WSR 02-24-075

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed December 3, 2002, 4:25 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-16-059.

Title of Rule: Chapter 308-129 WAC, regulating sellers of travel, amending WAC 308-129-100 Applications -- Conditions.

Purpose: Due to a new law that was passed during the 2002 legislature the department felt it necessary to amend the current rule for further written clarification as per the governor's directive on state rules review.

Statutory Authority for Adoption: RCW 19.138.170, 43.24.023.

Statute Being Implemented: RCW 19.138.170.

Summary: Amend WAC 308-129-100.

Reasons Supporting Proposal: Amending for clarification to ensure the health, safety and welfare of the public.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randy Renfrow, 405 Black Lake Boulevard, Building 2, Olympia, WA 98502, (360) 664-6634.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: To amend current rules for further written clarification as per the governor's directive on state rules review.

Proposal Changes the Following Existing Rules: The proposed rule amends the current rule for clarification.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There will not be a burden on the industry due to increased fees or increased workloads.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Building 2, Conference Room 102, Olympia, WA 98502, on January 10, 2003, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Randy Renfrow by January 9, 2003, TTY (360) 664-8885 or 664-6634.

Submit Written Comments to: Randy Renfrow, Sellers of Travel, P.O. Box 9026, Olympia, WA 98507-9026, fax (360) 570-4956, by January 9, 2003.

Date of Intended Adoption: January 13, 2003.

December 2, 2002

Randy Renfrow

Licensing Manager

OTS-5885.1


AMENDATORY SECTION(Amending WSR 00-11-047, filed 5/12/00, effective 6/12/00)

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 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))) A copy of any criminal conviction, including a guilty plea, within the last ten years, or any conviction that resulted in the applicant having to register as a sex offender regardless of whether the conviction is over ten years old.

(2) A copy of any civil or administrative judgment or order involving dishonesty, fraud, or violation of any act designed to protect consumers that names the applicant as a party.

(3) 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))) (4) 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))) (5) 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))) (6) 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: RCW 19.138.170(1). 00-11-047, 308-129-100, filed 5/12/00, effective 6/12/00. Statutory Authority: Chapter 19.138 RCW. 96-14-092, 308-129-100, filed 7/2/96, effective 8/2/96.]

Washington State Code Reviser's Office