PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-22-060.
Title of Rule: Chapter 308-420 WAC, Camping resorts -- Contracts -- Resale, etc., amending WAC 308-420-240 Fees and charges.
Purpose: The department has reviewed the rule noted and recommends amending with new fees for the purpose of having a sufficient level of revenue to defray the costs of administering the program.
Statutory Authority for Adoption: RCW 19.105.411 and 43.24.086.
Statute Being Implemented: RCW 19.105.411.
Summary: Amend WAC 308-420-240 for licensing and renewal fees.
Reasons Supporting Proposal: Amending the rule with a fee increase will ensure that there is a sufficient level of revenue to defray program administration costs as required under RCW 43.24.086.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randy Renfrow, 405 Black Lake Boulevard, Building 2, Olympia, WA 98502, (360) 664-6646.
Name of Proponent: Department of Licensing, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Fees to become effective on January 1, 2003.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Amends one rule increasing the initial and renewal fees for camping resorts and camping resort salespersons. New fees should allow the department sufficient revenue in order to maintain the costs associated with the administration of the program.
Proposal Changes the Following Existing Rules: Amended rule will allow for additional revenue collection in order to off set program administration fees required according to RCW 43.24.086.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 43.24.086 requires that regulatory programs raise sufficient revenue to be self-supporting. Pursuant to ESSB 6153 (2001-2003 operating budget), the Department of Licensing may increase fees in excess of the fiscal growth factor (RCW 43.135.055) during the 2001-2003 biennium, if necessary, to fully fund the costs of the licensing program.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Department of Licensing, 405 Black Lake Boulevard, Building 2, Conference Room 1, Olympia, WA 98502, on July 18, 2002, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Jim Hood by July 17, 2002, TDD (360) 586-2788, or (360) 664-6646.
Submit Written Comments to: Randy Renfrow, Camping Resort Section, P.O. Box 9026, Olympia, WA 98507-9026, fax (360) 570-4956, by July 17, 2002.
Date of Intended Adoption: July 22, 2002.
June 4, 2002
Alan E. Rathbun
Assistant Director
OTS-5395.2
AMENDATORY SECTION(Amending WSR 98-18-082, filed 9/1/98,
effective 10/2/98)
WAC 308-420-240
Fees and charges.
The following fees shall
be paid under the provisions of chapter 19.105 RCW:
(((1) Registration fees: Applicants filing an original
registration shall pay a basic fee of $3,120.00 for one camping
resort. For each additional camping resort in this state a fee
of $520.00 shall be paid.
(2) Contract fees: In addition to the registration fees, registrants shall pay fees for each grouping of contracts in the registration as provided in the following schedule:
(a) One to five hundred contracts - $500.00.
(b) Each additional 500 contracts, or fraction thereof $100.00 shall be paid.
(3) Renewal fees: Each application for an annual renewal shall be accompanied by a fee of $1,040.00 for one resort plus $365.00 for each additional resort in this state, plus the prescribed contract fees in subsection (2) of this section for each grouping of contracts authorized for sale during the registration period. A late fee of eight hundred dollars shall be assessed.
(4) Fees for amending registration and public offering statements:
(a) For each amendment of registration or the public offering statement, pursuant to RCW 19.105.420, not requiring an examination of documentation for adding campgrounds or additional contracts to the registration, a fee of fifty dollars shall be paid.
(b) Amendment for the establishment of an additional campground into the registration, for which an examination of documentation is required exclusive of any other fees owed under this rule, a fee of one thousand five hundred dollars shall be paid. A penalty fee of one hundred dollars shall be assessed and paid for failure to file an amendment within 30 days of the occurrence of a material change as defined in WAC 308-420-030 or 308-420-040.
(5) Fees for impounds, escrows, trusts and depositories: For each impound, escrow, trust, or other arrangement requiring agency monitoring for purposes of satisfying the provisions of RCW 19.105.340 and 19.105.350, the initial fee for establishing the impound, escrow, trust or other arrangement shall be two hundred fifty dollars and the fee for each required periodic report shall be twenty dollars.
