WSR 05-07-117



[ Filed March 21, 2005, 4:57 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-04-100.

Title of Rule and Other Identifying Information: Amendatory section WAC 230-04-270 Bad checks submitted as payment of fees.

Hearing Location(s): Red Lion Hotel at the Park, 303 West North River Drive, Spokane, WA 99201, (509) 326-8000, on May 13, 2005, at 9:30 a.m.

Date of Intended Adoption: May 13, 2005.

Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504, e-mail, fax (360) 486-3625, by May 1, 2005.

Assistance for Persons with Disabilities: Contact Shirley Corbett by May 1, 2005, TTY (360) 486-3637 or (360) 486-3447.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule was adopted in 1990, to establish a processing charge for nonsufficient funds (NSF) checks submitted by applicants for a gambling license. The charge was set at $15 and has not changed for the past fifteen years. The processing charge is below the average processing charge set by retailers and banks handling NSF checks.

This rule proposal would increase the processing charge from $15 to $30. The $30 charge would be similar to that charged by banks and retailers in the Thurston County area.

Reasons Supporting Proposal: Handling bad checks costs the agency time and money. The change would reflect the impact that handling NSF checks has on the agency.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

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

Name of Proponent: Washington State Gambling Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Rules Coordinator, Lacey, (360) 486-3466; Implementation: Rick Day, Director, Lacey, (360) 486-3446; and Enforcement: Neal Nunamaker, Deputy Director, Lacey, (360) 486-3452.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Amendment is to bring the processing charge in line with industry standard in the local area and to cover agency cost of processing NSF checks. Change has minor to negligible economic impact and only affects applicants and licensees that submit NSF checks.

A cost-benefit analysis is not required under RCW 34.05.328. Amendment has minor to negligible economic impact and only affects applicants and licensees that submit NSF checks.

March 21, 2005

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 203, filed 1/18/90, effective 2/18/90)

WAC 230-04-270   Bad checks submitted as payment of fees.   The payment of a license fee by a check, which for any reason is not promptly paid by the drawee bank, shall be grounds for immediate administrative closure of a new application, voiding of a temporary license, or revocation of a continuing license. If an application or license is administratively closed, voided or revoked under this section, a new application must be submitted with fees payable only by certified check, money order, or cash. Upon notification that a check is not negotiable or when a check must be resubmitted for payment for any reason, the commission shall:

(1) Add a processing ((fee of fifteen)) charge of thirty dollars to the required license fee; and

(2) Notify the applicant by phone or in writing that payment in full, by certified check, money order, or cash, must be remitted within five days of the notification date. If the proper fee is not received within five days, the commission will proceed with appropriate administrative action.

[Statutory Authority: Chapter 34.05 RCW. 90-03-064 (Order 203), 230-04-270, filed 1/18/90, effective 2/18/90; Order 5, 230-04-270, filed 12/19/73.]

Washington State Code Reviser's Office