WSR 04-08-074

PERMANENT RULES

OFFICE OF MINORITY AND

WOMEN'S BUSINESS ENTERPRISES

[ Filed April 5, 2004, 3:38 p.m. ]

Date of Adoption: April 5, 2004.

Purpose: Change procedures for implementation of chapter 39.19 RCW related to changing processing fees for new applications, recertification applications and annual updates to be based upon legal organization structures of businesses and type of application.

Citation of Existing Rules Affected by this Order: Amending WAC 326-20-125 Processing fee.

Statutory Authority for Adoption: RCW 39.19.210.

Adopted under notice filed as WSR 04-02-042 on January 5, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 5, 2004

Carolyn Crowson

Director

OTS-6900.1


AMENDATORY SECTION(Amending WSR 94-11-115, filed 5/18/94, effective 6/18/94)

WAC 326-20-125   Processing fee.   The office shall charge ((businesses)) a nonrefundable ((twenty dollar)) fee for ((processing applications. "Applications" includes requests to be considered for DBE status when the requests are submitted separate from a certification or recertification application. Businesses)) certification or recertification based upon the legal organizational structure of the business, as follows: Fifty dollars for a sole proprietorship, seventy-five dollars for a partnership (general or limited), and one hundred dollars for all other legal organizational structures; e.g., corporation or limited liability company: Provided, however, That the office shall only charge a twenty-five dollar fee when the application requests DBE-only certification or recertification for all business legal organizational structures. The office shall also charge a nonrefundable twenty-dollar fee for processing annual updates for all business legal organizational structures. The business must submit the fee with ((all)) the application((s)) for certification ((or)), recertification ((received in the office on or after July 1, 1993)), or annual update. The business applying for DBE-only certification may request a waiver of the fee. The request for fee waiver must be submitted to the office in writing. The office will review the request and make a determination in accordance with the Washington state department of transportation (WSDOT) DBE plan. An application is not deemed to be ((filed and processing will not begin)) received by the office until ((this)) the required fee is received by the office((. No business shall be charged more than once in a twelve month period)) or the request of waiver of the fee has been approved by the office.

[Statutory Authority: RCW 39.19.030. 94-11-115, 326-20-125, filed 5/18/94, effective 6/18/94. Statutory Authority: 1993 c 195. 93-16-080, 326-20-125, filed 8/3/93, effective 9/3/93.]

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