WSR 97-24-104

PROPOSED RULES

DEPARTMENT OF LICENSING

(Business and Professions Division)

(Master License Service)

[Filed December 3, 1997, 10:46 a.m.]

Supplemental Notice to WSR 97-21-150.

Preproposal statement of inquiry was filed as WSR 97-14-088.

Title of Rule: Chapter 308-312 WAC, Whitewater river outfitters.

Purpose: To establish the fees and procedures whereby the Department of Licensing, Master License Service will administer the mandatory whitewater river outfitter license created and required by SSB 5483 (chapter 391, Laws of 1997); which replaces the current voluntary registration program, effective January 1, 1998.

Other Identifying Information: This supplemental notice includes the revised text of the proposed rules which reflects substantial changes to the original proposed rules. This filing gives notice of the public hearing to be held prior to the intended adoption of these proposed rules.

Statutory Authority for Adoption: RCW 88.12.276 (section 9, chapter 391, Laws of 1997).

Statute Being Implemented: RCW 88.12.275 (section 7, chapter 391, Laws of 1997).

Summary: Proposal defines terms; identifies the office administering the license and how to contact that office; describes the requirements and procedures to apply for and/or renew the license; describes how to maintain proof of liability insurance; sets the application and renewal fees and identifies associated fees; describes the procedure for appeal of a license suspension; describes the transition to the mandatory regulation; describes providing proof of licensure; and repeals reference to the voluntary registration.

Reasons Supporting Proposal: RCW 88.12.232 (section 2, chapter 391, Laws of 1997) requires whitewater river outfitters to obtain a license. RCW 88.12.275 (section 7, chapter 391, Laws of 1997) requires the Department of Licensing (Master License Service) to administer the license and gives the general requirements to do so. However, specific details of procedure and fees necessary to effectively implement the administration of the license are left to be established by rule, as authorized by RCW 88.12.276 (section 9, chapter 391, Laws of 1997).

Name of Agency Personnel Responsible for Drafting: Clyde Zahn, 405 Black Lake Boulevard S.W., Olympia, WA, (360) 664-1447; Implementation: Linda Allen, 405 Black Lake Boulevard S.W., Olympia, WA, (360) 664-1413; and Enforcement: Nell Benzschawel, 405 Black Lake Boulevard S.W., Olympia, WA, (360) 664-1451.

Name of Proponent: Department of Licensing, Master License Service, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The 1997 legislature enacted SSB 5483 which was signed into law on May 16, 1997. One provision of this legislation was to make a license mandatory for those wishing to act in the business of a whitewater river outfitter, and to task the Department of Licensing (Master License Service) with the administration of that license. There are general requirements for the license set in the statute, but certain specifics such as the amount of the fee, what form needs to be filed, and how to file the form, among others, have been left to be established by rules adopted by the department.

The main purpose of the proposed rule is to set the fees and describe the specific procedures a person must follow in order to apply for and renew a whitewater river outfitter license. In addition, the rule provides definitions of certain terms and identifies the office that will administer the license, as well as how to contact that office, and other procedural steps a licensee may need to know.

It is anticipated the effect of this rule will be to clearly explain what a person must do in relation to this license and allow them to avoid the delays and inaccuracies which could be detrimental to their business. The rule will also set definite procedure standards for those administering the license to assure equal treatment of all applicants and licensees. Further, the economic impact of the rule has been kept to a negligible level and will not create a burden on those affected by the license requirements.

Proposal Changes the Following Existing Rules: WAC 308-300-310 (sets the fee for the current voluntary registration that is being replaced) will be repealed.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The impact has been determined to be negligible, as established in the minor or negligible impact table prepared by the Washington State Business Assistance Center of the Department of Community, Trade and Economic Development.

RCW 34.05.328 does not apply to this rule adoption. The Department of Licensing was not named in the list of agencies affected by this statute.

Hearing Location: Department of Licensing, Business and Professions Division, Conference Room #1, 405 Black Lake Boulevard S.W., Olympia, WA, on January 6, 1998, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Clyde Zahn by December 22, 1997, TDD (360) 586-2788, or (360) 664-1447.

Submit Written Comments to: Clyde Zahn, P.O. Box 9034, Olympia, WA 98507-9034, FAX (360) 586-1596, by December 29, 1997.

Date of Intended Adoption: January 8, 1998.

December 3, 1997

Nell Benzschawel, Administrator

Master License Service

WHITEWATER RIVER OUTFITTERS

NEW SECTION

WAC 308-312-010 Definitions. The following definitions apply to use of these terms in this chapter.

(1) "Business location" means a business office of a whitewater river outfitter. This is a fixed location where business may be conducted with the public and that must post a master license showing "tax registration". It does not mean where river trips take place.

(2) "Master application" means the combined license application form and any addenda provided by the master license service.

(3) "Master license" means the combined license document issued by the master license service.

(4) "Master license service" means the office within the department of licensing operating the master license program, and handling the whitewater river outfitter license.

(5) "Outfitter" means the same as whitewater river outfitter.

(6) "Proof of liability insurance" means the certificate of insurance or other written proof supplied by an insurance provider. The proof lists and guarantees the type and amount of insurance coverage provided and the period of time the coverage is in force.

