Date of Adoption: May 26, 2004.

     Purpose: Amend chapter 308-127 WAC regulating timeshares, to amend the rule with fee reductions, while still ensuring there is a sufficient level of revenue to defray program administration costs as required under RCW 43.24.086.

     Citation of Existing Rules Affected by this Order: Amending WAC 308-127-160 Fees.

     Statutory Authority for Adoption: RCW 64.36.270, 43.24.023.

      Adopted under notice filed as WSR 04-09-095 on April 20, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
     Effective Date of Rule: July 1, 2004.

May 26, 2004

Mykel D. Gable

Assistant Director

OTS-7167.1

AMENDATORY SECTION(Amending WSR 04-08-003, filed 3/24/04, effective 4/24/04)

WAC 308-127-160   Fees.   The following fees shall be charged under the authority of RCW 64.36.081 and 43.24.086:

(1)	Registration application fees:
		Start up timeshare program including one project.	$((1500.00)) 1000.00
		Each additional project in program.	((500.00)) 200.00
		Each apartment unit in program.	((50.00)) 20.00
		The first unit of personal property in the timeshare program.	((1000.00)) 500.00
		Each additional unit of personal property in the timeshare program.	100.00
		Businesses of listing or brokering resale intervals.	500.00
(2)	Interval Fees:
		For each interval through one thousand.	1.00
		Intervals beyond one thousand.	0.00
		Each monthly filing of listings of resale intervals (in lieu of interval fees for resale intervals).	10.00
(3)	Renewal fees:
		Timeshare program including one project.	((1000.00)) 500.00
		Late renewal fee for timeshare program.	2000.00
		Each additional project to a maximum of five projects.	((350.00)) 200.00
		Each apartment unit - to maximum of twenty-five apartment units.	((50.00)) 20.00
(4)	Consolidation fees:
		Each additional project added.	((500.00)) 200.00
		Each additional apartment unit.	((50.00)) 20.00
		The first additional unit of personal property being consolidated.	((500.00)) 250.00
		Each additional unit of personal property added in one consolidation.	100.00
(5)	Exemption fees:
		Programs consisting of a single apartment unit in a single project with fifty-two or fewer intervals.	250.00
		All other types of programs.	1000.00
(6)	Impound fees:
		Initial establishment of an impound, escrow, trust, or other arrangement requiring a depositary.	500.00
		Each required periodic report.	50.00
(7)	Advertising fees:
		Each initial submission of advertisement whether or not submitted in a timely manner, and whether or not in use at the time of payment.	((100.00)) 25.00
		Examination of advertisement which are for the purpose of marketing surveys and not involving an examination of project or program instruments.	150.00
(8)	Fees for persons in the business of offering commercial promotional programs:
		Registration of individual.	500.00
(9)	Salespersons fees:
		Registration.	((50.00)) 25.00
		Renewal.	((50.00)) 25.00
		Transfer.	((50.00)) 25.00
(10)	Fees for amendment of registration:
		For a timely submission of an amendment filing.	((50.00)) 25.00
		Penalty fee for failure to file an amendment within twenty days of the occurrence of a materially adverse change.	500.00
(11)	Inspection fees:
		Applicants and registrants shall pay the cost of inspections conducted pursuant to chapter 64.36 RCW. The inspection fees shall be paid prior to the granting of a registration or consolidation. The inspection fee shall be the actual cost to the department for conducting of the inspection.

[Statutory Authority: RCW 64.36.270, 43.24.023. 04-08-003, § 308-127-160, filed 3/24/04, effective 4/24/04. Statutory Authority: RCW 64.36.081 and 43.24.086. 02-15-169, § 308-127-160, filed 7/23/02, effective 1/1/03. Statutory Authority: RCW 43.24.086. 90-07-023, § 308-127-160, filed 3/14/90, effective 4/14/90.]

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