WSR 00-08-032

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed March 28, 2000, 4:25 p.m. ]

Date of Adoption: March 28, 2000.

Purpose: To clarify the collection and handling of dishonored checks for vehicle/title transactions, motor vehicle fuel tax, special fuel tax, aircraft fuel tax and reciprocity and proration.

Citation of Existing Rules Affected by this Order: Amending WAC 308-04-020 and 308-91-150.

Statutory Authority for Adoption: RCW 46.01.110, 82.36.435, 82.38.260, 82.42.040, 46.87.010(2).

Adopted under notice filed as WSR 00-05-014 on February 7, 2000.

Changes Other than Editing from Proposed to Adopted Version: Revised WAC 308-04-020 into the question and answer format, no other changes were added.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 3, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

March 28, 2000

Fred Stephens

Director

OTS-3781.3


AMENDATORY SECTION(Amending WSR 99-01-104, filed 12/17/98, effective 1/17/99)

WAC 308-04-020
((Reasonable)) Handling fee for dishonored checks in payment of vehicle or vessel licenses and certificates of ownership.

((Whenever registrations, licenses, or permits relating to the licensing or registration of vehicles or vessels have been paid for by checks to county auditors, agents, and subagents appointed or approved by the director pursuant to RCW 46.01.140, if the check has been dishonored by nonacceptance or nonpayment, a handling fee, in an amount not to exceed twenty-five dollars may be assessed for each such instrument. County auditors, agents, and subagents, may collect restitution, and where they have collected restitution may retain the reasonable handling fee.)) (1) Will the department accept a check for registrations, licenses, permits or certificates of ownership for vehicles or vessels? Yes, registrations, licenses, or permits relating to the licensing or titling of vehicles or vessels may be paid by check to county auditors, agents, vehicle licensing offices and subagents appointed or approved by the director under RCW 46.01.140.

(2) If my check is dishonored, do I have to pay a handling fee? Yes, when a financial institution dishonors a check by nonacceptance, stop payment, or nonpayment, a handling fee in the amount of twenty-five dollars will be assessed for each check.

(3) Who may collect the fee for dishonored checks? County auditors, agents, department vehicle licensing offices and subagents may collect and retain the handling fee.

[Statutory Authority: RCW 46.01.110 and 43.24.023. 99-01-104, 308-04-020, filed 12/17/98, effective 1/17/99. Statutory Authority: RCW 46.01.230(3). 87-21-014 (Order TL/RG 38), 308-04-020, filed 10/9/87.]

OTS-3783.2


NEW SECTION
WAC 308-72-720
Dishonored checks.

(1) What will happen if my check becomes dishonored? A dishonored check represents failure to pay motor vehicle fuel taxes, fees and/or penalties and interest when due, and the department will enforce such motor fuel licensing and taxing laws as are necessary to recover the unpaid taxes and fees when they become due and payable.

(2) What form of payment does the department require for dishonored checks? Any registrant who tenders a check that is subsequently dishonored by a financial institution upon which it was drawn, may be required to tender all subsequent payments in certified funds, i.e., cash, cashier's check, certified check, traveler's check, official check, or money order.

(3) Are there any additional fees charged for a dishonored check (DHC)? Yes, a handling fee shall be assessed by the department for each check dishonored by the financial institution.

[]

OTS-3784.2


NEW SECTION
WAC 308-77-290
Dishonored checks.

(1) What will happen if my check becomes dishonored? A dishonored check represents failure to pay special fuel taxes, fees and/or penalties and interest when due, and the department will enforce such special fuel licensing and taxing laws as are necessary to recover the unpaid taxes and fees when they become due and payable.

(2) What form of payment does the department require for dishonored checks? Any registrant who tenders a check that is subsequently dishonored by a financial institution upon which it was drawn, may be required to tender all subsequent payments in certified funds, i.e., cash, cashier's check, certified check, traveler's check, official check, or money order.

(3) Are there any additional fees charged for a dishonored check (DHC)? Yes, a handling fee shall be assessed by the department for each check dishonored by the financial institution.

[]

OTS-3785.2


NEW SECTION
WAC 308-78-100
Dishonored checks.

(1) What will happen if my check becomes dishonored? A dishonored check represents failure to pay aircraft fuel taxes, fees and/or penalties and interest when due, and the department will enforce such aircraft fuel licensing and taxing laws as are necessary to recover the unpaid taxes and fees when they become due and payable.

(2) What form of payment does the department require for dishonored checks? Any registrant who tenders a check that is subsequently dishonored by a financial institution upon which it was drawn, may be required to tender all subsequent payments in certified funds, i.e., cash, cashier's check, certified check, traveler's check, official check, or money order.

(3) Are there any additional fees charged for a dishonored check (DHC)? Yes, a handling fee shall be assessed by the department for each check dishonored by the financial institution.

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OTS-3782.2


AMENDATORY SECTION(Amending WSR 95-05-045, filed 2/10/95, effective 3/13/95)

WAC 308-91-150
((Form of payment required -- ))Dishonored checks.

(((1) Assessments for proportional registration fees/taxes due the state of Washington shall be paid in United States funds unless guaranteed payment is specifically required by the department.

(2) Any registrant who tenders a check that is subsequently dishonored by the bank or other financial institution upon whom it was drawn, may be required to tender all subsequent payments in person by cash or by cashier's check, certified check, traveler's check, or money order.

(3) A handling fee in the amount of fifteen dollars shall be assessed the drawer for each check dishonored by the bank or other financial institution upon whom it was drawn and interest on the amount of each check shall accrue from the date of dishonor at the rate of twelve percent per annum. The interest and handling fee shall be deposited into the highway safety fund.)) (1) What will happen if my check becomes dishonored? A dishonored check represents failure to pay proportional registration, fees and/or penalties and interest when due, and the department will enforce such proportional registration licensing and taxing laws as are necessary to recover the unpaid fees when they become due and payable.

(2) What form of payment does the department require for dishonored checks? Any registrant who tenders a check that is subsequently dishonored by a financial institution upon which it was drawn, may be required to tender all subsequent payments in certified funds, i.e., cash, cashier's check, certified check, traveler's check, official check, or money order.

(3) Are there any additional fees charged for a dishonored check (DHC)? Yes, a handling fee shall be assessed by the department for each check dishonored by the financial institution.

[Statutory Authority: RCW 46.87.010(1) and 46.87.080(7). 95-05-045, 308-91-150, filed 2/10/95, effective 3/13/95. Statutory Authority: RCW 46.87.010(2). 94-13-012, 308-91-150, filed 6/2/94, effective 7/3/94. Statutory Authority: RCW 46.01.110 and 46.87.010(2). 91-06-093, 308-91-150, filed 3/6/91, effective 4/6/91. Statutory Authority: RCW 46.87.010(2), 46.01.110 and chapters 46.87 and 46.85 RCW. 88-06-061 (Order PFT 8803), 308-91-150, filed 3/2/88.]

Washington State Code Reviser's Office