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NEW SECTION

WAC 308-312-020 Whitewater river outfitter license administration office. The master license service of the department of licensing handles the whitewater river outfitter license. The office is located at 405 Black Lake Blvd. S.W., Olympia, Washington. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding state holidays. The office can be contacted by mail or phone at:

Department of Licensing

Master License Service (360) 664-1400

Post Office Box 9034 Fax (360) 753-9668

Olympia WA 98507-9034 TDD (360) 586-2788

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NEW SECTION

WAC 308-312-030 Applying for a whitewater river outfitter license. (1) To apply for a license a person must request and file a master application with the master license service. The completed master application must include the information, proof of insurance and certifications listed in RCW 88.12.275 and the fee listed in WAC 308-312-060.

(2) A master license with "whitewater river outfitter" printed on it will be issued after the application has been reviewed and approved. The license application will not be approved and no license will be issued if all the requirements are not met.

(3) Each business location where whitewater river outfitter business is conducted must be licensed even if owned by the same business owner. A separate application must be completed and filed for each business location. Each business location will receive its own master license.

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NEW SECTION

WAC 308-312-040 Renewing a whitewater river outfitter license. (1) The whitewater river outfitter license must be renewed each year by the expiration date. The master license does not allow conducting business as a whitewater river outfitter after the expiration date shown on the license. A renewal must be filed for each business location.

(2) The master license service will mail a renewal notice to each business location at least 30 days before the license expiration date. The licensee must submit the completed renewal application by the expiration date or the late renewal fee listed in RCW 19.02.085 may be charged.

(3) The completed renewal application must include the information and certifications listed in RCW 88.12.275, and the fee listed in WAC 308-312-060. The whitewater river outfitter license will not be renewed if all the requirements are not met.

(4) If a license renewal has not been filed by at least 4 months after the expiration date the license will be considered to have been abandoned and the license status will be terminated. A licensee whose outfitter license has been terminated because of nonrenewal must file a new application as described in WAC 308-312-030 in order to conduct business as a whitewater river outfitter.

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NEW SECTION

WAC 308-312-050 Proof of liability insurance. (1) Applicants and licensees must provide proof of having liability insurance coverage to the master license service. The proof of insurance must show the applicant or licensee as the insured, and list the Master License Service as the certificate holder to be notified of changes. Changes to be reported include cancellation, termination, nonrenewal, and renewal of a policy. Cancellation, termination, or nonrenewal of a policy must be reported to the Master License Service at least 30 days before the effective date.

(2) The liability insurance policy may cover outfitter business activities at all locations within the state of Washington. A separate copy of the proof of current liability insurance must accompany each new application for a whitewater river outfitter license.

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NEW SECTION

WAC 308-312-060 Fees. (1) The following fees apply to the whitewater river outfitter license

(a) New application, $25.00 per business location.

(b) Annual renewal, $25.00 per business location.

(2) New and renewal applications are charged the application handling fee listed in RCW 19.02.075.

Delinquent renewal applications may be charged the delinquency fee listed in RCW 19.02.085.

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NEW SECTION

WAC 308-312-080 Appeals of license suspensions. A whitewater river outfitter licensee may appeal a license suspension by submitting a written notice of appeal to the department of licensing. The notice of appeal must be received by the department of licensing within twenty days after the date the suspension is issued or the right to appeal is waived. If the notice is mailed the United States post office postmark date will be accepted as the date received by the department of licensing. The department of licensing will take action on the notice as directed by the Administrative Procedure Act found in RCW 34.05.

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NEW SECTION

WAC 308-312-090 Transition from the previous voluntary whitewater craft operator registration, and implementation of the mandatory whitewater river outfitter license. (1) The master license service will not process new license applications requesting the voluntary whitewater craft operator registration referred to in WAC 308-300-310 after December 31, 1997. Applications for the voluntary registration received after December 31, 1997 will be handled as an application for the mandatory whitewater river outfitter license. Applicants affected by this change will be notified if their application does not fully comply with the requirements of RCW 88.12 and WAC 308-312. Voluntary whitewater craft operator registration renewal requests will not be processed after December 31, 1997.

(2) Applicants may request and apply for the new, mandatory whitewater river outfitter license through the master license service after November 30, 1997. The master license service will issue the whitewater river outfitter license endorsement on the master license after December 31, 1997.

(3) Persons who have a valid voluntary whitewater craft operator registration as referenced in WAC 308-300-310 on December 31, 1997 may continue in business under that registration through January 31, 1998. On February 2, 1998 the master license service will terminate all voluntary whitewater craft operator registrations previously issued. In order to continue to conduct business after January 31, 1998 persons registered as a whitewater craft operator must file an application for the whitewater river outfitter license, and have the license approved by the master license service.

(4) Only persons with a whitewater river outfitter license endorsement approved by February 13, 1998 will be included in the 1998 edition of the annual list of licensed whitewater river outfitters provided to the department of community, trade, and economic development.

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NEW SECTION

WAC 308-312-100 Proof of having a license. Persons conducting a whitewater river trip must be able to show proof of operating with a valid outfitter license to law enforcement officials. Proof of having a license must be available at the site where vessels are put into the river, or at the site where vessels are taken out of the river. The proof of having a license is not required to be carried on vessels during a river trip. A photocopy of the original master license that was issued with "whitewater river outfitter" printed on it will be accepted as proof of having a license.

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REPEALER

The following section of the Washington Administrative Code is repealed: