WSR 14-08-010 PERMANENT RULES DEPARTMENT OF REVENUE [Filed March 20, 2014, 11:29 a.m., effective April 20, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: Chapter 458-02 WAC provides the business licensing service (BLS) rules.
Chapter 298, Laws of 2011 and chapter 144, Laws of 2013 transferred the administration of the master license service (MLS) program from the department of licensing to the department of revenue, effective July 1, 2011, and renamed the master license service program to BLS program. See chapters 19.02, 19.80 RCW. The department of revenue adds new chapter 458-02 WAC to replace the former BLS rules under chapter 308-300 WAC and WAC 458-20-10101.
Citation of Existing Rules Affected by this Order: Repealing chapter 308-300 WAC, WAC 458-20-10101.
Statutory Authority for Adoption: RCW 82.32.300 and 82.01.060(2).
Adopted under notice filed as WSR 14-02-127 on January 2, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 0, Repealed 30.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 20, 2014.
Dylan Waits
Rules Coordinator
Chapter 458-02 WAC
CONSOLIDATED LICENSING SYSTEM NEW SECTION
WAC 458-02-100 Declaration of purpose and authority.
NEW SECTION
WAC 458-02-200 Business licensing service—Applications, licenses, renewals—Fees—Posting.
(1) Introduction. Information about the individual licenses that may be obtained from the business licensing service (BLS) of the department of revenue (the department) is available online at: http://bls.dor.wa.gov/.
(2) What fee do I need to pay when applying for or renewing a license? The fee payable is the total amount of all individual license fees, late filing fees, other penalty fees, and handling fees, and may include additional fees charged to cover credit or debit card processing. Licensing fees vary depending on the license(s) for which you are applying or renewing.
(3) What does the department do with the fees? The department will distribute the fees received for individual licenses to the respective regulatory agencies. The handling fees support the operation of the BLS.
(4) When do I get my business license? The business license will not be issued until the total fee payable is collected and all required information has been submitted. Some individual licenses require review and approval by the regulating authorities, and the business license will not be issued until the regulating authorities have approved them.
(5) Can I get a refund? The business license application and renewal handling fees collected under RCW 19.02.075 are not refundable. When a license is denied or when an applicant withdraws an application, a refund of any other refundable portion of the total payment will be made in accordance with the applicable licensing laws.
(6) What are the handling fees? The business license application handling fee amounts are:
(7) What should I do with my business license? The business license must be displayed in a conspicuous place at the business location for which the license is issued.
(8) Do I need to renew my business license?
(a) The various licenses displayed on the business license may each have a requirement to be renewed periodically. The department will prorate the individual license issuance fees as appropriate so that all requested licenses are renewed at the same time.
(b) Licenses requiring renewal must be renewed by the expiration date or the department will assess a delinquency fee. The regulatory agencies may also assess delinquency fees and/or penalties for late renewal, and may cancel the individual licenses for nonrenewal. Reissuance of individual licenses canceled for nonrenewal may require the filing of a new business license application.
NEW SECTION
WAC 458-02-201 Business licensing service—Business license transfer.
Transfer of a business license is prohibited. Transfer of each individual license held under the business license is also prohibited, unless expressly permitted by the regulatory agency's applicable licensing law. In the event of proven incapacity, death, receivership, bankruptcy, or assignment for benefit of creditors of any licensee, the business license may be transferred to a court appointed or court confirmed guardian, executor or administrator, receiver, trustee, or assignee for the benefit of creditors, who may continue to operate or conduct the licensed business activities, subject to the rules of the individual agencies.
NEW SECTION
WAC 458-02-202 Business licensing service—Notification of changes.
(1) When the information about a business that was submitted in a business license application changes, the applicant or the licensee must immediately notify the department of the change or correction. Notification must be made in advance of a change whenever possible.
(2) Where the rules of the granting regulatory agency require advanced notice of a change, and/or the approval of the granting agency before implementing the change, the licensee must comply with that requirement.
(3) Some changes must be reported on a specific form and may require the payment of a fee.
(4) If the change is significant, a new business license application may be required, and all licenses requested on that application will be reviewed and reapproved by the respective regulating authorities.
NEW SECTION
WAC 458-02-300 Trade names—Registration—Fees—Search—Changes.
(1) Introduction.
(a) Any person or persons who carries on, conducts or transacts business under a name or names that do not include the true and real name of all persons conducting that business must register that name or names with the department as trade name(s).
(b) Trade name registrations are made by completing a business license application, payment of the appropriate fees, and providing the required information.
(c) A notice of change must be filed with the department when any information in the business license application relating to the trade name registration has changed.
(d) A trade name must be canceled with the department when use of the trade name is discontinued.
(2) For the purpose of this section, applicable terms have the meaning given in RCW 19.80.005.
(3) Can I search for a trade name?
(a) Free search of a particular trade name is available online at www.bls.dor.gov.
(b) Trade name registration does not afford any brand name protection or provide you with unlimited rights for the use of that name.
(4) What are the fees related to the trade name registration?
(5) Can I get a refund? The fees related to trade name registrations are not refundable.
REPEALER
The following chapter of the Washington Administrative Code is repealed:
REPEALER
The following section of the Washington Administrative Code is repealed:
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