of the Washington Administrative Code is repealed:
| WAC 308-129-230 | Advertising. |