(6) Fees and advertisement filings:
(a) For each individual advertisement filed with the department, there shall be a fee of fifty dollars paid at the time of the initial submission of the advertisement to the department. Should a registrant fail to submit a required filing of an advertisement or advertisements in a timely manner, the fifty dollar fee for each advertisement shall be collected from the registrant, even if the advertisement or advertisements at issue are no longer in use or being disseminated.
(b) Registrants or applicant submitting an advertisement or advertisements involving no examination of campground instruments and which are for the purpose of marketing surveys or feasibility studies shall pay a fee of seventy-five dollars.
(7) Inspection fees: Applicants and registrants shall pay the costs of site inspections. The inspection fee shall be paid within 30 days of the inspection. The inspection fee shall be the actual cost to the agency for conducting the inspection. The inspection fees must be paid prior to the processing of a registration, a renewal of registration, or amendment seeking addition of a campground to a program.
(8) Salesperson fees: Applicants for registration as camping resort salespersons shall pay an initial application renewal, or transfer fee of one hundred dollars. Failure to renew a salesperson registration within 30 days after expiration shall result in termination of the registration and a new application for registration must be made. A duplicate registration fee is $35.00.
(9) Fees for exemptions and exemption applications: For a review of an application for exemption under RCW 19.105.320(2), the applicant shall submit a fee of one hundred fifty dollars. If the exemption request is denied, the registrant shall be given credit for the one hundred fifty dollars fee submitted toward the registration fee under subsection (1) of this section.
(10) All fees are nonrefundable after the application has been received.
(11) All fees shall be paid to the order of the Washington state treasurer.))
| TITLE OF FEE | FEE | ||
| (1) | Original registration: | ||
| One camping resort | $3,200.00 | ||
| Each additional camping resort in this state | 1,000.00 | ||
| (2) | Contract fees: | ||
| One to five hundred contracts | 500.00 | ||
| Each additional five hundred contracts, or fraction thereof | 100.00 | ||
| (3) | Renewal fees: | ||
| Annual renewal | 2,000.00 | ||
| Each additional camping resort in this state | 800.00 | ||
| Contract fees as described in subsection (2) of this section for each grouping of contracts: | |||
| One to five hundred contracts | 500.00 | ||
| Each additional five hundred contracts, or fraction thereof | 100.00 | ||
| Late renewal penalty | 800.00 | ||
| (4) | Fees for amending registration and public offering statements: | ||
| For each amendment of registration or the public offering statement, not requiring an examination of documentation for adding campground or additional contracts to registration | 50.00 | ||
| Amendment for the establishment of an additional campground into the registration for which an examination of documents is required exclusive of any other fees | 1,500.00 | ||
| Penalty fee for failure to file an amendment within thirty days of the occurrence of a material change as defined in WAC 308-420-030 or 308-420-040 | 100.00 | ||
| (5) | Fees for impounds, escrows, trust and depositories: | ||
| For each initial establishment of impound, escrow, trust or other arrangement requiring agency monitoring | 250.00 | ||
| Each required periodic report | 20.00 | ||
| (6) | Advertising filings: | ||
| Each individual advertisement filed with the department | 100.00 | ||
| Advertisement involving no examination of campground instruments and which are for the purpose of marketing surveys or feasibility studies | 75.00 | ||
| (7) | Salesperson fees: | ||
| Registration | 150.00 | ||
| Renewal | 150.00 | ||
| Transfer | 150.00 | ||
| Duplicate license | 35.00 | ||
| (8) | Fees for exemptions and exemption applications: | ||
| Review of application for exemption under RCW 19.105.320(2) | 150.00 | ||
| (9) | All fees are nonrefundable after the application has been received. | ||
| (10) | All fees shall be paid to the order of the Washington state treasurer. | ||
[Statutory Authority: RCW 19.105.411 and 43.240.086. 98-18-082, § 308-420-240, filed 9/1/98, effective 10/2/98. Statutory Authority: RCW 19.105.130. 91-01-082, § 308-420-240, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-145.]