WSR 16-07-093 PROPOSED RULES DEPARTMENT OF LICENSING [Filed March 18, 2016, 9:23 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-04-012.
Title of Rule and Other Identifying Information: WAC 308-19-101(2) Applying for a bail bond recovery agent license or endorsement to a bail bond agent license, 308-19-102 Submitting fingerprint cards for a criminal history background check, and 308-19-130 Bail bond recovery agent, bail bond agency, branch office and bail bond agent fees.
Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Room 2209, Olympia, WA 98507-9649, on April 28, 2016, at 2:00 p.m.
Date of Intended Adoption: May 2, 2016.
Submit Written Comments to: Mary Haglund, Assistant Administrator, Department of Licensing, Bail Bond Program, P.O. Box 9649, Olympia, WA 98507, e-mail security@dol.wa.gov, fax (360) 570-7778, by April 27, 2016.
Assistance for Persons with Disabilities: Contact Mary Haglund by April 27, 2016, TTY (360) 664-0116 or (360) 664-6611.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Washington state patrol and Federal Bureau of Investigation each charge different fees for the required bail bond recovery agent fingerprint background check. These fees are currently part of the bail bond recovery agent application fee. Frequently, Washington state patrol and Federal Bureau of Investigation change fees causing the bail bond agent program to collect inaccurate fees for the fingerprint background check. The proposed change removes the background check fees from the bail bond recovery agent application fee, and allows the applicant to use electronic fingerprint submissions and to use a contracted fingerprinting vendor instead of law enforcement agencies.
Reasons Supporting Proposal: Insures accurate fee collection for fingerprint-based background checks.
Statutory Authority for Adoption: RCW 18.235.030(1).
Statute Being Implemented: Chapter 18.185 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Bruce Tanaka, 405 Black Lake Boulevard, Building #2, Olympia, WA 98507, (360) 664-6622; Implementation: Mary Haglund, 405 Black Lake Boulevard, Building #2, Olympia, WA 98507, (360) 664-6658; and Enforcement: Karla Laughlin, 405 Black Lake Boulevard, Building #2, Olympia, WA 98507, (360) 664-6608.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not meet the criteria which requires conducting an economic impact statement under RCW 19.85.020.
A cost-benefit analysis is not required under RCW 34.05.328. This rule does not meet the criteria which requires conducting a preliminary cost-benefit analysis under RCW 34.05.328.
March 18, 2016
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 08-20-036, filed 9/23/08, effective 11/1/08)
WAC 308-19-101 Applying for a bail bond recovery agent license or endorsement to a bail bond agent license.
After the applicant meets the requirements of RCW 18.185.020 (1), (2) and (3), and is in good standing with the department he or she shall:
(1) Complete an application for a license or an endorsement on a form provided by the department;
(2) Submit ((a completed fingerprint card)) to a criminal history background check;
(3) Attest on the application form to having earned a high school diploma or GED or submit proof of three years experience in the bail industry;
(4) Submit a copy of a current and valid concealed pistol license((.));
(5) If applicant is retired or separated from a local or state police department, or a branch of the armed forces trained to carry out the duties of a peace officer within the last six years, submit proof to the department describing length of service, duties and date of retirement or separation or; submit a certificate or transcript showing the applicant has completed thirty-two hours of field operations classes as stated in WAC 308-19-305;
(6) Pay a fee or fees as listed in WAC 308-19-130;
(7) Pass a written exam administered by the department.
AMENDATORY SECTION (Amending WSR 08-20-036, filed 9/23/08, effective 11/1/08)
WAC 308-19-102 Submitting fingerprints ((cards)) for a criminal history background check.
Every applicant for a bail bond recovery agent license or endorsement shall have a fingerprint criminal history background check conducted.
((Applicants shall be fingerprinted by a law enforcement agency on a fingerprint card provided by the department and pay any fees required by the law enforcement agency providing the fingerprinting service.))
AMENDATORY SECTION (Amending WSR 08-20-036, filed 9/23/08, effective 11/1/08)
WAC 308-19-130 Bail bond recovery agent, bail bond agency, branch office and bail bond agent fees.
The following fees for a one-year period shall be charged by business and professions division of the department of licensing:
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