WSR 97-24-105

EMERGENCY RULES

DEPARTMENT OF LICENSING

(Business and Professions Division)

(Master License Service)

[Filed December 3, 1997, 10:48 a.m.]

Date of Adoption: December 3, 1997.

Purpose: Emergency adoption of rules to allow implementation of SSB 5483 (chapter 391, Laws of 1997) by the effective date of January 1, 1998. Permanent rule adoption delayed due to substantial changes being made to proposed rules and new public hearing being scheduled.

Citation of Existing Rules Affected by this Order: Repealing WAC 308-300-310.

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

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Existing businesses must acquire the new license created by this legislation in order to continue in business beyond December 31, 1997. Failure to do so is punishable as a gross misdemeanor. The Department of Licensing needs to have certain procedures and fees established in order to timely issue the license.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 9, amended 0, repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 9, amended 0, repealed 1.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 9, amended 0, repealed 1.

Effective Date of Rule: Immediately.

December 3, 1997

Nell Benzschawel

Administrator

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: